Commercial Litigation in Thailand

Commercial litigation in Thailand is a procedural, documentary and tactical contest. Judges give heavy weight to originals and clear chronologies, courts are pragmatic about urgent preservation, and enforcement is often the decisive phase — getting a judgment is only part of the job. This guide gives a realistic, practice-oriented roadmap: forum selection, pre-action preservation, evidence strategy, interim relief, trial mechanics, arbitration interplay, enforcement, criminal interfaces and a day-one checklist you can use with counsel.

Pick the right forum — it matters

Thailand offers multiple dispute routes with different strengths:

• Civil Courts (District/Provincial/Appellate/Supreme Court): general disputes: contracts, torts, property, debt. Procedural rules are formal; first instance factual inquiries are detailed.

• Specialist central courts: IP&IT Court, Central Bankruptcy Court, Central Labour Court, Administrative and Tax Courts — use these where statute requires or specialist judges are advantageous.

• Arbitration: the standard for international commercial disputes. Confidential, often faster, and awards are enforceable under the New York Convention in Thailand and abroad. However, some interim remedies (e.g., Land Office registrations, immediate asset preservation) are easier in local courts.

• ADR / mediation: frequently effective to save costs — often mandated or encouraged by courts.

Choose forum by (A) the remedy you need (injunction, recognition, damages, specific performance), (B) whether confidentiality and foreign enforcement are priorities, and (C) whether you will need urgent court-preservation power.

Pre-action discipline — prepare like a trial will start tomorrow

Thailand rewards speed and documents:

1. Secure originals immediately. Contracts, title deeds, invoices, SWIFT/FET remittances, delivery receipts, CCTV and server logs — originals are often decisive.

2. Freeze evidence: copy, timestamp and preserve digital metadata. Document chain of custody for emails/servers.

3. Quick triage memo: identify jurisdictional issues, regulatory gates, and whether interim relief is needed.

4. Demand letter: a clear, documented demand that sets a short cure period both preserves negotiation and builds a costs narrative for later.

5. Consider criminal filings (for forgery or fraud) where forensic reports will help your civil case.

A focused pre-action dossier often wins interim relief and improves settlement leverage.

Pleadings and the documentary bundle — make the judge’s job easy

Thai judges expect a compact, paginated bundle:

• Chronology page: numbered timeline of events (1–N) mapping each fact to exhibits.

• Exhibit index & tabbed bundle: originals or certified copies with a master index; foreign docs require certified Thai translations.

• Pleadings that preserve remedies: plead everything you might want (specific performance, injunctions, damages, interest, costs) then narrow.

• Witness lists & expert reports: expert evidence (surveyors, accountants, forensic document examiners) should be reasoned and cite primary sources.

A short “how the evidence proves each legal element” memo for the judge is unusually persuasive.

Interim relief — the tactical core

Interim remedies are often decisive in Thai commercial disputes:

• Injunctions / preservation orders: to stop transfers, demolitions or sales. You must show prima facie right, urgency and irreparable harm. Fresh Land Office extracts, photos, and SWIFTs make urgency palpable.

• Provisional attachments / garnishments: freeze bank accounts or assets to secure a potential future judgment. Courts require clear linkage between the asset and the claim.

• Registrar/Land Office notices: lodge immediate notices or submit petitions to the Land Office to prevent transfers.

• Urgent arbitral relief vs court relief: Thai courts will, in many circumstances, grant interim measures in support of arbitration — ask early.

Speed, crisp affidavits and up-to-date documentary proof are the single best predictors of interim success.

Evidence practice — originals, experts, and digital forensics

Thailand is documentary:

• Original documents carry weight. For land disputes the chanote and a licensed surveyor’s GPS report are near-decisive. For payments, SWIFT/FET traces are essential.

• Digital evidence must preserve metadata and show chain of custody. Export logs, server snapshots and hash values help authentication.

• Forensic examiners (handwriting, ink analysis, server forensics) are routinely used and courts accept them as persuasive.

• Expert witnesses: choose credible experts, attach CVs and underlying data, and be prepared for the court to appoint its own independent expert.

Prepare exhibit maps linking each document to the element of the claim it proves.

Trial mechanics & remedies

• Timing: first-instance commercial cases commonly take 12–36 months if contested. Appeals add time.

• Remedies: specific performance (often available for land or bespoke contracts), damages (direct and foreseeable losses), rescission, restitution, interest (contractual and statutory) and costs (judicial discretion).

• Judgment drafting: expect detailed findings on facts and law; attach computation schedules for damages and interest.

Draft remedies carefully and include calculation tables at filing to help the court and constrain disputes.

Arbitration — preserve court access for urgent relief

Arbitration is excellent for cross-border enforcement and confidentiality. But procedural reality in Thailand:

• Start arbitration for merits but preserve court avenues for urgent preservation orders (injunctions, attachments) and registrar interventions.

• Enforcement: New York Convention awards are routinely enforced in Thailand, but procedural formalities (recognition applications) and translations are required.

Use arbitration clauses that explicitly allow court assistance for interim measures and specify seat/lex arbitri carefully.

Enforcement — the strategic endgame

Winning is not collecting. Plan enforcement from day one:

• Asset tracing early: run financial searches, Land Office checks, corporate register queries.

• Preserve assets with provisional attachments and Land Office notices before defendants dissipate value.

• Post-judgment remedies: writs, sheriff execution, forced sale at Land Office, bank garnishment, receivership. For cross-border assets use recognition of foreign judgments or awards and foreign enforcement channels.

• Insolvency routes: judgment creditors may use insolvency filings to force asset realization.

Always test whether a judgment will be collectible; a strong judgment against an empty shell is still a hollow victory.

Criminal interface — tactical, not a substitute

Criminal complaints (fraud, forgery) produce forensic reports, police summonses and sometimes fast preservation — but criminal burdens are higher and progress can be slow. Use criminal process tactically to obtain evidence or freeze assets, not as a substitute for civil remedies.

Costs, timelines & budgeting realistically

• Interim relief: days to weeks if well-prepared.

• Full trial: 12–36 months; appeals add 12–24 months each level.

• Costs: lawyers, expert fees, translations/legalization, court fees and enforcement costs. Expect expert reports and translations to be material line items. Always budget a settlement reserve.

Most commercial matters settle before final judgment — build mediation steps into your strategy.

Practical day-one checklist (give this to counsel)

1. Secure all originals: contracts, deed/chanote, invoices, SWIFT/FET, server logs, CCTV.

2. Get a fresh Land Office extract if property is involved.

3. Commission a licensed survey (boundaries, photos).

4. Preserve digital evidence (hashes, chain-of-custody).

5. Draft a short chronology and demand letter.

6. Prepare an interim relief pack (affidavit with key exhibits) ready for filing.

7. Start asset tracing and identify likely enforcement targets.

8. Discuss arbitration clauses and whether to apply for court support for interim measures.

Final practical note

Commercial litigation in Thailand rewards documentary depth, procedural speed and integrated civil/criminal/arbitral strategies. Preserve originals, prepare objective triggers for interim relief, plan enforcement early and align forum choice with the remedies you need.