Litigation Lawyers in Thailand.

Settlement, mediation or court

Most disputes end without a judgment, and Thai law offers several ways to get there.

• Mediation before filing. A party can ask the competent court to mediate before any claim is filed. There is no court fee, and a settlement reached there can become a judgment by consent.
• Mediation after filing. The court can mediate a filed case on its own initiative or at a party's request.
• Mediation outside the courts. The Rights and Liberties Protection Department mediates civil disputes of up to 5 million baht under the Dispute Mediation Act B.E. 2562, with no fee.
• Arbitration. Where the contract has an arbitration clause, the dispute usually goes there. Institutions include the Thai Arbitration Institute, under the Office of the Judiciary, and the Thailand Arbitration Center.

Ask a firm whether it handles the negotiated routes as well as court work. Settling can also recover part of the cost already spent: when a case ends by compromise or withdrawal, the court may refund all or part of the filing fee.

If a case runs to judgment, the losing side can appeal to a Court of Appeal, but an appeal on the facts is not allowed where the amount in dispute is 50,000 baht or less. A further appeal to the Supreme Court needs the Supreme Court's permission, which it grants for important questions. There is no published figure for how long a case takes, so treat any firm's estimate as a judgment about your file, not a rule.

Choosing a litigation lawyer in Thailand

Only a lawyer registered and licensed with the Lawyers Council of Thailand may plead in a Thai court or draft court filings for someone else, and registration requires Thai nationality. A foreign client's own lawyers abroad can stay involved, but the lawyer who appears in a Thai court is a licensed Thai lawyer. It is fair to ask for the name and licence number of the person who will actually handle your hearings.

Beyond the licence, compare firms on four points:

• Forum experience. Has the firm run cases in the court or arbitration where yours belongs?
• Who does the work. A partner may take the first meeting while an associate drafts and appears.
• Language. The court file is in Thai, but advice, reports and updates can come in English or another language. Each card shows the languages a firm works in.
• Conflicts. Give the firm the other side's full name early, so it can confirm it acts for no one on that side.

Documents to bring to a first meeting

• The contract, quotation, purchase order or other document the dispute turns on
• Correspondence with the other side, including any demand letters sent or received
• Invoices, receipts, bank transfers and delivery records
• The other party's full legal name, company registration number and address
• A short timeline of what happened, with dates
• Any earlier court, police or arbitration papers

Flag anything not already in Thai. A court will not rely on it without a certified translation, and getting one takes both time and money.

Scope and fee questions to ask

Professional fees are set by each firm. Ask for a written scope that answers:

• Which stages are covered: demand letter, mediation, first instance, appeal, enforcement?
• Is the fee hourly, fixed per stage, or a mix, and what triggers the next stage?
• Are court fees, translation, service of documents and expert costs billed separately?
• Who decides whether to settle, and how will offers be reported to you?

Court fees are separate from professional fees and scale with the amount claimed. Where cost is a barrier, a party who cannot pay can apply to the court for an exemption from court fees, the Ministry of Justice's Justice Fund can help with lawyer fees and court fees after assessing the applicant's circumstances, and the Lawyers Council runs a free legal consultation service on hotline 1167.

Enforcement starts at the assessment

A judgment establishes an entitlement; collecting it is separate machinery. Where the losing party does not pay, the court issues a writ of execution appointing an executing officer, and the Legal Execution Department can seize movable and immovable property, attach bank accounts and sell seized assets at public auction. Enforcement must be requested within ten years of the judgment. If the creditor believes the debtor has more assets, or does not know where they are, the court can be asked to examine the debtor.

Arbitral awards follow their own route: an award is enforced by petition to the competent court, and the application must be made within three years of the award becoming enforceable. Thailand is a party to the New York Convention, so awards from other member states can be enforced here. Foreign court judgments are harder, because Thailand has no treaty for their reciprocal enforcement, and a foreign judgment is usually used as the basis of a new claim in a Thai court. A lawyer can confirm how that works for a specific judgment.

This page is general information, not legal advice. For a specific dispute, speak with a qualified lawyer.