Complex commercial litigation—Thailand—Q&A guide
Complex commercial litigation—Thailand—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Complex commercial litigation—Thailand—Q&A guide
  • 1. How common is commercial litigation as a method of resolving high-value, complex disputes?
  • 2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?
  • 3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?
  • 4. What key issues should a party consider before bringing a claim?
  • 5. How is jurisdiction established?
  • 6. Res judicata: is preclusion applicable, and if so how?
  • 7. In what circumstances will the courts apply foreign laws to determine issues being litigated before them?
  • 8. What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?
  • 9. When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?
  • More...

Complex commercial litigation—Thailand—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to complex commercial litigation in Thailand published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Duensing Kippen—Olaf Duensing; Jerrold Kippen; Weeraya Kippen; Tippaya Moonmanee

1. How common is commercial litigation as a method of resolving high-value, complex disputes?

High-value, complex disputes are commonly litigated in Thailand in the domestic context. However, arbitration is becoming increasingly popular in resolving domestic issues and is mainly used for high-value and complex cross-border disputes.

2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?

Thailand is a top-tier inbound investment jurisdiction and the number of foreign investor parties, transactions involving them, and quantity or foreign investment capital has generally increased on annual basis for several decades now. Consequently, the number of cases brought by or against foreign parties have been increasing as well. However, international parties prefer the mechanisms of arbitration to settle their cross-border disputes, whereas domestic parties commonly insist on domestic litigation.

3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?

Although there are some statutory provisions that have their origin in common law

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