Litigation in Thailand is a procedure-heavy, documentary contest: because discovery is narrow and judges control how evidence is produced and heard, the party who preserves facts early, secures interim relief quickly, and presents a tight documentary bundle usually wins the strategic race. Below is a tactical roadmap you can use from day-one: forum choice, evidence preservation, interim measures, trial mechanics, enforcement, arbitration interplay and practical risk-management.
1) Choose the right forum — get the map right first
Thailand’s court system has three tiers (Courts of First Instance, Courts of Appeal, Supreme Court) and a set of specialist bodies that matter for commercial actors: notably the Central Intellectual Property & International Trade Court, the Central Bankruptcy Court, the Central Tax Court and Labour Courts. Picking the correct court at filing avoids procedural challenges and jurisdictional transfers that waste months.
Practical rule: if your dispute touches IP, cross-border trade or specialized commercial regulation, use the specialist courts; for insolvency or business rehabilitation, the Central Bankruptcy Court is the right venue.
2) Pre-litigation triage — preserve, preserve, preserve
Because Thailand offers limited pre-trial discovery, your first job is a preservation sprint: secure originals, capture electronic metadata (email headers), take signed witness statements, photograph physical evidence and commission technical/expert reports while facts are fresh. Courts expect original documents and contemporaneous evidence — later recollections carry less weight. See the “war-pack” checklist below.
War-pack (immediate): originals + certified copies of contracts, bank screenshots, timestamped emails, phone export, signed witness affidavits, early expert instruction (surveyor / forensic accountant) and a short chronology.
3) Evidence rules & limited discovery — adapt your tactics
Thai civil procedure does not provide broad U.S./UK-style discovery. Instead, each party must submit the documents and witness list it intends to rely on (normally at least seven days before the hearing where the evidence will be taken). You can ask the court to subpoena documents or witnesses, but courts will require a precise showing of relevance and fact-specific need. That makes early intelligence (asset tracing, bank slips, corporate filings) essential.
Tactical implication: design suits around admitted documentary proof and build your case so the judge can see causation from the documents you possess — don’t rely on fishing expeditions.
4) Interim relief: freezing, injunctions and attachments
Thai courts grant urgent provisional remedies (injunctions, freezing orders, preservation of evidence and seizure notices) where delay would defeat justice or allow asset dissipation. These are affidavit-led and require a prima facie case plus evidence of irreparable harm or risk of dissipation; courts may demand security from the applicant. Freezing orders typically cover Thai-situs assets — including bank garnishees, real-property seizures and receivership measures — but are less effective extraterritorially. If you suspect imminent dissipation, prepare an ex-parte application immediately.
Practical tip: attach bank screenshots, transfer chains and contemporaneous correspondence to your preservation affidavit — Thai judges expect concreteness.
5) Trial mechanics & proof strategy
Trials are judge-led and oral; written bundles are an essential convenience. Procedure typically follows: pleadings → document lists & witness lists → evidentiary hearings (live testimony and expert evidence) → closing submissions → judgment. Courts give heavy weight to authenticated originals, expert reports and properly sworn witness testimony — translations into Thai are required for non-Thai documents. Expect hearings to be concentrated; prepare concise witness examinations and short, evidence-led openings that point the judge to the core exhibits.
Drafting tip: index exhibits, prepare a one-page chronology and a “court-friendly” exhibit map for the judge (dates, documents, legal point).
6) Judgments, appeals and costs
Judgments can be appealed on fact and law; appeals extend timelines. Thailand’s costs regime rarely reimburses full legal fees (awards are statutory and limited), so budget accordingly. Consider tactical use of security for costs or interim escrow if recovery is uncertain.
7) Enforcement — the Legal Execution Department (LED)
A final, enforceable Thai judgment is executed through the Legal Execution Department (LED) (part of the Ministry of Justice). Enforcement tools include garnishment of bank accounts, seizure and auction of movables and immovables, salary attachments and appointment of receivers; execution proceedings must generally be commenced within statutory limitation windows. If your target has no Thai assets, enforcement will be harder — plan asset-tracing and preservation early.
Practical: before filing, map Thai assets (registered property, bank accounts, company shareholdings) and plan immediate preservation requests where dissipation risk exists.
8) Arbitration vs litigation — use both where appropriate
Arbitration gives finality and international enforceability (New York Convention). But arbitration does not automatically deliver urgent domestic preservation powers; to freeze Thai assets or seize documents you normally need Thai-court assistance even when arbitration is the agreed forum. Best practice: include an emergency arbitrator clause and a Thai-court carve-out for interim measures in your arbitration clause. Once an arbitral award is obtained you can petition Thai courts to enforce it under the Arbitration Act / New York Convention — courts review a narrow set of defenses before recognition.
9) Cross-border enforcement & practical steps
For cross-border fights, coordinate parallel steps: immediate Thai preservation (if assets in Thailand), simultaneous filings in the seat of arbitration or in foreign courts where assets sit, and mutual legal-assistance. Freezing orders are usually territorial — don’t assume a Thai freezing order will immobilize assets abroad. Use targeted Hague/MLAT options only when criminal trace or asset restraint requires it.
10) Practical checklist — what wins in Thailand
-
Day 0–3: secure originals, take witness statements, snapshot bank balances; commission an expert outline.
-
Day 1: run asset trace (banks, Land Office extracts, company registries) and prepare preservation affidavit.
-
Day 3–7: if risk, file ex-parte preservation/injunction with clear evidence and request LED-style execution hold.
-
Pre-trial: build a tight bundle, index exhibits, translate non-Thai docs and file witness lists in the form the court expects.
-
Trial: focus on documentary narrative, concise witness examination and one-page legal submissions for the judge.
Final practical note
Litigation in Thailand rewards preparation, early preservation and documentary discipline. Use arbitration for final relief and Thailand’s courts for urgent conservatory measures.