Civil Litigation

Court Structure: The Thailand Court system is, generally, divided into three levels: (1) Court of First Instance, (2) Court of Appeals, and (3) the Supreme Court. There are also special courts for labor, tax, juvenile and family matters, bankruptcy, and intellectual property and international trade litigation.

Jurisdiction: Complaints must be submitted to the Court in the jurisdiction where the defendant is domiciled or the jurisdiction where the claim arose. However, in cases pertaining to immovable property, the appropriate jurisdiction is that where the immovable property is located.

In most cases, an appeal taken from a court of first instance will go to the Court of Appeals, and then to the Supreme Court. Cases in some of the specialized courts will go directly to the Supreme Court. Aside from the District Courts, the court of first instance consists of a panel of three judges with two judges constituting a quorum. A panel of three judges sit in the Court of Appeals and the Supreme Court, but if the case is deemed important, then the entire Supreme Court may sit.

The Thai courts have jurisdiction to make and enforce judgements over the property of non-residents who commit crimes or are subject to claims by Thai nationals and those domiciled in Thailand.

Cases Arising from Abroad: Civil cases originating from outside of the Kingdom require the plaintiff, through a power of attorney duly notarized and authenticated by a Thai Embassy or Consulate, appointing someone in the Kingdom of Thailand to prosecute the matter. The case would then be filed within the Kingdom by an attorney-at-law who has been appointed by the attorney-in-fact as set out in the Power of Attorney.

 

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