Commercial litigation in Thailand is a documentary, pragmatist’s game: judges prize clear chronology, originals and targeted expert evidence; urgent relief is often decisive; and winning a judgment is only the start — enforcement and asset preservation decide commercial success. This guide gives you the operational steps, procedural landscape, evidence strategy, interim remedies, arbitration interplay and enforcement toolbox you’ll actually use on the ground.
1) The forum map — courts, specialist tribunals and arbitration
Thailand’s civil justice system is tiered: district and provincial courts (first instance), appellate courts and the Supreme Court for final appeals. Specialist venues — the Central Intellectual Property and International Trade Court (IP&IT), Central Bankruptcy Court and Administrative/Tax Courts — handle niche commercial matters. Arbitration remains the preferred forum for cross-border business disputes; Thailand enforces New York Convention awards subject to limited grounds. Choose forum early because specialist courts and arbitral seats materially change timing and remedies.
2) Pre-action discipline — preserve, document, triage
Before filing, do four things well and fast: (A) secure originals (contracts, title deeds, invoices, SWIFT/FET remittances); (B) run a rapid triage to classify the dispute (contract, property, customs, insolvency); (C) collect urgent technical reports (surveyor, QC lab, forensic accountant); and (D) send one clear demand letter that preserves negotiation history. Thai judges and registries treat originals as decisive — losing an original deed or remittance confirmation can lose the case.
3) Pleadings, exhibits and the “document bundle” habit
Thai courts expect a tightly paginated exhibit bundle with a table of contents and a short factual chronology up front. Pleadings should preserve all remedies (specific performance, injunction, damages, interest and costs) even if you later narrow them. If foreign documents are relied on, provide certified translations and the necessary legalization/apostilles — omission often delays hearings. Experts (surveyors, engineers, forensic accountants) should produce reasoned reports with source citations; courts often appoint independent experts if the matter is technical.
4) Interim relief — the tactical lever you cannot ignore
Thailand offers effective provisional tools: temporary injunctions restraining wrongful acts; orders to prevent disposal of disputed property; provisional attachments (bank freezes); and registrar holds at registries (e.g., the Land Office). To succeed you must show a prima facie right, urgency and likely irreparable harm — present fresh Land Office extracts, photos, SWIFT receipts or expert snapshots to convey immediacy. Acting quickly (often within days) is the single most valuable commercial move.
5) Evidence practice — originals, chain-of-custody and digital proof
Originals win. For property disputes the Land Office extract and a licensed surveyor’s GPS report are frequently decisive; for cross-border payments, certified SWIFT/FET traces are indispensable. Digital evidence (emails, server logs, CCTV) is admissible if you preserve metadata and demonstrate chain-of-custody. Where forgery is alleged, forensic document examiners and court-ordered forensic tests are common. Package your evidence with a short “how the documents prove the legal elements” index for the judge.
6) Litigation vs arbitration — pick what you actually need
Arbitration gives confidentiality and (usually) faster awards enforceable under the New York Convention; Thai courts generally uphold arbitration agreements and can grant interim relief to support arbitral processes. Conversely, local courts are often better for registry-based relief (Land Office notices, sheriff execution) and where injunctive remedies against local registries are critical. For cross-border commerce, use arbitration but preserve the right to seek urgent court preservation measures in Thailand.
7) Enforcement — turning judgment into cash
A judgment or award is valuable only if you can enforce it. Domestic judgments convert to writs and sheriff execution (bank garnishment, seizure and Land Office sale); arbitral awards are recognised under the New York Convention but still require a domestic recognition application and supporting documents (award, arbitration agreement, certified translations). Start asset tracing early: preservation orders and provisional attachments are far more effective before defendants dissipate assets.
8) Criminal interface — use it sparingly but strategically
Where fraud, forgery or embezzlement is suspected, a criminal complaint can produce police forensic reports, speedy evidence preservation and immigration interventions. Criminal proceedings have a higher standard and can run slowly, so co-ordinate civil and criminal tracks to use criminal discovery tactically without relying on it for final civil relief.
9) Typical timelines & costs (practical expectations)
- Interim relief: days–weeks if evidence is ready.
- First instance civil trial: typically 12–36 months for contested commercial cases.
- Arbitral award: often 6–24 months to render an award, then enforcement steps.
Costs vary widely — budget for lawyers, court fees, expert reports, translations/legalization and enforcement actions. Always build a settlement reserve: most commercial cases resolve before final judgment.
10) Practical playbook — day-one checklist
- Obtain all originals and make certified copies; store the originals securely.
- Get a fresh Land Office extract (if land is involved) and commission a licensed survey.
- Preserve digital evidence (emails, servers, CCTV) with chain-of-custody notes.
- Issue a focused demand letter and set a short cure window.
- Prepare an interim relief pack (affidavit + exhibits + urgent survey/FET/SWIFT evidence) ready for court filing.
- Engage experienced Thai counsel and local experts early — procedural mistakes are costly.
- Start asset tracing and consider immediate provisional attachment applications if funds are likely to be dissipated.
Final practical note
Commercial litigation in Thailand rewards speed, documentary discipline and smart forum choice. Preserve originals, use objective documentary triggers for interim relief, combine civil, criminal and arbitration strategies where appropriate, and plan enforcement from day one.
