Litigation in Thailand is a procedural, documentary contest where preparation, early preservation and smart use of interim relief usually decide outcomes. Because discovery is limited, judges place heavy weight on originals, contemporaneous records and expert reports — so the party that assembles a tight “war-pack” and secures Thai-court conservatory powers quickly gains the strategic upper hand. Below is a practical roadmap from day-one to enforcement, with the exact steps and tactical advice you can use immediately.
1 — The forum map (pick the right court at filing)
Thailand’s court system has three tiers (Courts of First Instance, Courts of Appeal, Supreme Court) and several specialist first-instance courts that matter commercially: Central Intellectual Property & International Trade Court, Central Bankruptcy Court, Central Tax Court, and specialized labor/administrative tribunals. Choosing the correct court at the outset avoids jurisdictional challenges and wasted months.
2 — Day-one triage: preserve evidence and trace assets
Because routine discovery is narrow, your immediate job is evidence and asset preservation:
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Secure originals. Contracts, signed receipts, Land-Office extracts, board minutes and hard-copy correspondence.
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Capture electronic metadata. Export email headers, server logs and phone exports (preserve chain of custody).
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Take signed witness statements while recollection is fresh.
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Commission rapid experts (forensic accountant, surveyor, engineer) to produce early, court-grade reports.
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Asset trace. Pull company registry extracts, Land Office certified copies and bank-account leads so you can target Thai assets for freezing.
Act fast: provisional remedies and LED enforcement are territorial — if assets vanish, recovery options narrow quickly.
3 — Evidence & limited discovery — adapt your strategy
Thai civil procedure does not provide broad Anglo-style discovery; parties must produce their case documents and supply witness lists shortly before hearings. For third-party documents you need a court order and a precise showing of relevance. Consequently, design claims around documents you can already produce or obtain by subpoena, and build your case so each key fact ties to a concrete, contemporaneous exhibit.
4 — Interim relief: what the courts actually grant
Thai courts can and do grant urgent provisional measures (injunctions, freezing orders, seizure of bank accounts, preservation of property and evidence) where delay would defeat the remedy. These are typically affidavit-led applications requiring a prima facie case plus evidence of irreparable harm or imminent dissipation; courts commonly require the applicant to give security. Use ex-parte preservation where factual urgency exists — it’s an accepted tactical instrument in Thai civil practice. (Plan to follow up with a full hearing quickly.)
5 — Trial mechanics & practical presentation
Trials are judge-led and oral. The normal sequence is pleadings → exchange of documentary evidence/witness lists → evidentiary hearings (witnesses and experts) → closing submissions → judgment. Practical tips that materially improve outcomes:
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File a compact, chronologically indexed trial bundle (one-page chronology + exhibit map).
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Ensure translations into Thai for non-Thai documents and certified Thai copies for anything the court will rely on.
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Keep witnesses concise and documentary: judges value crisp, evidence-driven testimony over long narrative.
Because discovery is limited, the quality of your bundle matters far more than the number of pleadings.
6 — Costs, appeals and practical timeframes
Thai courts allow appeals on fact and law; appeals extend enforcement timelines substantially. Cost awards are statutory and usually do not fully cover legal fees — budget for expert fees, translation and enforcement costs. Typical durations: simple debt claims may be resolved in months; complex commercial or property trials with expert evidence and appeals commonly take 12–36 months (and longer if appeals follow).
7 — Enforcement — the Legal Execution Department (LED)
A final Thai judgment is enforced through the Legal Execution Department (LED). Available execution tools include garnishment of bank accounts, seizure and public auction of movables and immovables, attachment of salaries, and appointment of receivers for registered company assets. Enforcement is practical and effective if identifiable Thai-situs assets exist — without such assets enforcement is constrained to asset-tracing and parallel cross-border steps. Start enforcement planning at filing: locate assets, register charges, and be ready to file execution applications promptly.
8 — Arbitration interplay and foreign awards
Arbitration offers confidentiality and broad enforceability (New York Convention). However, arbitral tribunals do not themselves freeze Thai assets — you will normally need a Thai court to grant interim conservatory measures in support of an arbitration. Once an award is issued, Thailand will recognize and enforce New York-Convention awards by conversion into a Thai judgment subject to narrow public-policy defenses. Build an emergency arbitrator clause and a Thai-court interim-measures carve-out into your arbitration clause to combine arbitration’s advantages with Thai courts’ preservation powers.
9 — Cross-border judgments: don’t assume direct enforcement
Thailand does not have a general automatic exequatur for foreign court judgments; enforcing a foreign court judgment typically requires fresh local proceedings (or recognition steps) unless it is an arbitral award under the New York Convention. Plan parallel proceedings in jurisdictions where assets sit, and coordinate preservation orders across seats quickly to prevent dissipation.
10 — Tactical “day-one” checklist you can use now
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War-pack (within 48–72 hours): originals of key contracts; signed witness statements; export of emails with headers; bank screenshots showing balances and recent transfers; Land Office extracts and DBD/company registry prints.
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Asset map (days 1–7): list bank accounts, title deeds (chanote numbers), vehicle registrations, shareholdings and company directorships.
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Preservation move (days 1–7): if dissipation risk exists, file an ex-parte preservation application seeking freezing of specified bank accounts / attachment of listed immovables.
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Expert instruction (days 3–14): commission a quick technical/forensic report tailored to the court’s evidentiary needs.
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Trial bundle & translations (weeks 2–6): assemble indexed bundles and certified Thai translations for all non-Thai documents.
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Enforcement plan (parallel): prepare LED forms, verify asset locations, and unmask any nominee structures before judgment to make execution swift.
Final practical note
Litigation in Thailand is won by the side that documents early, preserves assets fast, and uses interim Thai court powers aggressively while keeping trial presentation simple and documentary. For cross-border disputes, pair arbitration for final relief with Thai-court interim remedies for immediate preservation.
