Litigation in Thailand
Law Firm in Bangkok, Thailand
Dej-Udom & Associates Litigation Department offers expert counsel on legal matters under Thai law and handles complex, high-value dispute resolution in a wide range of litigation cases in Thailand for all kinds of disputes at the court of First Instance in Bangkok and up-country including the Specialized Courts the Courts of Appeal and the Supreme Court.: the Intellectual Property and International Trade Court, the Labour Courts, the Tax Courts, the Bankruptcy Court, and the Juvenile and Family Courts. The Department has extensive expertise in dealing with all Thai judicial instances as well as the public prosecutors and the diverse police officers. The Litigation Department is headed by Wanchai Kijchanpaiboon, Esq. and Kittitad Rattanakuha, Esq. on advocacy matters while the Head of the Firm Prof. Dej-Udom Krairit, Esq. will cover on consulting matters and all insights, together with our aggressive Litigation team which all members are professionally qualified to act on wide-ranging matters for local and international businesses, entrepreneurs, families, and individuals.
At present, alternative dispute resolution (“ADR”) practices play an important role in of the Kingdom’s legal system. Thailand had rectified the 1958 New York Convention on the Uniform Enforcement of Arbitral Awards. While direct enforcement of foreign judgments is not available in the Kingdom; as a signatory to the New York Convention, Thailand does ensure the effective enforcement of awards made in other signatories’ jurisdictions. The Thai 2002 Arbitration Law allows arbitration proceedings can be conducted under any rules and places as agreed among the parties.
Lately, local and international disputes in Thailand are increasingly being settled through mediation and arbitration as a substitute for litigation. Dej-Udom & Associates specializes in alternative dispute resolution with an emphasis on conciliation and arbitration. The firm has considerable experience in both conciliation and arbitration under the rules of the Thai Arbitration Institute (TAI), Thailand Arbitration Center (THAC), the Office of Insurance Commission (OIC), the Stock Exchange of Thailand (SET), and the International Chamber of Commerce (ICC Rules), or the statutes of the United Nations Commission on International Trade Law (UNCITRAL).
Litigation Department FAQ
Q. What is your main litigation practice?
A. Most of our litigation work is commercial litigation and cross-border trade and investment disputes including arbitral proceedings.
Q. Do you take criminal cases:
A. Yes, for crimes and anti-corruption cases, but not misdemeanors.
Q. Do you accept cases on a contingency fee basis?
A. No. In Thailand, law firms are only allowed to charge for litigation services at a fixed cost or hourly rate. Our billing policy is available at your request.
Q. What kind of legal proceedings take place in the Courts of Law in Thailand?
A. Thailand has adopted a civil law system. All cases are tried before a panel of appointed judges comprised of a minimum of three judges. Thailand has no jury system.
Q. What is the normal length of time for a case to be finalized?
A. For a criminal case, around one year for a capital offence at the Court of the First Instance and up to four years through the Court of Appeals and the Supreme Court. For a civil case, it will depend on the type of dispute as there are a number of specific courts including the Central Court, Central Tax Court, Central Bankruptcy Court and the Central Intellectual Property and International Trade Court.
Q. Any more questions?
A. Please Contact:
Wanchai Kijchanpaiboon | Email: wanchai_litigation@dejudom.com | Telephone: +66 81 689 4616
Litigation Department | Email: litigation@dejudom.com | Telephone: (66) 2233 0055
