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Commercial Litigation in Thailand

Commercial litigation is any legal means of resolving disputes between individuals or entities involved in a commercial relationship. It covers various subjects, including contract disputes, debt collection, disputes between corporations and partners, consumer fraud, insurance claims, and intellectual property contests.

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Commercial Litigation in Thailand

Thai courts often promote amicable resolution of disputes through alternative dispute resolution (ADR) techniques like arbitration or conciliation. In Thailand, the Thai Arbitration Institute (TAI) and the Thai Commercial Arbitration Committee of the Board of Trade are responsible for managing commercial arbitration. However, if the parties cannot resolve their dispute through ADR, the aggrieved party may file a lawsuit in court for the issues to be adjudicated.

Nature of the issue

The rise in foreign investors and international business transactions has also led to an increase in commercial litigation. As a result, lawyers in Thailand are often asked whether foreign entities can file a commercial lawsuit in Thailand or if foreign commercial litigation judgments can be enforced. A foreign entity or party may bring a commercial lawsuit in Thailand if the origin of the dispute occurred within the country or if the issue at hand falls under Thailand's jurisdiction.

A foreign plaintiff does not need to be present in Thailand but can provide their Thai attorney with a power of attorney. However, the foreign plaintiff still must prove their legal status and identity through various notarized and legalized documents from the Royal Thai Embassy or Consulate in their home country. The foreign party may also be required to attend the hearing and testify against the defendant, though this can potentially be done through online communications.

Role of Thai Lawyers

All court proceedings in Thai courts are conducted in Thai, so foreign plaintiffs must engage Thai lawyers to represent them. While some arbitrations may permit the appearance of foreign lawyers, most proceedings still occur in Thai. If you file a commercial lawsuit, you should have a Thai lawyer who is fluent in English and Thai and has experience in commercial litigation. Alternatively, you can use an interpreter. 

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Update: 12-02-2023
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