Litigation in Thailand
Law Firm in Bangkok, Thailand
Anurak & 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’s civil and criminal courts at the Bangkok and Provincial levels and in the Specialized Courts: 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 different police authorities, and vigorously represents cases from the Courts of First Instance to the Courts of Appeal to the Supreme Court. The Litigation Department is headed by Attorney Punjaporn Kosolkitiwong and Mr. Chaowarote Chumkam, a senior legal advisor to the firm, and the Litigation team’s Thai lawyers have renowned depth of knowledge and are highly qualified to act on wide-ranging matters for local and international businesses, entrepreneurs, families, and individuals.
Alternative dispute resolution practices are an important part of the Kingdom’s legal system, and Thailand was an early adopter of 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 1987 Arbitration Law was amended in 2002, and arbitrations can be conducted under any rules as agreed among the parties.
As local and international disputes in Thailand are increasingly being settled through mediation and arbitration as a substitute for litigation, Anurak & Associates specializes in alternative dispute resolution with an emphasis on conciliation and arbitration. The firm has considerable experience in both conciliation and arbitration litigation and to adjudicate under the rules of the Thai Arbitration Institute (TAI), the Office of Insurance Commission (OIC), the Stock Exchange of Thailand (SET), and the International Chamber of Commerce (ICC Rules) or under 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:
Litigation Department | Email: litigation@anuraklaw.com | Telephone: (66) 2879-6389
