Dispute Resolution and Litigation

Being involved in a dispute can disrupt your business and your life. At Siam Attorney, we aim to give our clients a prompt, thorough assessment of their position, the various options available to them, and recommend a strategy to achieve a timely, commercial and cost-effective solution. We work hard to understand our clients’ business, to allow us to assess legal risks to attempt to identify problems and disputes before they arise.

Thailand’s legal system may be different from other country’s legal system, here’s what you need to know before you ask for legal service assistance in Thailand:

• The Legal System of Thailand
• Process of Litigation in Thailand

Table of Contents:

1. Process of litigation in Thailand

Every jurisdiction processes dispute resolution and litigation in different ways. The civil legal system in Thailand mandates a series of procedural steps that will likely be unfamiliar to those accustomed to the courtrooms of foreign common and even civil law jurisdictions

Thailand does not practice trial by jury as it is a civil law legal system where judgments apply law to the cases. The cases are decided on the merits of the submitted evidence. The number of judges may vary of one case to another.
Thailand’s Courts of Justice comprise of a three-tiered Court system, which includes a series of Municipal, Provincial, Juvenile and Family, and Specialist Courts. Outside of the three-tiered system, the Administrative, Constitutional and Military Courts may hear related disputes.

The Civil and Commercial Code of Thailand specifies the applicable procedural law and relevant practice from pre-action conduct and the treatment of witnesses to closing statements and the receipt of judgments. It also sets out procedures for interim and substantive remedies and enforcement proceedings, including the enforcement of foreign judgments.

Additionally, the Consumer Protection Act and Class Action law afford special protections to consumers while concurrently increasing businesses’ potential liability.

2. What Siam Attorney has to offer in terms of Legal Services?

Our Dispute Resolution & Litigation team operates in all jurisdictions in Thailand, and works closely with our Corporate & Commercial, Banking & Finance, and Tax teams to provide our clients with commercially oriented advice that addresses specific business objectives and takes into account broader industry issues.

Our approach to dispute resolution encourages early intervention and sensitivity to costs, both in terms of legal fees and client time and effort. We focus on your commercial interests at risk in the dispute and advise on alternative strategies in an effort to protect and advance those interests. Our litigators have represented clients before all the various courts of Thailand, from the Supreme Court to the Civil, Criminal, Administrative and Appellate Courts; from the Labor Court to the Consumer Court; and from the Tax & Duty Court to the Intellectual Property & International Court; and, of course, the Arbitration Center.

3. Legal Advice that Siam Attorney can give:

• Alternative dispute resolution, including arbitration and mediation
• Complex, multi-party litigation cases
• Competition and consumer law
• Class actions
• Enforcing your IP rights
• Project management and dispute resolution (particularly for large, complex litigation)
• Insurance litigation (including product liability)
• Building and construction disputes
• Tax litigation
• Intellectual property, copyright, trademarks, computers and software
• Defamation
• Corporations’ law and securities
• Contracts and commercial disputes
• Administrative law
• Property and development disputes
• Insolvency and reconstructions

Siam Attorney can offer you a multi-lingual dispute resolution and litigation lawyers who work closely with the firm’s other practice groups providing a multi-disciplined approach to ensure that clients receive well-informed legal advice on how to proceed regardless of the underlying cause of the legal dispute or the industry involved.

Our dispute resolution and litigation attorneys advise transactional colleagues on how clients can avoid or minimize the negative effects of potential legal claims and disputes in relation to their deals, and always take into account the circumstances as well as clients’ ultimate commercial objectives, strategy and budget. We provide clear communication channels and present clients with the most appropriate solution for resolving the issue – be it mediation, adjudication or litigation.

For counseling, guidance and assistance regarding any dissolution and disputes please feel free to contact us at support@siam-attorney.com or call us from the numbers provided below.