Disputes and litigation in Thailand.
Developer disputes, lease conflicts, co-ownership issues, construction defects, contract breaches. Many of the disputes we take on resolve at mediation. The rest go to court — and we represent you there too.
How disputes are resolved in Thailand.
Disputes in Thailand are resolved through the courts, through arbitration, or through mediation. The court system runs in tiers — from the Courts of First Instance up to the Court of Appeal and, finally, the Supreme Court — and is supported by specialised courts for intellectual property and international trade, labour, tax and bankruptcy matters.
For cross-border parties, arbitration is often the preferred route. A foreign arbitral award is enforceable in Thailand under the New York Convention, whereas a foreign court judgment is not — which makes the choice of forum a decision worth taking early.
The forums available to you.
Each matter has a natural home — sometimes more than one. Choosing the right forum shapes the cost, the timeline and whether any award can actually be enforced.
Civil & commercial courts
Three tiers — the Courts of First Instance, the Court of Appeal and the Supreme Court — handling the bulk of contractual and commercial claims.
Specialised courts
Dedicated benches for intellectual property and international trade, labour, tax and bankruptcy, each with their own rules and expertise.
Arbitration
Administered through the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC) — the common choice for cross-border contracts.
Mediation
A structured settlement route under the Mediation Act B.E. 2562, available before and during proceedings to resolve matters without a hearing.
Labour disputes
Employment claims are heard in the Labour Court, which follows a faster, less formal procedure than the general civil courts.
Enforcement
Execution of court judgments and the recognition and enforcement of arbitral awards, including foreign awards under the New York Convention.
Two routes, two sets of rules.
Litigation and arbitration follow different procedures and offer different enforcement outcomes. The right path depends on the contract, the parties and where the assets sit.
Litigation & limitation
- Three court tiers — the Courts of First Instance, the Court of Appeal and the Supreme Court — plus the specialised courts for IP, labour, tax and bankruptcy.
- A general 10-year limitation period applies to contract claims under the Civil and Commercial Code, with shorter periods for specific types of claim.
- Proceedings run in Thai, and foreign-language documents must be filed with certified translations.
- Labour claims first pass through the Labour Protection Office before reaching the Labour Court.
Arbitration & enforcement
- Arbitration is governed by the Arbitration Act B.E. 2545 (2002), which is based on the UNCITRAL Model Law.
- The main institutions are the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC).
- Thailand is a party to the New York Convention, so foreign arbitral awards are enforceable on a petition filed within three years.
- Foreign court judgments are not directly enforceable — the claim must be re-litigated in a Thai court.
Recent developments worth noting.
- Pre-litigation and court-annexed mediation are increasingly encouraged — under the Mediation Act B.E. 2562 (2019), and with the TAI Mediation Center launched in August 2025.
- Arbitration is not available for every matter: criminal cases and certain family and labour disputes are excluded, and arbitration of government contracts requires prior approval.
- An appeal to the Supreme Court is generally by leave only, granted on significant points of law rather than as of right.
- Enforcement against foreign-owned nominee property structures has intensified across 2025–2026. Where a holding is exposed, restructuring it onto a lawful footing is far better done before a dispute or an audit forces the issue.
How we run a dispute.
A clear sequence from first assessment through to enforcement — so you know what happens next at every stage.
Assessment
We weigh the merits, the limitation period, the available evidence and the best forum before any move is made.
Pre-action
Demand letters and without-prejudice negotiation or mediation, aimed at resolving the matter before it escalates.
Commence
Filing in the right court or arbitral institution, with all documents properly prepared and translated.
Hearing
Full representation through the proceedings, up to judgment or arbitral award.
Enforcement
Execution of a judgment, or the recognition and enforcement of an arbitral award against the other side's assets.
Most disputes have a settlement on the table — but only if you push for it correctly.
Civil disputes in Thailand have a built-in mediation step at the start of court proceedings, and many disputes settle before they ever reach court. In our experience, many of the matters we open resolve at mediation — usually within 3–6 months, often without the other side ever filing a defence.
The cases that don't settle go to litigation. Thai civil courts work on a written-evidence basis with judge-led examination; cases typically take 12–24 months at first instance. Appeals can extend that significantly.
We open every dispute with a settlement strategy. We document the position, send a structured demand, and use the formal mediation channel — both the Office of the Consumer Protection Board for consumer matters and the courts' own mediation centre for civil disputes. If the other side won't settle, we file. We try cases ourselves; we don't farm out the courtroom work.
Scope: We act only in corporate and real-estate disputes. We do not take criminal, family, personal-injury, or general civil matters.
What we do
- Pre-litigation demand letters and negotiation
- Court-supervised mediation
- Civil court representation (first instance and appeal)
- Developer disputes — delivery delays, defects, common-area issues
- Lease disputes — eviction, deposit recovery, breach of covenants
- Co-ownership disputes — condominium common-fees, AGM challenges
- Construction defect claims
- Contract breach claims
- Enforcement of judgments and seizure proceedings
What you get
- Settlement strategy proposed before any filing — we don't litigate by reflex
- Bilingual representation — every document explained in English
- Senior lawyer presents the case in court personally
- Honest assessment of merits before you commit
How we work
Position assessment
Documents reviewed, claim analysed, realistic merits and quantum assessed.
Demand and negotiation
Structured demand letter sent; settlement negotiations opened.
Mediation
Where applicable, formal mediation through the OCPB or the court system.
Filing
If settlement doesn't land, complaint filed with the appropriate court.
Trial
Evidence filed, witnesses examined, judgment received.
Enforcement
Where we win and the other side does not pay, we enforce — seizure orders, account freezes, asset realisation.
Speak with our team
Send a message — typical response within one hour during office hours.
WhatsApp +66 95 332 2447 Send an Enquiry Call +66 2 026 0600Frequently asked
How long does a Thai civil case take?
First instance: typically 12–24 months. Settlement at mediation can compress this to 3–6 months. Appeals can add 12–24 months further.
Are court costs and fees recoverable?
Yes, in principle — the losing party is ordered to pay court fees and a portion of legal costs. Practical recovery depends on the losing party's solvency.
Can I sue in English?
Court proceedings are in Thai. We act bilingually — every document is also issued in English for you internally.
What's the deposit-recovery process for tenants?
Demand → mediation → small-claims (up to THB 300,000) or civil court. Most settle at mediation if the demand is structured correctly.
Reviewed by the Khonsu Legal team · 1 July 2026
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