Disputes and litigation in Thailand
Khonsu Legal represents companies and individuals, Thai and foreign, in disputes throughout Thailand — property and construction, corporate and commercial, business crime and regulatory defence, tax and licensing, employment for employers, intellectual property, and family and inheritance. Every matter opens with a settlement strategy. Where that fails, we try the case ourselves.
The disputes we take
Khonsu Legal represents companies and individuals, Thai and foreign, in disputes throughout Thailand — not Phuket only.
Developers and builders
- Developer disputes — delay, non-completion, defects, refusal to transfer, deposit return
- Contractor and builder disputes
Leases and condominiums
- Lease disputes — eviction, deposit recovery, breach
- Condominium co-ownership, common fees and AGM challenges
Land and title
- Boundary, encroachment and servitude claims
- Title defects and challenges to a title deed
Registered rights
- Usufruct, superficies and Sap-Ing-Sith
- Mortgage enforcement and foreclosure defence
- Property agency commission claims
Shareholders and directors
- Shareholder disputes, deadlock and minority oppression
- Director liability and breach of duty
Ventures and M&A
- Joint venture disputes
- Post-completion M&A claims — warranties, price adjustment, earn-outs
- Partnership disputes
Contracts and debt
- Breach of commercial contract
- Debt recovery and commercial collection
Guarantees and dissolution
- Guarantee and suretyship claims
- Dissolution and liquidation disputes
Nominee cases
- Prosecutions arising from nominee and foreign-ownership arrangements, including under the Foreign Business Act and the Land Code
- Money laundering proceedings and asset seizure
Fraud and tax offences
- Tax evasion prosecutions
- Commercial fraud — acting for the company defending the charge, and for the company that has been defrauded
Tax and customs
- Tax assessments and appeals
- Customs disputes
Licensing
- Licence refusals and revocations
- Department of Business Development and Revenue Department matters
- BOI compliance disputes
Employment — acting for employers
- Defence of dismissal and severance claims
- Non-compete, confidentiality and trade secret matters
- Labour Department and work permit disputes
Intellectual property
- Trademark opposition, cancellation and infringement
- Copyright, software and content disputes
- Domain name disputes
Divorce and marital property
- Divorce, by consent or contested
- Division of marital property
- Enforcement of prenuptial and postnuptial agreements
Probate and wills
- Probate and estate administration
- Contested wills and inheritance disputes
Appeals and judgments
- Appeals to the Court of Appeal and the Supreme Court
- Enforcement of Thai judgments, including seizure and account freezes
Foreign awards and judgments
- Enforcement of foreign arbitral awards
- Re-litigating a foreign judgment in Thailand
We act on both sides of a property dispute — for developers and landlords as well as for buyers and tenants.
What we do not act in
We do not act in criminal matters outside the business and regulatory field above. We do not act in matters concerning children, in personal injury, road accident or medical negligence claims, in insurance or banking claims, in neighbour disputes, or for employees against their employer.
Where a matter falls outside our scope, we say so at the first conversation and, where we can, point you to a firm that handles it.
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.
What we do
- Pre-litigation demand letters and without-prejudice negotiation
- Pre-action and court-supervised mediation
- Representation in the civil, criminal and specialised courts, at first instance and on appeal
- Applications and appeals against decisions of Thai government authorities
- Enforcement — seizure orders, account freezes, asset realisation
- Recognition and enforcement of foreign arbitral awards
- Arbitration at TAI or THAC, with co-counsel
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, the claim is 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 0600Enforcement against nominee structures has intensified
Enforcement against nominee shareholding and nominee landholding has intensified across 2025 and 2026. The Department of Business Development, the Department of Special Investigation, the Anti-Money Laundering Office and the Department of Lands are cross-checking company ownership against land titles, and matters reach both the civil and the criminal courts.
Khonsu Legal acts on both sides of this. Where a holding is still intact, restructuring it onto a lawful footing is far better done before a dispute or an audit forces the issue. Where an investigation or a prosecution has already started, we defend the company, its directors and its Thai shareholders, including proceedings under the Foreign Business Act and the Land Code.
Our maintained guide to nominee structures in Thailand sets out who is enforcing what, how the exposure actually arises under each statute, and the lawful routes out. Every figure in it is sourced and dated.
Where your dispute is heard, and why the choice matters
Forum decides cost, timetable and — above all — whether what you win can actually be enforced. It is worth settling early, and where possible before the contract is signed.
- Civil and commercial claims run through three tiers: the Courts of First Instance, the Court of Appeal and the Supreme Court. An appeal to the Supreme Court is generally by leave only, granted on significant points of law rather than as of right.
- Specialised courts hear intellectual property and international trade, labour, tax and bankruptcy matters, each under its own procedure.
- A general 10-year limitation period applies to contract claims under the Civil and Commercial Code, with shorter periods for particular types of claim.
- Proceedings run in Thai, and foreign-language documents must be filed with certified translations.
- 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.
- A foreign arbitral award is enforceable in Thailand under the New York Convention. A foreign court judgment is not — the claim has to be brought again before a Thai court.
We take arbitration at the Thai Arbitration Institute or the Thailand Arbitration Center with co-counsel. Where a contract is still being negotiated, we will tell you which forum we would want to be in if it ever goes wrong.
Frequently asked
Does Khonsu Legal act in shareholder disputes?
Yes. Khonsu Legal represents companies, shareholders and directors in shareholder disputes, deadlock, minority oppression and director liability claims throughout Thailand. We also act in joint venture disputes and in post-completion claims arising from the sale of a business.
Can you appeal a Thai tax assessment?
Yes. A Revenue Department assessment is challenged first by appeal to the Commission of Appeal, and the decision of the Commission can then be taken to the Tax Court. The deadlines are short and run from the date the assessment is served, so send us the notice as soon as it arrives. We also act in customs disputes and in Department of Business Development matters.
Do you act for employers in labour claims?
Yes, for employers only. We defend dismissal and severance claims, and we act in non-compete, confidentiality and trade secret matters and in Labour Department and work permit disputes. We do not act for employees against their employer.
Can you act in a trademark infringement case?
Yes. Khonsu Legal acts in trademark opposition, cancellation and infringement, in copyright, software and content disputes, and in domain name disputes. These claims are heard in the Central Intellectual Property and International Trade Court.
What happens when a nominee arrangement is prosecuted?
Nominee and foreign-ownership arrangements are pursued under the Foreign Business Act and the Land Code, with the Department of Business Development, the Department of Special Investigation, the Anti-Money Laundering Office and the Department of Lands all involved. Khonsu Legal defends the company, its directors and its Thai shareholders, and acts for foreign owners restructuring a holding before enforcement reaches them.
Do you handle divorce and the division of marital property?
Yes, on the property and money side — divorce by consent or contested, division of marital property, enforcement of prenuptial and postnuptial agreements, probate and estate administration, and contested wills. We do not act in matters concerning children.
Do you act for developers and landlords, or only for buyers?
Both. Khonsu Legal acts on both sides of a property dispute — for developers and landlords as well as for buyers and tenants.
Do you take cases outside Phuket?
Yes. Khonsu Legal acts throughout Thailand. We have offices in Phuket and Bangkok, most filings are handled online, and we travel to other provinces when a hearing or an in-person visit requires it.
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.
What does it cost to start a dispute?
Litigation is quoted per matter, never from a price list. We assess the documents, the merits and the realistic recovery first, then quote the work in stages so you can decide how far to take it. Court filing fees are fixed by law and are separate from our fee.
What do you not take?
We do not act in criminal matters outside the business and regulatory field, in matters concerning children, in personal injury, road accident or medical negligence claims, in insurance or banking claims, in neighbour disputes, or for employees against their employer. Where a matter falls outside our scope we say so at the first conversation.
Do you run arbitration?
We advise on the choice of forum, and we act in arbitration at the Thai Arbitration Institute or the Thailand Arbitration Center with co-counsel. We also act on the recognition and enforcement of foreign arbitral awards in Thailand.
Can I sue in English?
Court proceedings are in Thai. We act bilingually — every document is also issued in English for you internally.
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.
Reviewed by the Khonsu Legal team · 26 August 2026
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