How
do I file a complaint for a trade dispute?
In
many cases, a complaint must be filed in writing with
the Court of First Instance within the territorial
jurisdiction of the defendant’s residence or
of the location where the cause of action arose. However,
in commercial cases with corporations or other legal
entities that are registered or residing outside of
Thailand, the proper court may be the court of International
Trade and Intellectual Property based in Bangkok.
The complaint must clearly indicate the nature of
the plaintiff’s claims, the damages sought and
the allegations founding such claims. If the plaintiff
does not comply with the court order, the complaint
will be rejected. A complaint may be submitted, whether
or not the defendant is residing in Thailand.
What
happens after my complaint has been received by the
court?
Upon receiving the complaint, the court will issue
a summons to answer together with a copy of the complaint
to be served on the defendant at his residence or
his business office. A defendant not residing in Thailand
may be served at its domicile or business office outside
Thailand.
Within
seven days after filing the complaint, the plaintiff
must file a motion requesting the court to arrange
for the service to be made on the defendant. In the
case where Thailand is not part of an international
agreement, the plaintiff is required to arrange for
a court summons, a copy of complaint, and other necessary
documents to be translated into the official language
of the country where the defendant is residing or
where its business office is located. English may
be used only if a certified translation is provided
simultaneously.
Within
15 days upon the receipt of service, the defendant
is required to file a written answer with the court,
indicating whether he accepts or denies all or part
of the plaintiff’s allegations, and his reasons
for such denial.
Who is liable for the litigation expenses of a trade
dispute?
In
Thailand, the plaintiff is liable for the court fees
(2.5 per cent of the claimed amount but not exceeding
200,000 Baht), payable at the time of filing the complaint.
Generally, each party is responsible for paying his/her
own attorney's fees. Although the losing party bears
the costs of the lawsuit in most cases, the court
does possess discretionary power to decide whether
the winning party or each party shall bear its own
costs.
How long is the litigation process for a trade dispute?
The
time taken for a lawsuit to be resolved could range
from a few months to years, depending on factors such
as the number of parties involved, the complexity
of the case, the lodging of any appeal action and
the availability of the court. Initially, we recommend
approaching the Defendant with a formal demand letter
and in some instances, the Defendant may pay in order
to avoid a costly and possibly, lengthy court battle.
What
if I win my case but the Defendant still refuses to
pay?
The
Thailand Legal System provides for enforcement of
judgments against assets, bank accounts and other
forms of property.
