Arbitration and mediation

Parties may choose foreign governing law in a contract with an international element, provided the choice does not contravene public order or good morals. When enforcing in Thailand, the party relying on foreign law bears the burden of proving its content to the Thai court. In practice, where the assets and counterparty sit in Thailand, Thai-seated arbitration or the Thai courts usually enforce faster.

General claims with no specific period prescribe in ten years under section 193/30. Tort claims prescribe one year from when the injured person knew of the wrongful act and the identity of the person liable, and in any case ten years from the act, under section 448. Certain wage and arrears claims prescribe in two years under section 193/34. Assess prescription before entering negotiations, because delay can extinguish the claim.

Yes. Under the Arbitration Act B.E. 2545, where the parties have agreed to arbitrate and one party nevertheless sues, the other may apply to the court to strike the case out so the dispute goes to arbitration. The clause should specify the institution, the number of arbitrators, the seat and the language — otherwise the parties spend time litigating procedure before reaching the merits.

Two are commonly used: the Thailand Arbitration Center (THAC), a public organisation established by its own statute, and the Thai Arbitration Institute (TAI) under the Office of the Judiciary. Both publish rules, fee schedules and arbitrator lists on their websites. Cross-border parties may also choose a foreign institution, but should weigh the steps needed to enforce the award in Thailand.

Yes. Thailand is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, implemented through the Arbitration Act B.E. 2545. The successful party petitions the court with jurisdiction within three years from the date the award becomes enforceable, filing the original award and arbitration agreement with certified Thai translations. Refusal is limited to the narrow statutory grounds.

The Dispute Mediation Act B.E. 2562 allows out-of-court mediation of civil and certain criminal disputes, and the courts operate pre-litigation mediation under section 20 ter of the Civil Procedure Code. It is faster and cheaper and preserves commercial relationships. A settlement reached in court-annexed mediation can be entered as a judgment by compromise, giving it the same enforceability as a judgment.

Lodge a complaint with the inquiry official at the police station for the locality where the offence occurred, with evidence: transfer slips, chat records, contracts and destination account details. Online-crime cases can also be reported through the government's online crime response centre. Obtain a copy of the daily record, and check that it records a complaint requesting prosecution rather than a mere memorandum of facts.

It depends on the recipient. Thai authorities generally accept a translation signed and certified by the translator with contact details. For legalisation at the Department of Consular Affairs, the translation must match the original line by line in the format the Legalisation Division accepts. For use abroad, some countries require a translator registered locally — sworn translators in Europe, or NAATI-credentialled translators for Australia. Confirm the recipient's requirement before translation begins.

The general rule is ten years from when the claim became enforceable, with many exceptions: tort claims run one year from knowledge of the act and the liable party (and no more than ten years from the act), merchants' claims for goods run two years, and certain wage claims run two years. Once time expires the debt survives but cannot be enforced — check limitation before agreeing to any extension of payment.

Generally yes. Choice-of-law and arbitration agreements are recognized, and as a New York Convention party Thailand enforces foreign arbitral awards through a court application. Courts will not enforce terms contrary to public order or good morals, and matters reserved to Thai jurisdiction — land rights, for example — must still be handled here.

No. Thailand has no general regime for recognizing foreign judgments, so the winning party must sue afresh in a Thai court on the underlying facts, using the legalized and translated foreign judgment as key evidence. Foreign arbitral awards are different — they are enforceable under the New York Convention. This distinction should drive your dispute-resolution clause at drafting stage.

Court fees in monetary claims are a percentage of the claim value subject to a statutory cap; non-monetary claims carry fixed fees. Lawyers' fees are freely agreed — fixed per case, hourly, or partly contingent in some matters. The losing party may be ordered to pay costs, but the attorney fee the court awards is usually far below actual fees, so never budget on full recovery.

Mediation saves substantial time and cost: a first-instance civil case commonly runs many months to over a year, and appeals extend it further. A settlement recorded and endorsed through the court mediation centre is enforceable, giving both sides certainty instead of judgment risk. For commercial disputes where the relationship matters, it is usually the best-value route.

Leases of immovable property over three years must be registered or they are enforceable for only three years. The security deposit must be returned at the end of the term, with deductions limited to damage the landlord can actually prove — not fair wear and tear. Move-in and move-out photographs, a condition report and payment records decide these cases; smaller claims usually resolve faster through mediation or the small-claims track.

Report to the police and obtain the daily record confirming the facts, then claim initial medical costs under the compulsory motor insurance and the balance from the at-fault party's voluntary policy. If no settlement is reached, file a tort claim — limitation is one year from knowledge of the act and the liable person. Keep medical receipts, medical certificates, proof of lost income and scene photographs.

A passport belongs to the issuing state and stays in the holder's possession; a private party has no legal power to retain it as leverage. Send a written demand, keep records of all contact, and if it is still withheld, file a police report and notify your embassy. Where it is linked to forced labour, considerably more serious criminal offences may apply.

Speed decides everything. Call your bank immediately to request a freeze on the recipient account, then file an online report with the Cyber Crime police to obtain the report number the bank needs. Preserve every piece of evidence: transfer slips, chat history, account number and name, and related links. Banks may suspend suspicious transactions, but recovery odds fall sharply after the first few hours.

Small claims below the statutory threshold follow a summary, low-cost procedure. Consumer cases are deliberately claimant-friendly: filing fees are exempt, case officers help draft the complaint, and the business bears the burden of proof on certain facts. Foreign consumers in Thailand can use this track, and it typically resolves far faster than an ordinary civil action.

Once the judgment is final and the debtor does not comply, the creditor obtains a writ of execution and opens a file with the Legal Execution Department to seize or garnish assets. The creditor must locate the assets — bank accounts, salary, land, shares. Timelines depend on whether attachable assets exist, and public auctions can take months. Enforcement must be commenced within ten years of the judgment becoming final.

Generally no. Thailand has no statute providing direct recognition and enforcement of foreign court judgments, so the successful party normally files a fresh case in a Thai court and uses the foreign judgment as evidence. Foreign arbitral awards are different: Thailand is a party to the New York Convention and has domestic legislation supporting enforcement, which is why many cross-border contracts choose arbitration instead of foreign court jurisdiction.

These are approximate ranges only and vary widely with case type, complexity, witness numbers, and each court's caseload. A first-instance civil case commonly takes roughly one to two years, with appeal and Supreme Court stages adding further years. Small claims or successfully mediated matters can conclude within months. No one can guarantee an outcome or a fixed timetable, so keep a negotiated settlement track running in parallel with litigation.

Under the approach applied in Thailand, a foreign judgment is not automatically enforceable. A party usually has to bring a fresh action before a Thai court, using the foreign judgment as significant evidence. Steps: obtain a certified copy from the originating court, complete the certification chain and a certified Thai translation, then file in the correct jurisdiction. Limitation on the underlying obligation and jurisdictional objections are the usual obstacles, so assess prospects and cost with counsel first.

Treat them as two separate clauses: the governing law of the contract, and the dispute forum (Thai courts, a foreign court, or arbitration). Before drafting, collect both parties' company certificates, evidence of signing authority, identity documents of the signatories and the agreed commercial terms. Then fix the law and forum, draft a bilingual version stating which language prevails, verify signing authority, and sign, with signature certification if the receiving side requires it. Note that Thailand has no automatic recognition of foreign court judgments, so choosing a foreign court does not guarantee enforcement here; arbitration is often the more enforceable choice. We advise on the structure and prepare the certification set in one pass.

Mediation is faster, cheaper and preserves the relationship, but binds the parties only once a settlement agreement is signed. Litigation produces an enforceable judgment but takes longer and is more public. The routes combine: Thai courts operate in-court mediation, and if the parties settle, the court issues a judgment by consent that is enforceable like any judgment. Practically, negotiate first where the counterparty has visible assets and admits the debt, always in writing. Where there is a risk of assets being moved, consider provisional measures alongside filing.

Not automatically. Thailand has no procedure that makes a foreign judgment immediately enforceable. A claimant normally files a fresh action in a Thai court and uses the foreign judgment as strong evidence. The bundle usually includes a certified copy of the judgment, a certificate that it is final, international certification by apostille or embassy route, and a Thai translation certified by the Department of Consular Affairs. Take legal advice first on limitation periods and the cause of action.

At the district office of registered domicile, using the identity card, house registration, and witnesses as the registrar requires. It is then translated into the destination language, the translation certified by the Department of Consular Affairs, and processed by apostille or embassy route as applicable. These certificates usually have a short acceptance window, so request one close to the time of use.