Going to court can be a lengthy and expensive process. Dispute Resolution allows parties to reach an agreed settlement quickly and cost effectively.
Watson Farley & Williams has a well-established international dispute resolution practice. Its lawyers advise on domestic and cross-border arbitration matters, as well as litigation, including power and energy disputes, and transport mandates.
Providing integrated expertise across 19 offices worldwide, Watson Farley & Williams specialises in the energy, transport and infrastructure sectors. Its 650+ lawyers work in teams to provide practical, commercially focussed advice on corporate, finance, disputes, real estate, tax and employment matters.
The firm's shipping practice has a strong reputation for ship financing and leasing work, in addition to debt restructuring and insolvency mandates. Partner George Macheras leads the group, which is lauded for its enforcement of ship mortgages and sanction-related advice.
Other highlights include a stellar dispute resolution department. Construction and energy disputes head Rebecca Williams is a 'fighter that clients want in their corner', while Rob Fidoe handles ad hoc and institutional arbitrations under various rules. The team also includes international trade specialists Ratthakarn Boonnua and Kay Kian Tan. The department also covers high-stakes arbitration for investment banks and insurance claims. The firm is noted for its dedication to client care and investing in its attorneys.
Despite being a relatively new alternative, mediation has slowly been gaining ground in Thailand as the benefits of resolving disputes through mediation are widely acknowledged. The mediation system operates independently from the courts and provides a framework for dispute resolution.
In addition, many commercial cases are referred for mediation before being decided by the court. The process is usually faster, cheaper and less hostile than conventional litigation.
In addition, the firm's practice in energy and natural resources draws on a coordinated team of Thai and US lawyers with a strong reputation for advising project owners, sponsors and lenders on a full range of issues. Practice leader Waree Shinsirikul is a noted expert in bankruptcy and rehabilitation proceedings, litigation matters and contentious construction cases. Partner Komson Suntheeraporn handles labour and employment matters, whilst Nathee Silacharoen advises on international trade disputes and domestic and cross-border arbitration cases. The team is rounded out by senior associate Akyn Suttawatanadech who handles real estate-related claims and insurance matters.
Founded in 1990, Siam Premier International Law Office Limited is an independent Thai full service law firm with international capabilities. It advises local and international clients on domestic and cross-border corporate transactions and disputes in Thailand. The firm's practice areas include litigation and dispute resolution, banking, finance and capital markets, insolvency and restructuring, and intellectual property. It also provides legal advisory services on insurance, mining, real property and construction, taxation, projects and energy, and private client matters.
The'strong and experienced' team is jointly led by Kong Suriyamontol, who handles both contentious and non-contentious matters for domestic and international clients, Techatat Udomsiri and Sumit Masrungson. Udomsiri's experience covers major contracts and trade matters, while Masrungson handles employment disputes.
The firm recently advised a UK-headquartered global health insurance company on its THB 17.5 billion 100% share acquisition of a life insurance subsidiary of a SET-listed bank. It also acted for an oil and gas company on its project investments, and assisted a telecommunications group with the sale of its assets.
The team at R & T Asia (Thailand) Limited advises on a range of corporate legal matters in Thailand, from M&A to corporate restructuring. The group regularly handles cross-border transactions and is well placed to leverage its regional network when advising on global deals.
The firm has a solid customs and trade practice led by managing partner and former judge Surasak Vajasit, who advises on a wide range of regulatory issues involving import and export control measures. He has notable experience in representing multinational entities in customs valuation disputes and has handled complex WTO and compliance proceedings.
The practice is also well placed to handle contentious matters, including assisting with investigations by Thai authorities and defending clients in tax litigation. The team is active on high-value inbound and outbound transactions, advising on mergers and acquisitions of both private and public companies. Key clients include Primo World, Leo Global Logistics and Wallenius Wilhelmsen Solutions.
Trade Disputes can be complex and lengthy. However, they do not necessarily need to lead to litigation.
Initiated by the Philippines in 2008, this dispute concerns Thailand’s failure to value Philippine cigarette exports consistent with WTO Customs Valuation Agreement rules. The dispute has already gone through three rounds of panel and Appellate Body proceedings.
Many people avoid litigation because they fear that the legal system will disrupt business relationships, lead to increased costs and lengthen the time it takes to get a resolution. While these concerns are valid, a lack of alternatives may ultimately force you to seek recourse through the courts.
In Thailand, the court is required to schedule hearings to allow witnesses to be questioned and evidence to be presented. The time it takes for a case to be resolved can vary depending on the complexity of the issue and the availability of witnesses.
In most cases where the plaintiff is a foreign person, any documents submitted to the court must be in Thai or translated to Thai. A plaintiff must also pay a court filing fee. If a claim is successful, lawyers’ fees and expenses are normally recoverable from the defendant. However, this is not always the case.
Mediation is encouraged by the Thai courts and reflects Thailand’s culture of peaceful and nonadversarial dispute resolution. Courts can order mediation in civil cases deemed appropriate and with the consent of the parties. Mediation is also available at the appellate level in certain courts such as Family, Labour and IP and IT. It helps to settle disputes in a less adversarial manner and reduces the number of appeal cases filed. However, a mediated settlement agreement cannot be admitted as evidence in court and it is not always easy to enforce.
It is recommended to include an arbitration clause in contracts with a foreign party as it offers a more cost-efficient alternative to litigation, especially for international trade disputes where a settlement can often be reached without the need for a lengthy and costly court case. The arbitration process can be tailored to the specific needs of each party by selecting the arbitrator, the arbitration institute and venue as well as the rules governing the proceedings.
A dispute resolution process in which a third party makes a ruling on the matter. It can be less formal and more cost-effective than court litigation.
In Thailand, arbitration is the most commonly used method of dispute resolution for international trade disputes, as well as construction contracts. Most construction contracts will include a structured dispute resolution clause to account for the various kinds of issues that can arise.
Litigation can be time-consuming and costly for the parties, which is why Thai lawmakers have been working on strategies to encourage more parties to pursue alternative dispute resolution (ADR) options instead of a drawn out court process. One of these is conciliation. In a conciliation, the judge will facilitate a compromise between the conflicting parties by conducting closed-door sessions with each of the disputants. The presiding judge can also appoint an outside mediator to assist with the conciliation. Once a compromise is reached, the parties can choose to enter into an enforceable binding compromise agreement or withdraw the case from the courts.
The attorneys at Siam Legal can help clients understand the law and process of litigation in Thailand. This includes preparing documentation, gathering evidence and representing the client in court. Our team of bilingual Thai lawyers can also guide clients through the steps of arbitration and other alternative dispute resolution methods that can offer more flexibility and less cost compared to court litigation.
Thailand continues to believe that bilateral discussions are the friendlier alternative to litigation, particularly since the Philippines has failed twice in the panel and Appellate Body stages of DS371. As such, it remains committed to its commitment to the WTO dispute settlement system, which requires that WTO Members only resort to recourse to the Dispute Settlement Body (DSB) after exhausting all other means of dispute settlement. This is consistent with the principles of multilateralism and mutual respect that are enshrined in the WTO Agreement on Rules of Origin and Customs Tariffs.
Labor disputes can arise from a variety of issues. Understanding the legal mechanisms available can help avoid potential conflicts and costly disputes.
Employees are primarily protected by Thai labour laws, which serve as public policies that are considered minimum standards for conditions of employment. Understanding these mechanisms will help human resource and compliance personnel to navigate potential challenges in Thailand.
In order to reduce the backlog of court cases, courts throughout Thailand have been incorporating alternative dispute resolution (ADR) practices into their proceedings. ADR is an out-of-court process that involves a neutral third party who helps disputing parties reach a mutually acceptable solution to their disagreements.
ADR includes conciliation, mediation, and arbitration. While each offers unique advantages, the most common type of ADR is conciliation. In conciliation, the neutral third party acts as an active participant in helping the disputing parties communicate and explore interests that may lead to compromise.
ADR is a voluntary and confidential process that is generally less expensive than litigation. ADR also provides the advantage of allowing parties to select their own arbitrators. In addition, Thailand is a signatory to the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards 1958, which makes arbitral awards enforceable in Thailand.
In most cases, labor disputes arise when an employee feels resentment or miscommunication about their working conditions. By establishing high moral standards and treating employees fairly, employers can foster a positive workplace environment and boost productivity rates. In addition, a strong legal system can ensure that employees’ rights are protected in the event of a dispute.
Although the pace of Thailand’s work transition has created a ‘modern’ sector in services and industries, a significant proportion of Thai workers still operate in the informal economy – often without adequate legal protection. Unions play a vital role in enforcing legislated employment laws and providing workers with essential services such as healthcare, family/medical leave, and overtime compensation.
Court-supervised mediation and conciliation are increasingly popular means of resolving labour disputes in Thailand. In fact, the judicial system encourages parties to try these alternatives to litigation before filing their case in court. The conciliation process typically involves the parties sitting down with a neutral mediator to discuss their disagreements and work through a solution.
Most courts require litigants to attempt mediation before proceeding to a trial. Mediation is a process in which the mediator oversees and facilitates communication between parties in order to reach an acceptable resolution to the dispute. The mediator encourages both sides to consider a variety of options and compromises that may be mutually acceptable, including solutions they had not previously considered. Private meetings between the mediator and a single party can be conducted if deemed appropriate to address issues that a party may not feel comfortable discussing with the other party in an open setting.
Labor disputes involving wage claims, hours of work, overtime pay, and relocation of the workplace are common sources of conflict. Taking advantage of the existing alternative dispute resolution channels available in Thailand can help to mitigate these difficulties and avoid lengthy litigation. For this reason, it is important for employers and human resource, compliance, and sustainability staff to be aware of the various mediation options available to them.
Arbitration is a means of resolving labor disputes that involves parties agreeing to select a third party to make a ruling on their dispute. The arbitration proceedings are less formal than a court proceeding and each party has the opportunity to present evidence and answer questions from the arbitrator.
The arbitration system in Thailand is based on the UNCITRAL Model Law. There have been recent changes to the rules that have made it more efficient and effective for the arbitrators. Those changes include the removal of certain procedures that can result in a case being dismissed and simplifying the process for foreign arbitrators to secure a work permit to participate in the proceedings. These changes are a welcome progression towards establishing Thailand as a hub for international arbitration. However, there are still several hindrances that need to be overcome to encourage more companies to include arbitration agreements in their contracts with employees. These include training of the concept of arbitration amongst the lawyers and corporations as well as a greater awareness of the benefits that can be gained by including an arbitration clause in a contract.
Like any other country, Thailand has a judicial system that operates in accordance with the law. If you find yourself in the midst of criminal litigation, a qualified local lawyer can help you work the process to your advantage.
In the case of civil litigation, cases may be filed in the court where the cause of action arises or where the plaintiff resides. In addition to Provincial Courts, the Kingdom has seven Kweang courts which deal with small matters and petty crimes.
The court system in Thailand consists of the courts of first instance, the Courts of Appeal and the Supreme (Dika) Court. Courts of first instance include general courts, juvenile and family courts, and specialized courts.
Cases are considered by a judge, not by a jury. The burden of proof for a criminal case is beyond a reasonable doubt, meaning that the police and prosecutor have a heavy burden to prove a defendant’s guilt.
Civil actions are lawsuits filed for the enforcement or protection of rights, prevention and redress of wrongs. While Thailand is not a common law jurisdiction, precedents set by the Supreme Court are widely followed by lower courts.
While Thailand is a vibrant economy, companies can sometimes run afoul of its laws and find themselves facing criminal litigation. If you find yourself in this situation, it is important to understand the judicial system in Thailand so you can be well prepared.
Generally speaking, it is the court in the district where an offence has been committed, alleged or believed to have been committed that has jurisdiction over a criminal case. The same applies to civil cases.
The judicial system in Thailand includes Courts of First Instance, Courts of Appeal and the Supreme Court. The Supreme Court can reaffirm, dismiss or reverse a lower court’s decision.
As in most countries, the burden of proof in a criminal case is proof beyond reasonable doubt. The burden of proof in a civil dispute is more modest, often requiring only a preponderance of evidence to prove a point.
In the case of defamation, a party must be proved to have been unfairly and falsely harmed in their reputation, credit, earnings or prosperity. In Thailand, a civil lawsuit can also be filed for breach of contract.
Suspects in Thailand have the right to be accompanied by a trusted person, preferably their lawyer, during police interrogations. They may also refuse to make a statement.
Although many people may view plea bargains as an unfair shortcut that denies defendants their right to a fair trial, they are nevertheless firmly entrenched in Thailand’s justice system. The key is to work with a skilled and experienced local attorney from the start of your case so that you have an accurate picture of what to expect.
The judge will then hold a preliminary “investigative” hearing to determine whether the case has sufficient merit to proceed to trial. In the meantime, the police and prosecution will build their case against you.
Deferred adjudication programs typically require that the defendant not commit any additional crimes while they are on probation. In addition, they must also participate in community service or counseling.
Once the police complete their investigation, the public prosecutor will review the file and determine whether to bring the defendant to trial. Any person who has suffered injury from the offense can become a co-plaintiff in the case.
If the court decides to proceed with the trial, a preliminary hearing will be held. The defendant can request witnesses and pieces of evidence to be inspected and examined by the defense attorney.
It is important for a defendant to have the support and expertise of an experienced criminal defense lawyer. This is because the consequences of a guilty or not guilty plea in Thailand can be severe.
In Thai criminal law, it is necessary for a complaint to pass through the police and prosecutors before reaching trial. A court will hold a preliminary "investigative" hearing to determine whether the case has sufficient merit. A judge will decide the case based on a preponderance of evidence. All trials in Thailand are conducted in the native language and all documents must be original, with certain limited exceptions.
The courts in Thailand have broad discretion, and there is no jury system. However, Supreme Court decisions do have significant influence on the lower courts. In addition, the Thai legal system does not allow for plea-bargaining or pleading guilty to a lesser charge.