Civil and Criminal Cases in Thailand

Civil and criminal cases in Thailand are determined by a judge, not by a jury. The law does not allow for plea bargaining, and a judge may pass judgment without evidence.

Several other courts have been established to alleviate the burden on the Criminal Court, including the Court of Appeals and Specialized Courts. However, these courts do not have the same jurisdiction as the Supreme Court.

Disputes involving contracts

The majority of business-related disputes in Thailand arise from breach of contract. These include disputes arising from debt collection, service and labor agreements, and loan agreements. A prevailing party in a breach of contract case may be entitled to damages, specific performance, or rescission.

It is important for parties to understand the nuances of contracts and the remedies available in the event of a breach. Additionally, it is imperative that a contractual agreement includes clear and comprehensive terms. This can help prevent disputes and ensure that your company is protected from potential risks.

In the banking, finance, and technology industries, arbitration is preferred over litigation to resolve disputes. This is due to the need for speed and cost-efficiency. However, the Thai court system does not permit depositions or interrogatories. In addition, foreign judgments have a low evidentiary value and are only enforced at the discretion of the courts. Nevertheless, the prevailing party in a civil dispute is usually awarded attorneys’ fees, which are calculated at a lower rate than market rates.

Disputes involving property

In Thailand, property disputes are dealt with by the civil courts. Civil cases are brought by a private person who claims a loss or breach of duty. The judgment binds only the parties to the case. The prevailing party may claim attorneys’ fees. However, these fees are at a court rate which is much lower than the market rate.

In criminal cases, a suspect becomes a defendant after the public prosecutor files a complaint against him or her. The prosecution has the burden to prove the accused’s guilt. A suspect can request bail, but it is rarely granted.

The trial in a criminal case is conducted by the judges only, not by a jury. The defendant can also submit the dispute to arbitration and the court will give judgment in accordance with the arbitral award. Moreover, the court has the power to disjoinder several claims at its discretion or on an interested party’s request. Thailand has established specialized courts for commercial disputes, including intellectual property and international trade.

Disputes involving insurance

Disputes involving insurance in Thailand are handled by the Court of Justice. This body includes the Supreme Court, Court of Appeal and Courts of First Instance. The Court of Justice has taken several measures to improve case handling efficiency. These include the following: increased availability of courts; a commitment to promote alternative dispute resolution as a diversionary measure; and an emphasis on human rights protection.

The Court of Justice is also concerned with the human rights of foreign nationals, and Thai law guarantees these rights in all proceedings. In addition, the Court of Justice is a signatory to the 1958 New York Convention on the Enforcement of Arbitral Awards, which ensures the enforcement of arbitration awards in other countries.

Chandler MHM’s litigation team has extensive experience representing local and international clients in all types of commercial disputes and regulatory matters in Thailand. This includes arbitration under ICC and SIAC rules as well as commercial, construction, employment and insurance matters.

Disputes involving intellectual property

In Thailand, intellectual property infringement is a major problem. Counterfeiting of pharmaceutical products, luxury goods, electronics, spare parts, toys, and even food is common. This creates economic losses for brand owners and poses health risks for consumers. In order to protect your intellectual property, you should consider hiring a lawyer in Thailand.

The Central Intellectual Property and International Trade Court is a specialized court that adjudicates cases involving intellectual property. It also helps prevent counterfeiting of products and services and supports innovation in the country. In addition, it is a signatory to international treaties that protect patents and trademarks.

If someone infringes on your intellectual property, you can file a civil lawsuit. This will allow you to obtain a permanent injunction and claim damages. You can also sue for a trade secret violation if another company steals important information such as client databases or procedures. The most effective way to protect your intellectual property is to register it.