Thailand is a country of civil laws. There is no jury system, court decisions are made based on analysis of evidence provided by the parties.
Many disputes can be resolved amicably, the injured party, called the 'applicant' finally goes to court after it determines that the dispute can not be resolved without judicial intervention. The applicant, through his lawyer, to file a written complaint with a court of first instance appropriate, clearly stating the nature of the application, the relief sought and the allegations upon which the request is based. The party against whom the case is filed is called the defendant. Many factors are taken into account in filing a civil suit. These include the correct designation of the case, the jurisdiction of the court determining the appropriate parties, etc. Divorces, breach of contract and debt collection are among the most common civil suits in Thailand. When these cases are filed in court, Thai courts still seek one last chance at a settlement. A preliminary hearing is set not only to identify problems but the most important for the possibility of a compromise. In some cases, courts may temporarily adjourn a case if the parties are ready to talk, but they can also accelerate a trial if they find that a compromise is impossible. All legal proceedings must be conducted in Thai, except in certain special courts. Documents created in a foreign language must be translated into Thai. Only original documents are admissible, except in certain cases. The preponderance of evidence is sufficient to prove the allegations of one of the two parties in a civil action. Until a final settlement of the case is reached by the court, the participation of a Thai lawyer is crucial. Not only because the court proceedings are conducted in the mother tongue, but also because there remedies and practices that are atypical for the Thai judicial system. Your lawyer should be able to guide you through the whole process, not only until the trial stage at the Court of First Instance, but possible steps to appeal to the Court of Appeal and Supreme Court.
Foreign transactions in Thailand had increased rapidly in recent years. Businesses and individuals have found their places in the Thai system. This inevitably led to increased disputes in the country. Thais are known to be non-litigious people. However, the influx of foreign residents has angered the Thai judicial system. Faced with each legal controversy, foreigners are advised to obtain the services of a Thai lawyer. For all legal process, including arbitration proceedings, are made in the mother tongue. The reports to be submitted to judicial organs are also Thai. And as in most countries, only lawyers who are members of the local bar are allowed to appear in court and other legal bodies. JPK Counsel has a team of professionals that offers a dispute resolution service in the following practice areas :