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April 19, 2011

Dispute Resolution

Bangkok Post, Corporate Counsellor Column

At the outset of a new business venture or collaboration, the primary focus of most managers is on effectively running and promoting the business. Few people anticipate disputes and, even when difficulties are encountered, litigation is usually the last resort. In fact, many parties to a dispute try to avoid the litigation process altogether, fearing that involving the Thai courts will lead to a disruption of their commercial relationships, incur unnecessary legal expenses, and will prolong the time for resolving the dispute. Although some of these concerns are reasonable, litigation often presents the most effective manner of relief, particularly where one party maintains an intractable or uncooperative position. For parties contemplating litigation, it is comforting to know that the Thai court system is generally accessible, unbiased, and is a balanced mechanism for resolving commercial disputes. This article highlights important procedural elements of litigation in Thailand.