Transactions, both local and cross-border, now introduce a host of conflicting laws, complexities, and variables. It is important to draw a clear picture of the different mechanisms of dispute resolution available within the relevant jurisdiction, and facilitate the process of choosing the most efficient method. Getting the Deal Through has published a multi-jurisdictional guide to dispute resolution in 47 countries worldwide. The Thailand chapter, written by Thawat Damsa-ard and Noppramart Thammateeradaycho of Tilleke & Gibbins, covers the following key aspects:
- A general overview: the court system and the different types of courts, the role of the judge and jury in civil proceedings, any time limits prescribed by the Civil and Commercial Code, any pre-action considerations with particular attention to mortgage claims, rescission of a contract, the hiring of property, and suretyship.
- Litigation: the process of commencing civil proceedings, the typical timetable for a civil claim, case management options in Thailand, and the laws governing evidence; the duty to preserve documents and how to transfer in risks of damage, the availability of document privilege, and the handling of evidence both before and during the trial.
- Remedies and enforcement: any interim remedies available, other substantive remedies available (e.g. monetary remedies or permanent injunctions), the means of enforcement available to parties, and the process and availability of appeal.
- Costs: the extent of power and discretion of the courts to order costs, funding arrangements available to parties, and insurance coverage.
- Foreign proceedings: the extent to which Thailand recognizes foreign judgments, how to enforce them, and the procedures for obtaining evidence to use in civil proceedings in other jurisdictions bearing in mind that Thailand is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970.
- Arbitration: a general overview of arbitration law and procedures in Thailand and how much it is modeled on UNCITRAL, the formal requirements for an arbitration agreement to be enforced, any restrictions on the choice or amount of arbitrators, restrictions on the right to challenge the appointment of the arbitrator, how and when the courts can intervene.
- Concluding arbitration: the forms of awards issues, on what grounds appeal is available to the party, how to enforce both foreign and domestic awards and the procedures for doing so, and whether the successful party can recover costs.
- Alternative dispute resolution (ADR): the types of ADR available in Thailand and any requirements for parties to consider prior to issuing proceedings.
Getting the Deal Through – Dispute Resolution is one volume is a series of annual reports, all of which provide analysis of key areas of the law globally for corporate counsel and legal practitioners.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Dispute Resolution 2012 (published in June 2012; contributing editor: Simon Bushell, Herbert Smith LLP). For further information please visit www.GettingTheDealThrough.com