Local and cross-border transactions are fraught with conflicting laws, complexities, and variables. When legal conflicts arise and the parties seek redress through alternative dispute resolution, it is important to clearly define and select the most efficient mechanism available. To assist in this process, Getting the Deal Through has published a multi-jurisdictional guide to dispute resolution in 45 countries worldwide. The Thailand chapter, written by Thawat Damsa-ard and Noppramart Thammateeradaycho of Tilleke & Gibbins, covers the following key aspects:
- The Court System: Types of courts, the role of judge and jury, time limits prescribed by the Civil and Commercial Code, and pre-action considerations with particular attention to mortgages, rescission of contract, hire of property, and suretyship.
- Litigation: Starting proceedings, timetable for civil claims, case management, and evidence as it relates to documents, privilege, pretrial, and trial.
- Remedies and Enforcement: Interim remedies, substantive remedies (e.g. monetary remedies or permanent injunctions), means of enforcement available to parties, and the process and availability of appeal.
- Costs: Court’s power to order costs, funding arrangements, and insurance coverage.
- Foreign Proceedings: Foreign judgments, enforceability, and procedures for obtaining evidence to use in civil proceedings in other jurisdictions.
- Arbitration: Arbitration law, procedures, requirements for an arbitration agreement to be enforced, restrictions on choice or amount of arbitrators, restrictions on the right to challenge the appointment of an arbitrator, how and when courts can intervene, and interim relief.
- Concluding Arbitration: Awards, grounds of appeal , enforcement of foreign and domestic awards and the procedures for doing so, and costs.
- Alternative Dispute Resolution (ADR): Types of ADR and requirements for parties to consider prior to issuing proceedings.
Getting the Deal Through – Dispute Resolution is one volume in 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 2013 (published in July 2013; contributing editor: Simon Bushell, Latham & Watkins). For further information please visit www.GettingTheDealThrough.com.