You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

May 21, 2020

Thai Courts Adjust Case Management Procedures for the COVID-19 Crisis

Subscribe to Updates

The Thai judiciary has issued multiple measures and guidelines for case management during the COVID-19 outbreak. The latest came in May 2020, when the president of the Supreme Court issued further details and guidance on the handling of cases during the COVID-19 outbreak in an official announcement titled Measures for Case Management according to the Declaration of an Emergency Situation between March 26, 2020, and April 30, 2020, in all areas of the Kingdom of Thailand.

This announcement generally confirmed and extended previous guidelines issued to provide direction on the management of cases in the Thai judicial system. The Thai judiciary first responded to the crisis on March 24, 2020, when they announced postponement of various hearings and set forth guidelines for relevant parties. The president of the Supreme Court gave greater details in measures issued on April 2, and on April 23, 2020, the newly formed Sub-Committee for Education, Follow-Up and Finding Solutions for Case Management during the COVID-19 Outbreak issued further guidelines regarding the management and postponement of cases between May 1 and May 30, 2020. This article discusses the items detailed in these measures.

Scheduling of Postponed and New Hearings

According to the April 23 guidelines, parties to cases with hearings that are postponed to June 1–30, 2020, should coordinate with the relevant court officer by submitting a signed confirmation of the new hearing date by mail, electronic media, or other method. In instances where the officer is unable to contact or otherwise coordinate with a party, the officer will send a summons by registered mail with a receipt.

Specific Procedural Contingencies

The sub-committee’s April 23 guidelines also detail how to handle some specific circumstances that may arise by grouping cases into three different categories. The first, “special management cases,” covers those which involve uncomplicated civil matters that can be completed relatively quickly (such as cases with no answer, or highly specific complaints that can be simply enforced), as well as criminal cases in the preliminary hearing stage and in which the plaintiff is a Thai citizen. The second category is “general cases,” which includes more complicated civil cases, such as where the defendant has responded denying the complaint; prima facie criminal cases; and criminal cases in which the prosecutor is the plaintiff. The third category is “special general cases,” which are general cases with an especially significant amount of evidence requiring extended consideration.

Criminal special management cases that can proceed in court include witness examination hearings where the defendant pleads guilty, and evidence inspection hearings where the defendant is detained in custody. However, the court will have to consider the number of cases, the people involved, and the robustness of the videoconferencing system connecting the court and the prison or other detention center, in accordance with the Judicial Regulation on the Procedure of Criminal Cases.

As for civil special management cases that can proceed in court, these include matters such as probate hearings, hearings to declare a person disappeared, hearings to appoint guardians for a juvenile, and other cases where the judge believes postponement would result in damage to the parties. The court will also need to exercise discretion regarding the safety of relevant people, whether postponement would be a viable alternative, and each party’s consent.

For special management cases, newly filed complaints will be scheduled for August–September 2020, depending on the number of cases, and are to be scheduled after the postponed hearings of April and May 2020. The relevant court officer will send the necessary summons, to inform parties of the scheduled hearings, by registered mail requiring a receipt.

General cases and special general cases that can proceed include hearings in criminal cases where the defendant is in custody, hearings in which a party is ready to present witnesses, hearings where the judge believes that the safety of the relevant persons will not be impacted, and hearings where the judge believes postponement would result in damage to either or both parties. Here again, the parties’ consent will be taken into consideration.

An example of a general or special general case requiring judicial discretion would be a hearing in which there is only one witness left to present. The judge will consider circumstances such as the potential impact of postponement, or of proceeding without delay, and may choose whether to postpone any hearings scheduled to be held between May 1 and May 30, 2020, with approval from the chief justice or chief judge.

For judgment hearings in criminal cases that were held between May 1 and May 30, 2020, the judgment will be read as scheduled, regardless of whether all defendants have been granted temporary release or remain in custody. However, if the judge believes the hearing will not be safe for those involved, the judge may use his or her discretion in choosing whether to postpone the judgement hearings. Also in criminal cases, any review to consider granting temporary release will be carried out in accordance with the April 2 case management guidelines issued by the president of the Supreme Court. 

Judgment hearings scheduled to be held between May 1 and May 30, 2020, will likewise be held according to the further details and guidance provided by the president of the Supreme Court in the measures announced on April 2. These guidelines also apply to cases where the judge needs to review petitions for extension of a deadline to submit an appeal (or final appeal) that falls between May 1 and May 30, 2020.

Staying the Course

The COVID-19 outbreak has been an obstacle to the smooth continuation of judicial proceedings in Thailand, but the courts have shown that they have the resources and adaptability to handle the extraordinary circumstances. While the impacts of this unprecedented situation reverberate through the economic, social, and business spheres, it is important that companies and other parties to litigation or judicial actions maintain a steady strategy, adapting where needed and standing firm when circumstance allow. To ensure that the most effective and economical choices are being taken at this time, businesses should consult with their legal counsel before choosing a course of action regarding ongoing or upcoming litigation.

Download Full Article
Related Professionals

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

August 11, 2026
Cambodia’s Ministry of Justice has launched a new platform on its official website to publish notices of forced sales issued by each municipal and provincial court of first instance. The platform’s stated purpose is to inform the public and facilitate greater participation in forced-sale auctions conducted in connection with court-ordered enforcement proceedings. How the Platform Works The platform publishes forced-sale notices from courts of first instance across Cambodia’s municipalities and provinces and includes a link where the public can view properties currently subject to forced sale. To participate in a forced-sale auction, individuals can download Khmer-language bidding application forms through links provided on the platform. The form typically requires the applicant’s name, sex, year of birth, identity card number and issue date, and address, together with details identifying the immovable property (including its ownership certificate number), the relevant enforcement case number and date, and the reference to the public auction or tender announcement issued by the court. Completed application forms must be submitted directly to the specific municipal or provincial court that issued the forced sale. For further inquiries about a particular forced sale, interested parties should likewise contact the relevant municipal or provincial court. Forced Sale of Immovable Property in Cambodia The publication of these notices relates to the forced sale procedure for immovable property under Cambodia’s Code of Civil Procedure (CPC). Unlike property seizure by a court, a forced sale is a compulsory execution proceeding—a subsequent enforcement step that arises only after an underlying dispute has been adjudicated and a debtor fails to pay the debt or outstanding amount due under a final and binding judgment or other enforceable title of execution. For the purposes of this procedure, the term “immovable property” under the CPC refers to land, registered buildings, jointly held shares of such property, registered
Read More
August 6, 2026
Every month, VAT-registered businesses in Thailand calculate their output and input VAT and file a return to pay the net amount due or claim a refund. Yet a common and costly dispute arises when a business that has paid input VAT to its supplier—and done everything asked of it—later finds that input VAT rejected on the grounds that the tax invoice was issued by “a person not entitled to issue tax invoices.” In these cases, a buyer may have confirmed the supplier’s VAT registration on the Revenue Department’s website, paid through the banking system, received a complete tax invoice, and kept full payment and inventory records. Even so, if the Revenue Department later determines that the supplier did not genuinely make the sale or collected the VAT without remitting it, the department can disallow the input VAT and assess additional tax, surcharge, and penalty—often more than a year after the transaction. A new article from tax and dispute resolution specialists at Tilleke & Gibbins in Bangkok examines how the Revenue Department and the courts approach these disputes, including two recent Supreme Court (Tax Division) decisions confirming that the taxpayer bears the burden of proving a supplier genuinely sold and delivered the goods and received payment. It considers why the VAT registration system offers no legal safe harbor, why the evidentiary burden falls hardest on online and cross-border transactions where buyers and sellers never meet, and how the Revenue Department’s own digital infrastructure could detect non-remitting suppliers at the source rather than shifting the loss to good-faith buyers. The article also sets out practical guidance: how to build a comprehensive “know-your-supplier” file at the time of a transaction, the procedural steps and strict deadlines for challenging a VAT assessment, and why dispute readiness belongs alongside tax planning at the center
Read More
June 29, 2026
Thailand’s cabinet has approved the draft Act on Liability for Defective Goods, commonly called Thailand’s “Lemon Law.” The Draft Act is currently pending consideration by Parliament. The draft law aims to strengthen buyers’ position in pursuing cases against sellers. While the Civil and Commercial Code offers provisions governing liability for defective goods, it is difficult in practice for buyers to successfully make a claim against sellers, particularly where defects are latent and not discoverable at the time of sale or delivery. By introducing product-specific rules and clearer remedies, the new law is intended to modernize Thailand’s consumer protection framework and align it more closely with international standards, and to help relieve the buyer’s burden of proof against the seller in product liability cases. If enacted, the draft act will take effect 180 days after publication in the Government Gazette, giving businesses a transition period to assess their compliance obligations. This article provides an overview of the key provisions of the draft act and highlights some practical considerations for businesses operating in Thailand. Scope and Key Definitions The draft act applies to sellers—defined as persons who sell goods in the ordinary course of business—and protects buyers, a term defined broadly to include not just the original purchaser but also transferees and successors in title. This expands the class of people who can bring claims. The law does not apply to used goods, live animals, or goods exempted by future ministerial regulation. It also leaves intact any separate warranties, promises, advertisements, or other guarantees a seller has given; those remain enforceable alongside the new statutory rights. General Liability for Defective Goods Sellers are liable for defects that exist at the time of delivery, regardless of whether the seller knew about them. Liability arises where a defect reduces: The benefit intended under
Read More
June 22, 2026
Arbitrator independence and impartiality form the cornerstone of a legitimate arbitral process. Under section 19 of the Thai Arbitration Act B.E. 2545 (2002), prospective arbitrators must disclose circumstances likely to give rise to justifiable doubts as to their impartiality or independence, and existing arbitrators must do so throughout proceedings. This mirrors article 12 of the UNCITRAL Model Law. Yet despite this clear mandate, practical implementation varies significantly across Thailand’s arbitration landscape. Background Thailand’s two principal arbitration institutions, the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC), both maintain procedures for addressing arbitrator challenges and require compliance with the statutory disclosure obligation. Under both sets of rules, any party wishing to challenge an arbitrator must submit a challenge application within fifteen days of becoming aware of the relevant facts, and a committee is appointed to consider the matter on a case-by-case basis. The TAI additionally prescribes its Code of Ethics and Conduct for Arbitrators to further emphasize the expectation of impartiality and transparency. However, Thailand’s arbitration ecosystem extends well beyond the TAI and THAC. Several sector-specific institutions also administer arbitral proceedings, including the Thai Commercial Arbitration Office under the Board of Trade of Thailand, the Arbitration Centre of the Office of the Insurance Commission, the Arbitration Centre of the Securities and Exchange Commission, the Office for the Prevention and Resolution of Disputes regarding Intellectual Property, and the Arbitration Centre of the Thai General Insurance Association. These institutions each operate under their own procedural rules, which were developed to serve particular industries and dispute profiles. The procedural mechanisms for securing and documenting an independence declaration are not uniformly established across these forums. Consequences of Procedural Inconsistency This creates a notable gap. Not all arbitration bodies have a formalized procedure requiring written independence statements before proceedings commence. Some tribunals proceed
Read More