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​ 

November 15, 2024
Vietnam’s new Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (“Decree 147”), which will come into effect on December 25, 2024, replacing Decree No. 72/2013/ND-CP (“Decree 72”), introduces several changes to the regime for domain name dispute resolution. The new decree aims to clarify the legal framework and address some longstanding inconsistencies between Vietnam’s laws on intellectual property and information technology. The main changes related to domain name dispute resolution under Decree 147 are summarized below. Removal of Prescriptive Actions Decree 147 no longer lists specific actions for resolving domain name disputes. Decree 72 had outlined three methods: negotiation/mediation, arbitration, and court. However, IP practitioners had long criticized this approach, arguing it conflicted with the IP Law, which additionally allows administrative action. By omitting these methods, the new decree implies an acceptance of administrative action as provided in the IP Law. However, Decree 147 remains silent on establishing a dispute resolution forum aligned with the CPTPP’s requirement for a UDRP-like model. Currently, Vietnam’s available forums do not fully conform to the UDRP framework. An anticipated circular may provide further guidance on this aspect. Deactivation of Domain Names Decree 72 does not have any provision on the deactivation of a domain name. However, Decree 147 has stipulated some situations where domain names will be deactivated, such as when there is a request from an authority, or when it is discovered that incorrect information was used for registration. Clearer Criteria for Dispute Resolution Article 16 of Decree 147 sets out three clear criteria that must be met for domain name dispute resolution to proceed: (i) confusing similarity with the plaintiff’s trademark, trade name, or personal name; (ii) the defendant’s lack of legitimate rights or interests in the domain name; and (iii) bad faith. Previously,
Read More
October 21, 2024
Thailand’s Central Intellectual Property and International Trade (IP&IT) Court has delivered a favorable ruling for Sumitomo Rubber Industries, Ltd., a major player in the tire manufacturing industry, regarding the registration of its motorcycle tire design patent. In this case, Tilleke & Gibbins represented Sumitomo in successfully advocating for recognition of the unique design elements in the company’s motorcycle tire products. Case Overview The case revolved around Sumitomo’s two design patent applications for motorcycle tire designs, which were initially rejected by the Department of Intellectual Property (DIP) on the grounds that they were similar to prior art. Based on an examination of the design elements, primarily focusing on the tire tread patterns, the DIP’s Patent Board had concluded that Sumitomo’s designs were not sufficiently unique to warrant patent protection, as the tread patterns of the new designs were deemed too similar to one found in prior art for tire products. In response, Tilleke & Gibbins filed a complaint with the IP&IT Court on behalf of Sumitomo, seeking a revocation of the Patent Board’s decision and requesting that the court compel the DIP, as the defendant, to proceed with the registration of Sumitomo’s design patents. The complaint emphasized that the designs were novel and distinct, warranting patent protection under Thai law. Legal Strategy The firm’s legal argument focused on the interpretation of Thai patent law, particularly regarding the protection of a product’s external appearance, and emphasized that the determination of a design’s novelty must consider the product’s overall appearance rather than isolating individual features. This approach is consistent with international guidelines on design patents, which require the evaluation of novelty and distinctiveness based on how an informed user would perceive the design as a whole. While Sumitomo’s tire tread patterns may share some superficial similarities to existing designs, the overall impression
Read More
October 2, 2024
As Thailand is a contracting state of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards, international arbitral awards can, in principle, be enforced in Thailand. However, not all awards will necessarily be enforceable. The Arbitration Act BE 2545 (2002) gives courts the discretion to deny the enforcement of an award if the court determines that enforcing it would be contrary to “public order or the good morals of the people” (often referred to as “public policy”). Similarly, the Arbitration Act allows a court to set aside a domestic award if its recognition would violate public policy. This discretionary power of the court is prescribed by the law and does not require any party to make an argument on public policy grounds to trigger such power. A recent Supreme Court judgment demonstrates that a court considering an award will review the legality of the arbitral proceedings as well as the content of the award. In this case, the Supreme Court set aside an award on the grounds that it violated public policy because it was the result of arbitration that did not proceed in accordance with the relevant law. Under Thai bankruptcy law, after the Bankruptcy Court accepts a request for rehabilitation of a debtor, all civil proceedings against that debtor, including arbitration proceedings, must be stayed until the court orders otherwise or until the rehabilitation case ceases. In this matter before the Supreme Court, however, the arbitrator continued with the arbitration and went on to render an award even after the court had accepted the request for rehabilitation. The award was later challenged to be set aside on the grounds that continuing with the arbitration was against public policy. While setting aside the award was arguably unnecessary, in this case (as the relevant bankruptcy law
Read More
October 1, 2024
Three of Tilleke & Gibbins’ labor and employment specialists in Vietnam have contributed the Vietnam chapter to the newly issued Labor and Employment Disputes 2024, a comprehensive guide from Lexology Panoramic to labor and employment dispute resolution in various jurisdictions around the world. The Vietnam chapter covers the following topics: Pre-action considerations: Key requirements, third-party funding, contingency fee arrangements Issuing a claim: Forum, territorial jurisdiction, standing, commencing claims, fees, service Defendants and legal personality: Types of claims, time limits, counterclaims Case management: Procedure, rules, amendments to claims, adding parties to proceedings, consolidating proceedings Class and collective actions: Special considerations Evidence: Witnesses, tactical considerations Interim relief: Availability, requirements Trial: Hearings conduct and typical time frames, confidentiality and public access, media reporting Elements of successful claims and burden of proof Alternative dispute resolution: Available types, requirements and expectations Enforcement: Collective employment and labor rights, enforcement of collective rights, standing Remedies and enforcement: Available remedies, assessing compensation, enforcement mechanisms Appeals: Appeal procedure and time frames, other means of challenge Update and trends: Recent cases and developments, technology developments, other issues The Vietnam chapter was authored by Truc Thi Thanh, Linh Ngoc Nguyen, and Kien Trung Trinh. Tilleke & Gibbins also contributed the Cambodia and Thailand chapters to Labor and Employment Disputes 2024.
Read More