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

March 25, 2020

Thai Judicial Authorities Announce Hearing Postponements amid COVID19 Outbreak

Subscribe to Updates

In an effort to help stem the COVID 19 virus outbreak in Thailand, the nation’s chief judicial authorities have ordered the postponement of most court hearings until the end of May 2020. In a resolution issued by the Judicial Administrative Commission (JAC) and an announcement by the President of the Supreme Court (the “Announcement”), all courts of first instance (i.e. trial-level courts) must set new dates for hearings that are currently scheduled between March 24 and May 31. 

Exceptions 

There are exceptions to the postponement requirement, including the following:

  • Witness examination hearings in criminal cases where the defendant pleads guilty or the defendant is in the court’s custody (without bail)
  • Evidence inspection hearings in criminal cases
  • Probate hearings
  • Hearings for declaring a person disappeared
  • Hearings to appoint guardians for a juvenile  
  • The Announcement also allows a judge to keep a hearing at its scheduled date if the parties consent and a postponement would result in damages to the parties. With that in mind, if the judge is of the opinion that holding the hearing would jeopardize health and safety, or if the number of attendees at the hearing is high, the judge has the full authority to not conduct the hearing.  

For practical purposes, litigants should check with the court to confirm if their hearing has been rescheduled. 

Appellate Courts 

Although the Announcement only mentions hearings scheduled by courts of first instance, in practice, appellate-level hearings would also be rescheduled. Under the Thai system, the Appeal Court and Supreme Court do not carry out their own hearings. Instead, the courts of first instance conduct the hearings, but only as ordered by the appellate court. For example, an Appeal Court or Supreme Court judgment would be read by the court of first instance in the case. As a result, these hearings would be postponed. 

Foreign Parties/Witnesses

At present, due to the COVID-19 situation, foreigners attempting to enter Thailand must have a medical certificate issued no more than 72 hours before travelling which confirms they have been tested and are free from the virus. Foreigners must also present an insurance policy showing minimum coverage for COVID-19 of not less than US$100,000. In practice, it is difficult for a foreigner to obtain such clearance, making appearances at Thai court hearings virtually impossible. Under the Announcement, however, it is much easier to postpone a hearing with foreign witnesses, saving the foreign party the challenge of traveling to Thailand at this difficult time. However, in case of emergency, the parties can ask the court to allow the witness to appear through video conference. Whether or not such a measure would be allowed is solely at the court’s discretion. 

Court Filings 

The Announcement only covers hearings. As such, all prescription periods (statutes of limitation) are still in effect. The complaint department is still operating, so parties must still file their complaints, and other court submissions, by the required deadlines. However, as the situation is fluid, this may change. We will keep our readers updated on all developments regarding the Thai courts and justice system in this extraordinary time. 

Download Full Article
Related Professionals

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

February 3, 2026
Thailand’s alternative dispute resolution (ADR) landscape has evolved significantly over the past decade. Legislative reforms such as the Dispute Mediation Act and expanded court‑annexed mediation have strengthened non‑litigious options, while institutional choices have broadened. Parties can now choose between the Thai Arbitration Institute (TAI), the Thailand Arbitration Center (THAC), and a growing number of sector‑specific dispute forums. For businesses, these choices matter. Each forum has different rules, administration, costs, speed, and enforcement mechanisms. These factors can directly impact commercial leverage, recovery outcomes, and business continuity. Choosing the right forum and drafting an effective dispute resolution clause can materially influence how a dispute is resolved. This article outlines the practical differences between Thailand’s leading alternative dispute resolution forums, explains when each is likely to deliver the most value, and offers drafting and strategy tips to embed those advantages into your dispute resolution clauses. Why ADR Is Gaining Traction in Thailand Thai policy increasingly supports the resolution of civil and commercial disputes through ADR. Recent amendments to the Civil Procedure Code now provide for court-supervised pre-action and in-case mediation. This type of mediation has its advantages: it suspends limitation periods, involves no court fees, and can conclude with a consent judgment that is immediately enforceable and subject to only limited grounds of appeal. In parallel, the Mediation Act supports out‑of‑court mediation for qualifying disputes within defined subject‑matter and monetary thresholds. Valid settlement agreements reached under this law may be enforced through a streamlined court process. Thailand’s arbitration framework has also matured into a reliable, pro‑enforcement framework under the Arbitration Act, which closely follows the UNCITRAL Model Law and applies to both domestic and international cases, so cross‑border users see familiar rules. As Thailand is a signatory to the New York Convention, Thai courts generally recognize and enforce foreign awards subject only
Read More
January 29, 2026
Following the recent enactment of a comprehensive legal framework addressing sexual harassment, Thailand has launched a fast-track judicial process enabling victims of online sexual harassment to obtain court orders suspending and removing obscene content from the internet. On January 26, 2026, the Office of the Judiciary introduced the “Take It Down” procedure through the Court Integral Online Service (CIOS) platform, providing victims with their first direct, expedited pathway to halt the spread of online content that violates the new legal provisions against sexual harassment. This new remedy stems from section 284/4 of the Penal Code, introduced through the Act Amending the Penal Code (No. 30) B.E. 2568, which took effect on December 30, 2025. Under section 284/4, an injured person or a competent official may petition the court to suspend dissemination of violating data and remove the data from computer systems within a court-specified period. The court may also direct system controllers, service providers, or competent authorities to carry out the order and report back within 15 days. Filing through the CIOS Platform The CIOS platform serves as the primary electronic channel for these petitions. Key features include: Individuals can file online without appearing in person and may submit petitions at any time the system is available. Users must complete digital identity verification via the ThaID application to access the CIOS. Petitions under section 284/4 are limited to requests to suspend or remove violating content. Claims for monetary damages must be pursued separately, including via separate proceedings or prefiling mediation. Streamlined Review Process The submission workflow is end-to-end electronic, and the system provides step-by-step guidance. After submission, court staff review the petition before presenting it to a judge for consideration. The court may conduct an online inquiry to obtain additional information, and in-person attendance is required only if deemed
Read More
January 20, 2026
Arbitrations seated in Thailand are governed principally by the Arbitration Act B.E. 2545 (2002) and, where applicable, the rules of institutions such as the Thailand Arbitration Center (THAC) and the Thai Arbitration Institute (TAI). While these instruments set the core procedural structure, they are not comprehensive. To fill in these procedural gaps, arbitral tribunals often look to the Thai Civil Procedure Code (CPC) and apply its principles when the Arbitration Act or institutional rules are silent. This hybrid system is familiar to local practitioners but can surprise international parties who expect a more self-contained arbitral procedure. Examples of How CPC Principles Are Applied Evidence Management: Section 25 of the Arbitration Act requires equal treatment of the parties and guarantees each side a full opportunity to present its case. At the same time, it grants tribunals broad discretion to conduct proceedings “as it deems appropriate” and expressly suggests that arbitrators may apply the CPC evidence rules where appropriate. In practice, tribunals frequently apply CPC evidence rules when addressing: submission of evidence lists, late or additional evidence, questions of admissibility and relevance, and assessment of witness and expert testimony. Amendments to Pleadings: Because the Arbitration Act and institutional rules provide limited guidance on amending pleadings, tribunals often rely on CPC principles when parties seek to amend a statement of claim or defense. Amendments may be permitted if they are sought in a timely manner, do not unfairly prejudice the opposing party, do not cause undue delay, and do not alter the nature of the dispute. These conditions closely mirror the standards applied by Thai courts under the CPC. Subpoenas and Court Assistance: Arbitral tribunals seated in Thailand generally do not have inherent subpoena powers. Section 33 of the Arbitration Act fills this gap by permitting the tribunal, an individual arbitrator, or a
Read More
January 14, 2026
Employers operating in Thailand can enforce post-employment noncompete covenants, but success depends on precise drafting and strong evidentiary support. Thai courts will uphold restraints that protect legitimate employer interests and are fair and reasonable in duration, geographic reach, and substantive scope. Overbroad covenants, however, draw judicial skepticism and may fail unless they are drafted in severable, defensible components tied to the employee’s actual role. This article synthesizes recent trends in Thai case practice, explains how Thai courts assess reasonableness in employment restraints, and provides a practical litigation-focused framework for drafting enforceable covenants, preparing evidence, and pursuing relief through the Labor Court. The Legal Framework and Its Practical Implications Thai courts evaluate noncompete covenants under general principles of contract enforceability and public policy, with particular focus on whether a restraint is necessary to protect a legitimate employer interest and proportionate to that objective. In employment matters, this analysis is shaped by the employee-protective tenor of Thai labor law and by the Labor Court’s equitable discretion in determining appropriate remedies. The practical takeaway is that standardized or broadly drafted covenants rarely survive scrutiny. Courts look for a demonstrable nexus between the employee’s actual exposure to confidential information, trade secrets, or customer relationships and the scope of the restraint. Where that nexus is weak or the restraint operates as a blanket prohibition, courts are inclined to decline enforcement or limit relief to a narrowly tailored prohibition. The employer interests most commonly recognized as legitimate in Thai practice include the protection of trade secrets, confidential business information, and goodwill tied to identifiable customer segments or territories. Courts are more likely to enforce restraints where employers can clearly document what information is at risk, why particular customer relationships matter, and how the employee was involved with those assets. Judges also look closely at the
Read More