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

June 12, 2017

Thailand: Courts Introduce New Electronic Procedures

Subscribe to Updates

A new directive in Thailand will allow court pleadings and documents to be filed electronically. The Directive of the President of the Supreme Court on Submitting, Sending, and Receiving Pleadings and Documents via the Electronic Filing System came into effect on May 4, 2017.

The electronic filing system allows litigants to send and receive pleadings, notices, court orders, summonses, documents, and other types of warrants. In addition, required court fees and trial expenses may now be paid online via credit or debit card, bank transfer, or other methods specified in the Announcement of the Office of the Judiciary. The anticipated benefits of electronic filing include increased efficiency, productivity, and reduction of errors.

At the moment, the electronic system allows disputes over purchases, sales, leases, mortgages, pledges, contract guarantees, loan contracts, hire-purchases, and credit cards, but it may be extended to other types of disputes in the future. Currently, only three courts offer this service: (1) The Civil Court (Bangkok); (2) The Thon Buri Civil Court; and (3) The South Bangkok Civil Court. Per the directive, future courts that allow electronic filing will make public announcements.

In addition, the Courts of Justice are also currently piloting an electronic hearing recording system. This system involves the filming of court proceedings and keeping them on record in digital format for future reference. The courts believe this system will reduce the number of post-hearing disputes between parties regarding the accuracy of statements made during proceedings. The system is currently awaiting approval by the judicial committee of the Courts of Justice, after which it will be ready for expansion to at least 252 courts nationwide.

The adoption of new technology by the Thai judiciary is encouraging and a welcome gesture to modernize the court system. However, very few new system adoptions are flawless, and it is inevitable that the initiative will take some time to fully implement and optimize.

Related Professionals

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

June 2, 2023
Efficiency and predictability in the global supply chain are critical for business operations. Whether involved in manufacturing, distribution, logistics, or even in the provision of services, most business operators rely upon problem-free customs clearance in the countries in which they operate. If customs disputes do arise and are not effectively addressed, they can have a profound impact on operations, delaying delivery, creating potential civil and criminal liabilities, or even resulting in the seizure of imported goods. Often, importers or their agents can become complacent, particularly where there has been a period of months or even years of customs clearance without encountering any issues. However, disputes can arise, often relating to origin of goods, classification, and duty assessment. When not addressed early in the dispute process or through settlement, a dispute can escalate, leading to issuance of official letters of assessment by customs authorities. Once Thai customs has issued such a formal letter of assessment to an importer, discretion in settlement is gone and only the full value of the duty assessment can be accepted. At this stage, the only legal avenue for challenge is to accept the duty assessment or to litigate. This article addresses post-assessment litigation options to challenge official customs duty assessments. Customs Board of Appeals Once an official assessment is made, an importer has the right to seek a formal appeal of the customs assessment with the Customs Board of Appeals or to otherwise make payment of the full assessment within 30 days of the date it received the assessment. Extensions of time are not permitted. With few exceptions, the right to appeal does not allow the importer to defer an assessed duty payment. This means that the importer must post security for the assessed duty at the time of filing the appeal. This essentially means
Read More
April 28, 2023
Thailand’s legal system is based on European continental civil law systems, with a three-tier court system. Precedents set by the Thai Supreme Court are merely considered as examples of the application of laws and are not binding on Thai courts. While the country’s judiciary and dispute resolution mechanisms are well developed, some aspects can be unfamiliar or even surprising to counsel unfamiliar with the Thai court system. This article introduces some of the Thai civil court procedures and practices, and covers several key issues it is important to understand regarding civil litigation in Thailand. Offers of compromise or settlement In Thailand, there is no such thing as an ‘offer without prejudice’. Anything put in writing can be used against the offering party. Therefore, compromises, settlements, and offers to compromise or settle should not be made before consulting with legal counsel. Similarly, parties at trial or anticipating litigation should be cautious in all communications with the opposing party. Location of assets Before initiating litigation, plaintiffs should investigate the nature and extent of the defendant’s assets in Thailand and abroad. A monetary judgment is of limited value if the defendant has little or no recoverable assets. Therefore, any information a claimant has on the opposing party should be assessed at the beginning of the case or as soon as is reasonably possible. Language of documents All documents submitted to a Thai court must be in the Thai language. Foreign documents must be the originals or certified copies, and certain documents also need to be notarised and then authenticated by a Thai consular official. Court costs A plaintiff must pay a court filing fee when submitting a case. This is usually 2% of the claim amount but will not exceed THB 200,000 per action for claims of up to THB 50 million.
Read More
April 11, 2023
A significant new procedural law for fines in Thailand results in the mass removal of certain types of fines for criminal penalties and alters procedures for certain administrative monetary penalties.   There are generally two types of fines imposed under Thai law: criminal fines and administrative fines. However, there will soon be a type of fine that exists outside of the criminal or administrative legal mechanisms: the phinai fine, which is neither a criminal penalty nor an administrative fine. Instead, a phinai fine—which must be paid to the state—is one assessed in lieu of criminal penalties for less-serious offenses. Perhaps the closest equivalent to a phinai fine would be a “civil” fine, but there is no official translation of Thailand’s first law dedicated to these fines, the Act on Phinai Fine Proceedings B.E. 2565 (2022) (ACFP), which was published in the Government Gazette on October 25, 2022. Before proceeding further to discuss the significance of the new law, a note should be made regarding the term phinai. As there has been no official translation of the ACFP, there is currently no official translation of phinai. Under the ACFP, “to seek a phinai fine” (or prap pen phinai) was determined to have the specific meaning of ordering a phinai penalty offender to pay a phinai fine. The meaning of the term as defined reflects a type of phinai penalty, which is neither a criminal penalty nor an administrative fine. In the future, there is a possibility that the official translation of the ACFP may use a different term. The passage of the ACFP provides Thailand with a special procedural law for all phinai fines, ultimately resulting in a significant change in the categorization and collection of fines and administrative monetary penalties. Other than two sections on administrative preparations that took
Read More
March 30, 2023
Digital asset litigation is one of the most cutting-edge types of litigation in Thailand. There are factual, technical, regulatory, and legal challenges and hurdles for the parties to the dispute throughout all procedural stages. This is mainly because digital assets are different in nature from more conventional types of assets, as they are digitally created and used on a blockchain network. Legal Status The first issue to be aware of in approaching digital asset litigation is the legal status of digital assets. Under Thai law, there are two key terms concerning digital assets’ legal status: “thing” and “property.” Things are tangible objects, while property provides a much wider range of meaning. Property could be anything—including intangible objects that may be of value and able to be appropriated. It is fairly clear that digital assets are not a “thing” since they are not tangible. However, determining whether digital assets are “property” is even more complicated. Although digital assets are intangible objects, one might argue that, unlike fiat money, they do not have any inherent value but are rather conferred value based on certain people’s perspective. (For example, the Bank of Thailand expressed this opinion of bitcoin in 2014.) Some may even argue that digital assets cannot be possessed and therefore cannot be appropriated. According to these arguments, digital assets should not be regarded as a property either. Legal Grounds Determining whether digital assets are things, property, or something else altogether is crucial to any subsequent litigation. In Thailand, the party initiating the lawsuit (the plaintiff) generally has to state the relevant legal grounds for the complaint—that is, the different relevant legal provisions that the court is to apply to the case. These provisions of Thai laws mostly refer only to “things” or to “property,” not both. This often means that
Read More