General Enquiry On Possible New Litigation Matter In Thailand

Question 1
What are the possible remedies available in Thai Litigation?

Answer 1
The possible remedies and to apply for an urgent hearing for injunction relief, and to file the plaint against the other party, claiming for damages.

To request for an urgent injunction from the court, we must file the plaint against the other party, simultaneously.

Question 2
If injunctive relief is one of the remedies, how quickly can it be obtained and does client have to testify in person in Thailand?

Answer 2
It will take 2-3 weeks to prepare a plaint for filing at the court, as well as filing a petition demanding for an injunction.

If the judge believes that it is an urgent matter, then the judge will allow to have a hearing for an injunction on the same day that we file the case. Then the judge will issue a Court Order on that day, or the following day.

On the other hand, if the judge thinks that it not an urgent matter, then the judge will fix the day to have a hearing for the injunction which may take one or two months, even more, depending on the case schedule of the Court.

It would be better if the client is able to testify during the hearing for injunction by himself, otherwise the legal agent or representative of the client would have to testify instead.

Question 3
What are the governing Laws for such matter?

Answer 3
The Copyright Law, the Law of Contract, and the Law concerning business transaction on electronics, etc.

Question 4
What is its estimated duration?

Answer 4
For the injunction, if the judge grants an urgent injunction, it will take a few days after filing the case.

If the judge does not grant an urgent injunction, but only the normal injunction, it will take a few months or even longer.

For the process of the litigation, it may take a year and or even slightly longer.

Question 5
Is there any expedited process of obtaining judgment in Thailand, (like the summary judgment in Singapore, which is granted without trial, if the Court believes that there is no triable issue and therefore, there is no defence)?

Answer 5
There is a process for the summary judgment in Thailand. However, it is not easy to request and get a summary judgment.

Question 6
If he plaintiff is a foreign company, does it have to furnish security for costs of the defendant, and if so, what is the form and quantum of such security?

Answer 6
It is not compulsory for a foreign plaintiff to furnish security under Thai Law.

Nevertheless, the defendant has a right to submit a petition to the judge demanding the foreign plaintiff to furnish security.

The amount of security depends on the discretion of the judge, which will be influenced by the amount of claim.

The security would be in cash, which is deposited to the Court.

No comments:

Post a Comment