Commercial Case

Commercial cases, or commercial litigation, as the name suggests, refer to legal disputes between organizations or individuals involved in a commercial relationship with each other. Commercial legal disputes cover a broad array of controversies including debt collections, corporate and partnership controversies, insurance claims, intellectual property controversies, consumer fraud, contract disputes, and others. Many times, courts in Thailand encourage a peaceful settlement to the dispute by employing Alternative Dispute Resolution (ADR) such as Arbitration or Conciliation. There are two institutions in Thailand that could be reached out in case of commercial disputes – the Thai Commercial Arbitration Committee of the Board of the Trade, and the Thai Arbitration Institute (TAI). Nevertheless, in case the dispute isn’t resolved through these institutions, the involved parties can approach the court to file a lawsuit seeking a judicious decision on the controversy.

Here are some important things to know about commercial cases in Thailand.

• A commercial lawsuit could be filed by the injured party if the cause of the action has taken place in Thailand, or if the topic of the dispute falls within the jurisdiction of the Kingdom. In case the complaint is filed by a foreigner, he/ she aren’t required to be personally present in Thailand, and can contest through the Thailand Power of Attorney.
• Even if the Thailand Power of Attorney is looking after the case, the involved foreign party needs to prove its legal status and personality. Besides, the foreign party would be required to furnish a lot of documents to indicate the appropriate authorization. Moreover, these documents must be notarized through an authorized notary public and also legalized by the Royal Thai Embassy or Consulate situated in the country of the foreign party. Also, it is important to translate the submitted documents in Thai.
• Now, during the course of the hearings, the Thai courts would require the foreign party to appear before the court, and give its statement against the respondent.
• Since Thai is the operational language of the Thai Courts, it is necessary for the foreign party to have a Thai lawyer. Although the arbitral proceedings allow foreign lawyers to represent their clients, it is in Thai that most of the procedures take place. Hence, given this situation, it is prudent to hire a multilingual lawyer who is proficient in English as well as Thai.

Commercial cases involve intricate legalities that require professional lawyers to deal with. BLS’s extensive experience and proven expertise in all the areas of commercial litigations in Thailand help resolve the commercial dispute through legally correct solutions. So, if you are stuck with a commercial case in Thailand, get in touch with BLS today!