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