International transactions can lead to long term partnerships between individuals or companies in different countries or continents but unfortunately also to high complex disputes. H&P litigation lawyers in Thailand have represented not only individuals or corporations but also countries in international trade disputes and commercial litigation in Thailand.
According to Section 7 of the Act on the Establishment of the Intellectual Property and International Trade Court and the Procedure for Intellectual Property and International Trade Cases B.E. 2539 (1996), cases falling under the jurisdiction of the International Trade Court include the following:
1.Civil disputes which related to international sales, exchanges of goods, or financial instruments, as well as international services, international transportation, insurance, and other related legal transactions.
2. Civil disputes concerning letters of credit related to the aforementioned section activities, remittances into or out of the Kingdom, trust receipts, and insurance concerning such activities.
3.Civil disputes which related to ship arrest.
4.. Civil disputes concerning dumping, subsidies of goods or services from foreign countries.
5.Civil disputes related to arbitration in connection with all of the above-mentioned cases.
However, disputes falling under the jurisdiction of the Juvenile and Family Court, such as; adoption, divorce, or child nationality disputes, shall not be under the jurisdiction of the Intellectual Property and International Trade Court.
If the cause of action arises from any of the above-mentioned disputes, the party wishing to initiate legal proceedings must file the case with the Intellectual Property and International Trade Court having jurisdiction over the matter. The court proceedings shall be conducted as follows:
Court proceedings
Most of the proceedings before the International Trade Court are conducted in the same procedure as civil proceedings in the general Civil Court. However, in the opinion of our litigation attorneys in Thailand, there are certain aspects that differ from general civil disputes, as prescribed in the Regulations on Intellectual Property and International Trade Cases B.E. 2566 (2023) and Court rules, such as,
-Service of Summons
In international trade disputes, in the case of one of the parties is often a foreign individual or a foreign company. Therefore, if the opposing party has an appointed representative, either an individual or a company, located in Thailand, the service of documents, including a copy of the plaint and the summons, must be made to such appointed representative in Thailand.
In cases where the opposing party is a foreign individual or company without a representative in Thailand, the service of the complaint, relevant documentary evidence, and the summons must be carried out abroad, at the domicile of the opposing party.
-Court Proceedings
In proceedings before Thai courts, regardless of the type of court, all documentary evidence must be accompanied by a Thai translation for submission to the court. However, in the case of the International Trade Court, the Court has the discretion to admit documents written in a foreign language without requiring them to be translated into Thai.
Furthermore, if the opposing party is a foreign individual or a foreign company, an English translation must be attached to all Thai-language documents, such as the complaint, list of witnesses, summons, and other related documents.
-Testimony
Under Clause 37 of the Regulations on the International Trade Court B.E. 2566 (2023), the Court has the authority to determine the procedural direction of the case before the witness examination stage. For instance, the Court may order the parties to attempt mediation prior to witness examination or allow the parties to submit written statements in lieu of verbal testimony.
-Appeal and Supreme Court Review
Appeals and petitions to the Supreme Court follow the general principles of civil procedure. An appeal must be filed within one month from the date the judgment is read. The court with jurisdiction to hear international trade cases at the appeal proceedings is the Specialized Appeal Court, while cases at the final stage are under the jurisdiction of the Supreme Court, which is the highest court in Thailand. Any judgment or order rendered by the Supreme Court shall be deemed final.
Documentary Evidence to Be Submitted
Although each case involves different disputes, one essential document in international trade disputes is the bill of lading. It serves as crucial evidence to prove whether the goods have been shipped or received and to establish liability concerning the goods. The bill of lading specifies the shipping incoterms agreed upon between the parties. There are total of eleven shipping incoterms, each determining different considerations regarding delivery completion and the extent of liability for the goods.
Statute of Limitations
The statute of limitations depends on the nature of the dispute. In a general commercial dispute, the limitation period is ten years, in accordance with Section 193/30 of the Civil and Commercial Code. However, in cases involving liability for the carriage of goods, the limitation period is one year from the date of delivery of the goods.
For maritime transportation, pursuant to Section 46 of the Carriage of Goods by Sea Act B.E. 2534 (1991), disputes concerning loss, damage, or delay in the delivery of goods must be filed with the Court within one year from the date the carrier delivered the goods. The applicable limitation period and liabilities shall be determined based on the agreed shipping terms.
If you are facing an international trade dispute and need to consult with a commercial litigation lawyer in Thailand, please contact our Bangkok law firm at [email protected]
