Dispute Resolution / Litigation

Expert Advocacy Across Thailand’s Courts

At Formichella & Sritawat, litigation is one of our core strengths. We represent clients in high-stakes disputes across Thailand’s full spectrum of courts—civil, criminal, and specialized courts including the Administrative, Tax, Family, and Intellectual Property & International Trade Courts.

Our litigators expertly navigate complex legal procedures and doctrines, handling disputes ranging from commercial contracts and fraud to intellectual property, regulatory matters, and criminal defense. We approach every matter with strategic precision, aiming for outcomes that are practical, creative, and cost-effective.

Full-Spectrum Litigation Services

We represent clients at every stage of the dispute lifecycle:

  • Pre-litigation strategy and settlement negotiations
  • Trial preparation and evidence development
  • Injunctions and interim relief applications
  • Trial advocacy
  • Appeals and enforcement proceedings
  • Court-supervised mediation and settlement

Whether a dispute requires aggressive courtroom advocacy or a discreet negotiated resolution, we tailor our approach to your business goals and risk profile.

Civil & Commercial Litigation Expertise

We handle a wide variety of civil and commercial disputes, including:

  • Shareholder disputes and director liability
  • Intellectual property enforcement and defense
  • Contract breaches and commercial covenants
  • Real estate and land ownership conflicts
  • Financial services and investment misrepresentation
  • Professional negligence and fiduciary breaches
  • Estate and inheritance litigation
  • Conflict of laws and international enforcement
  • Banking and securities litigation
  • Matrimonial and family-related disputes

Our team regularly advises and litigates on matters involving Thai-listed companies, multinationals, foreign investors, and domestic businesses across industries.

Criminal Defense & White-Collar Litigation

Formichella & Sritawat also has deep experience in criminal law. We defend individuals and companies facing criminal charges across a broad range of allegations, including:

  • White-collar crimes and regulatory offenses
  • Fraud, misappropriation, and forgery
  • Director and executive liability
  • Computer and cybercrime
  • Intellectual property violations
  • Customs and import-export offenses

We advise clients during investigations, defend them at trial, and pursue appeals when necessary. Our team works proactively to resolve matters discreetly and minimize reputational and financial harm.

Strategic Investigation & Trial Preparation

Every dispute starts with the facts. We conduct thorough investigations—interviewing witnesses, reviewing financial records, and gathering documentary evidence—to build a strong legal foundation. We develop trial strategies aligned with your objectives, evidence, and legal risks.
Our lawyers are experienced in:

  • Drafting persuasive pleadings and legal submissions
  • Preparing and examining witnesses
  • Managing expert testimony
  • Arguing complex procedural and substantive issues
  • Handling cross-border and multi-jurisdictional elements

Dispute Resolution with Business Sense

Not every case belongs in court. We often resolve disputes before trial through negotiation, mediation, or court-supervised settlement. Our team is skilled in identifying strategic inflection points to achieve early resolution, without sacrificing results.
When litigation proceeds, we advocate vigorously in court while preserving opportunities for settlement. If the trial court issues an unfavorable decision, we assess the record, identify legal errors, and pursue appeals where warranted.

Working Together: Client Instructions and Counsel’s Responsibilities

Litigation is a collaborative process, but Thai law assigns different responsibilities to the client and to litigation counsel. Section 62 of the Thai Civil Procedure Code provides that a lawyer appointed by a party may plead and conduct proceedings on the party’s behalf as the lawyer considers appropriate to protect the party’s interests. Certain decisions affecting the client’s substantive rights, however, require the client’s express authority, including settlement, withdrawal of proceedings, admission of a claim, waiver of rights, and decisions concerning appeal or retrial. The client therefore determines the outcome sought and retains control over substantive decisions affecting the client’s rights, while Thai counsel is responsible for the professional conduct of the proceedings.

Thai litigation lawyers are also subject to the Lawyers Act B.E. 2528 and the Lawyers Council Rules on Professional Conduct B.E. 2529, as amended. These obligations require counsel to act responsibly toward both the client and the court, including maintaining the integrity of factual representations and evidence and not pursuing proceedings without a proper basis. Independent professional judgment is therefore part of the lawyer’s legal and professional responsibility, not simply a matter of firm preference.

At Formichella & Sritawat, we welcome informed and engaged clients. Client input is particularly important in establishing the facts, identifying evidence, explaining commercial or personal objectives, and reviewing material pleadings for factual accuracy. We discuss significant strategic issues with our clients and consider their comments carefully. At the same time, the Thai lawyers conducting the matter must exercise their own professional judgment in relation to pleadings, legal arguments, evidence, procedural steps and advocacy before the courts. We cannot responsibly advance a factual assertion, legal position or evidentiary characterization that counsel considers unsupported, misleading, legally improper or inconsistent with professional obligations.

Where different views arise, our approach is to discuss them candidly and seek a practical course that advances the client’s legitimate objectives within Thai law. Litigation frequently involves disputed facts, credibility issues and uncertain legal outcomes. A difficult or uncertain case is not necessarily a case without a proper basis. Our role is to advise clients candidly about those risks and, where a proper basis remains, represent their interests vigorously and professionally.

Representative Litigation Matters

Formichella & Sritawat regularly acts in high-value commercial disputes spanning infrastructure, energy, technology, real estate, and construction. Our firm holds prominent rankings and client praise in industry directories:
Chambers Asia‑Pacific notes that our dispute resolution team “has all the expertise that we needed, and its service was great,” adding that “the team understands the business concerns well and is able to provide pragmatic solutions. The team is always our first point of contact for every issue relating to our business in Thailand.”
The Legal 500 Asia Pacific commends our leadership and courtroom performance, highlighting: “Leading the practice is M.L. Numlapyos Sritawat, who has experience representing clients up to the Supreme Court of Thailand,” and recognizes our “demonstrable experience in the bankruptcy courts, alongside the administrative, family and tax tribunals.”

Our Litigation Work Includes: 

Technology Sector – Intellectual Property & Contract Dispute

Represented a global technology company in a cross-border dispute concerning ownership of bespoke software code. The matter required review of U.S. securities filings, expert evidence, and complex questions of contractual rights in software development.

Industrial Sector – Bankruptcy and Asset Recovery

Acted for a multinational engineering services company as a creditor in the Thai Bankruptcy Court. The case involved tracing fraudulent transfers to related entities, uncovering concealed assets, and proving bankruptcy fraud.

Media & Digital Services – Defamation and Computer Crimes Act

Defended a senior executive against criminal defamation and Computer Crimes Act charges stemming from corporate communications and data transfers. The case clarified how company data and emails may be treated under Thai criminal law.

Energy & Industrials – Software Licensing Dispute

Advised a publicly listed Thai conglomerate in a billion-Baht dispute with a multinational software vendor concerning perpetual licensing rights. The case involved interpretation of contract terms and potential market dominance issues.

Cross-Border Commercial Litigation – Contract & Fraud Claims

Represented a Southeast Asia–based company in a multi-million-dollar dispute with a U.S. public company involving intellectual property misappropriation, breach of contract, and fraud. The matter required coordination across Thai and U.S. jurisdictions.

Financial & Investment – Class Action Bankruptcy

Represented foreign investors in collective bankruptcy proceedings concerning a land investment scheme. The case involved multiple claims and required extensive coordination with creditors.

Corporate & Shareholder Disputes – Supreme Court Appeal

Advised a senior executive in a Supreme Court appeal on termination for “loss of trust.” The case was significant in clarifying Thai employment and corporate governance law.

International Trade & Diplomacy – Third-Party Subpoena

Represented a foreign business association in responding to subpoenas linked to litigation involving a diplomatic mission. The matter required balancing Thai civil procedure with diplomatic sensitivities.

Aviation Industry – Aircraft Finance Litigation

Advised a global aircraft lessor in enforcing financing and repossession rights against a Thai carrier. The dispute required navigation of Thai aviation law, secured transactions, and international leasing standards.

Telecommunications Sector – Infrastructure Dispute

Represented a Thai telecommunications operator in litigation over rights of way and infrastructure use. The case addressed statutory access rights, municipal approvals, and compensation frameworks.

Construction & Engineering – Arbitration Enforcement

Acted for an international contractor in enforcing a foreign arbitral award in Thailand under the Arbitration Act. The matter involved recognition of foreign awards, public policy defenses, and concurrent proceedings.

Banking & Finance – Loan Enforcement

Represented a leading financial institution in enforcing a syndicated loan against a regional borrower. The case required collateral enforcement, cross-border asset tracing, and compliance with Thai banking law.

Insurance Sector – Coverage Dispute

Advised a multinational insurer in a dispute concerning liability coverage for an industrial accident. The matter required expert evidence on risk allocation and contractual interpretation under Thai law.

Energy Sector – Joint Venture Dispute

Represented a participant in an energy-sector joint venture in a dispute over shareholder obligations and profit allocation. The case involved claims of minority oppression and valuation analysis.

Hospitality & Real Estate – Land Use and Development Dispute

Advised a foreign investor in litigation over land title and zoning approvals for a large hospitality project. The matter tested foreign ownership restrictions and local land use compliance.

Consumer Protection & Product Liability

Defended a multinational consumer goods company in Thai courts against product liability claims. The case required technical causation evidence and defenses under the Thai product liability law.

Employment Litigation – Termination and Benefits

Advised a multinational manufacturer in defending claims for wrongful termination and benefits. The case required analysis of Thai labor law, employee due process, and international HR policies.

Competition Law & Antitrust Dispute

Counseled a global logistics provider in a dispute involving alleged anti-competitive conduct in freight forwarding. The matter tested the scope of Thai competition law in vertical and horizontal arrangements.

Why Clients Choose Us for Litigation

Clients trust Formichella & Sritawat because we combine deep legal knowledge with practical judgment. Our litigation team doesn’t just fight cases—we solve them.
We understand that every dispute affects people, reputations, and businesses. Whether you’re enforcing your rights, defending your name, or protecting your assets, we bring clarity, strategy, and commitment to every matter.

FAQs

Yes. Foreign individuals and companies may bring claims in Thai courts if the court has jurisdiction and the claimant has standing. Service, limitation periods, governing-law issues, translations and, in some cases, security for costs should be considered at the outset.

There is no reliable standard timetable. A straightforward first-instance case may take roughly one to two years, while a heavily contested commercial matter can take longer. Appeals, expert evidence, overseas service, multiple witnesses and enforcement proceedings may extend the overall timeline considerably.

Thailand has an established court system and specialised courts for several types of dispute. Outcomes depend on the applicable law, the quality of the evidence, procedural compliance and the court’s assessment of the facts. Parties should avoid assuming that a commercially persuasive narrative will succeed without admissible proof.

Potentially. Thai courts may grant interim measures before or during proceedings where the statutory requirements are met. The applicant usually needs strong evidence of urgency, threatened harm or difficulty in enforcing a later judgment. The court may require security, and relief is not automatic merely because a claim appears serious.

Common matters include contract and payment claims, shareholder and director disputes, fraud-related claims, construction and property disputes, insolvency, employment, intellectual property, regulatory disputes and serious criminal matters connected with business activity. Technology projects often combine payment, performance and IP issues; see FOSR’s Software Development Disputes in Thailand.

Both are common. Many cases settle after the parties have tested the evidence, obtained interim rulings or participated in court-annexed mediation. Whether settlement is sensible depends on the merits, enforceable assets, urgency, costs and commercial objectives. Filing a case should not be treated as a substitute for a settlement strategy.

Thai court proceedings are conducted in Thai. Pleadings and formal submissions must be in Thai, and foreign-language documents normally require Thai translations. Interpreters may be used for foreign witnesses, but the quality and consistency of translations should be managed carefully.

Thailand does not generally provide direct recognition and enforcement of foreign court judgments. The successful party will usually need to commence a fresh Thai proceeding on the underlying obligation. The foreign judgment may be persuasive evidence, but the Thai court will consider issues such as finality, jurisdiction, due process, limitation periods and public policy.

It depends. Arbitration may offer confidentiality, party choice of tribunal and easier cross-border enforcement of awards, while Thai court proceedings may be more suitable for urgent relief, third-party issues or local enforcement. Parties may agree to arbitrate in the original contract or after a dispute arises. See FOSR’s Arbitration practice.

Only to a limited extent. Thai courts have discretion to award court fees and lawyers’ fees, but recoverable lawyers’ fees are generally subject to statutory limits and often do not reflect the party’s actual expenditure. Cost recovery should therefore not be assumed when assessing the economics of a claim.

Waiting too long to organise the case. Limitation periods, evidence preservation, witness availability, service and asset movement can materially affect the outcome. A party should identify the legal claims, contemporaneous documents, payment trail, relevant communications and realistic enforcement targets before committing to proceedings.

It is often decisive. Early analysis should address the correct parties and forum, limitation periods, available remedies, evidentiary gaps, interim relief, settlement positioning and enforcement. A strong claim can be weakened by an inaccurate demand, an avoidable admission or filing before the evidence and remedy have been properly mapped.

Sometimes, but liability is not automatic merely because a person is a director. Personal exposure may arise from the director’s own wrongful act, breach of duty, false filing, statutory offence, guarantee or participation in misconduct. The company and the director should be analysed separately. See Director Certifications and the Limits of ‘I Don’t Know’.

Damages generally compensate proven loss caused by the breach or wrongful act. Speculative loss is difficult to recover, and punitive damages are available only where a specific law permits them. Contractual liquidated damages may be reduced if the court considers them disproportionately high. Evidence of causation, mitigation and the amount claimed is essential.

Only where the facts independently support a criminal offence. A contractual breach or unpaid debt does not become criminal merely because a complaint would create pressure. Criminal allegations should be assessed on their own legal and evidentiary basis, with careful attention to the risks of an unsupported accusation.

Most ordinary commercial claims are heard in the Civil Court or the relevant Provincial Court. Specialised courts may have jurisdiction over intellectual property and international trade, labour, tax, bankruptcy, administrative or other designated matters. Forum selection can affect procedure and remedies. See FOSR’s guide to Thailand’s specialised courts.

Not in every dispute. Court-annexed mediation is widely available and often encouraged, and some matters may be referred to mediation at different stages. Whether to mediate, and when, should be decided in light of the evidence, urgency, bargaining position and the terms needed for an enforceable settlement.

Potentially. A claimant may seek provisional attachment or other interim protection if the statutory requirements and evidence are satisfied. The court will consider the risk to enforcement and the proportionality of the relief. These applications are fact-sensitive and may require security from the applicant.

The answer depends on the claim, but contemporaneous contracts, payment records, corporate documents, emails, messages, system records and credible witness evidence are often central. Digital evidence should be preserved in a form that supports authenticity and context. Foreign-language material should be translated consistently.

Litigation may be commercially unwise where the defendant has no reachable assets, the evidence is weak, limitation or jurisdiction problems are serious, the likely recovery is disproportionate to cost, or a negotiated outcome better protects the business. A decision not to litigate can be strategic rather than a concession on the merits.