Publications
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As a part of our corporate social responsibility commitment DUENSING KIPPEN provides regular legal column contributions to numerous international, national and local hard and soft copy publications including: our regular legal column in The Phuket News newspaper, Mondaq, the Danish - Thai Trade News, Tropical Living magazine, Director magazine, Exotiq magazine, Samui - Phangan Real Estate magazine, The Pattaya Mail newspaper, Samui Express newspaper, Chiang Mai Mail newspaper and many others. We also make these publications available here below.
Civil Litigation in Thailand: PART 2 – filing a case and notifying the defendant
Suing or being sued by someone in Thailand begins by the filing of a complaint (or what is most commonly referred to in Thailand as a “plaint”) against the accused defendant party. The complaint must contain all the facts which would be sufficient to support a legally cognizable claim against the defendant under Thai law.
Civil Litigation in Thailand: PART 3 – defense and evidence
A defendant in Thai court must present a reply to the complaint within a statutorily prescribed time. If the defendant fails to do this, the court may refuse to allow admission of his defense if the result will be and unfounded delay of the proceedings.
Civil Litigation in Thailand: PART 1 – Thai courts
Thailand’s legal framework is based on the continental European “civil law” tradition. Although there are some statutory provisions that have their origin in common law systems both the substantive and procedural law of Thailand is modeled on the civil law system.
Arbitration in Thailand: PART 5 – the arbitrators
One of the advantages of arbitration proceedings over domestic court proceedings is the opportunity for the parties to select the person(s) that will decide on the issue in question, the arbitrator(s). In arbitration proceedings the parties are enabled to nominate arbitrators that have a certain specialized and up‐to‐date know‐how that might be required to understand the technical background of the issues in question.
Arbitration in Thailand: PART 4 – the agreement to arbitrate
In our last blog we explained that arbitration can only take place if both of the contract parties agree to the use of such a mechanism to resolve any dispute arising from their contract. In fact, in Thailand, Section 11 of the Arbitration Act (2002) (the “Act”) specifically requires that the parties, must enter into a written “Arbitration Agreement” that is signed by both parties.