Tort Law Thailand
Lalo Scalf
From the above definition, we comprehend that obligations arise not only from parties who are bound by contracts, but likewise by acts or misdeeds which result in injury or damage. Because of the injury or damage that results, the person or entity responsible is made to compensate the offended person.
In Thailand, a tort is embraced under the category of wrongful acts or fault. In order for an injured person to be awarded compensation for such wrongful act, he must be able to substantially prove that the damage incurred had been a direct result of the wrongful act of the doer.
Claims for damages must be filed at the earliest time possible. Aside from the relatively short period of one year allowed by Thai laws to file the claim, much of the evidence available to the claiming party may easily dissipate with time. Having the assistance of a lawyer in Thailand will greatly help your case. Not only will a lawyer be able to guide you through the collection of evidence, but will ensure you are afforded all your other legal rights, as provided by law.
Dissimilar to Western norms, damages awarded by Thai courts from torts are limited to actual damages only. Thus, it is important that the injured party or his lawyer document all expenses stemming from the tort. Moral and punitive damages are almost unknown to the Thai judicial system. Very rarely has the Thai court awarded moral or punitive damages.
Chandler MHM continues to cement its standing among domestic disputes players through its growing caseload and mature team. With an experienced team of veteran litigators on board, the firm has tackled increasingly complex mandates for numerous industry-leading companies. The group represents local and international clients, and covers a spectrum of disputes such as regulatory, insolvency, construction, insurance, employment, intellectual property, civil, and tax and customs. It has significant expertise with court proceedings in the local courts, including specialised ones such as the labour and IP courts, and in domestic and international arbitration forums.
As one of the leading names in disputes globally, Herbert Smith Freehills in Thailand wins accolades from peers for its longstanding experience and stellar clientele. The practice focuses on commercial disputes and international arbitration in a range of industry sectors, including banking, mining, energy and construction, and technology, media and telecommunications. The team is respected by the market for its leading class action lawsuit expertise. The team remains active in supporting Japanese clients on disputes arising out of their inbound investments, operations and joint ventures in Thailand.
The disputes leaders are managing partner Warathorn Wongsawangsiri and senior consultant Chinnawat Thongpakdee. Both focus on general dispute resolution and international arbitration. The team hired senior associate Jedsarit Sahussarungsi from Weerawong C&P last year and more recently, welcomed partner Pariyapol Kamolsilp from Kudun and Partners.
Ilawasia was established in 2011 and features a dispute resolution group headed by managing partner Somphob Rodboon. The firm offers comprehensive litigation coverage, particularly in commercial, civil, intellectual property, international trade, labour and employment, and insolvency matters. The team is increasing its position in high-value real estate and construction disputes. The firm operates in Lao PDR and has an affiliate operation in Myanmar.
The firm recently acted for EMAC Inter as the claimant in an arbitration proceeding under the administration of the Thai Administration Institute against the respondent to pay damages on the breaking of contracts.
In a recent cross-border highlight, the team acted for Zipmex Thailand in the moratorium process regarding an event under the Court of Singapore, and in dealing with the Securities and Exchange Commission of Thailand with respect to this same event. This case is highly significant in the country as it is the very first dispute for an SEC-authorised digital asset exchange platform that possesses an official licence and also involves a multi-jurisdictional moratorium process.
The sizable dispute resolution team at Rajah & Tann Thailand has the bench strength to handle important litigation. The firm boasts an experienced team of lawyers that covers the full spectrum of contentious Thai law matters, including civil, criminal and administrative litigation, domestic and international arbitration, government investigations, compliance proceedings and IP litigation. The team has a strong track record for shareholder disputes, professional negligence issues, trade matters, and restructuring and insolvency proceedings.
Seven experienced partners cover the full scope of disputes work across a range of practice areas and sectors. Led by senior partner Surasak Vajasit, the other key individuals are Supawat Srirungruang, Pakpoom Suntornvipat, Ittichai Prasongprasit, Chotiwit Ngamsuwan and Krida Phoonwathu. For trade and customs matters, deputy managing partner Melisa Uremovic is highly regarded.
SCL Nishimura & Asahi is an alliance between Japanese firm Nishimura & Asahi and local outfit, SCL Group, an integration that was completed formally three years prior. The dispute resolution group has no less than seven dedicated litigation and arbitration lawyers, and is led by three partners. Its offering covers the full spectrum of disputes management and representation, from general commercial and labour disputes to international arbitration and tax dispute resolution. Notably, the firm has a respected contentious intellectual property practice.
In an example of the calibre of instructions the firm handles, the team is working with international co-counsel on two significant tort cases where a listed company is alleging the client filed several groundless lawsuits against it in Thailand and Singapore. The first case is pending before the Supreme Court, while the ruling in the second case could establish a precedent as to whether a listed company can bring a tort claim against an investor due to commencement of several allegedly frivolous and vexatious lawsuits against the company.
Four partners and five counsels lead the sizable dispute resolution practice. The main contacts are the directors of dispute resolution, Chusert Supasitthumrong and John Frangos. Other key partners include Nuttaphol Arammuang and Suebsiri Taweepon.
Widely heralded as a new top contender in the market for complex disputes work, TTT+Partners burst onto the scene in April 2023. It was established by three leading partners from Weerawong C&P, including dispute resolution specialist Pathorn Towongchuen, bringing three senior associates from the firm. The litigation and arbitration offering not only covers all manners of contentious commercial matters, it also boasts an experienced track record of tackling tricky government and regulatory disputes. The firm plans to open an additional office location in 2024. Senior partner Towongchuen is the key contact.
The team recently acted for Wizard Solutions, the parent company of cooking pan manufacturer Korea King, in a civil litigation matter against the Foundation for Consumers in a class action proceeding. This case is the first-ever class action lawsuit in Thailand and will establish standards and contribute to the development of court procedures for class action cases in the country.
Personal injury is the Tort Law or Wrongful Acts in Thailand law. It is one of the most frequently asked questions. The primary aims of tort law are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms; it allows an injured person to claim on persons who commit a wrongful act against him in order to mitigate damages. Mostly tort case relate to criminal case but it is not Criminal. It can be dealt with Civil Court of Law. Also, lawsuits involving contracts fall under contract law, not a Tort law. This article gives you basic information about Tort Law Thailand.
Tort covers a wide range of case can be remedied by awarding damages, other remedies may also be available example of torts includes medical negligence, negligent damage to private property and negligent misstatements causing financial loss. In Thailand the injured person may sue for both an injunction to stop the tortious conduct and for monetary damages.
First importance note, under Thailand law, if you are not legal spouse (legal marriage under the law of place you married), parent you have no rights to demand/claims any damages from your a person who commit a wrongful act from your partner or children. You have no rights to claim those personal injury.
Under Thailand law, tort means all actions which willfully or negligently, unlawfully injures not only the life, body, health, liberty and property but also reputation or the credit and any right of another person. The important element of wrongful acts is unlawful action which causes any damage to another. The exercise of a right which only has the purpose of causing injury to another is also unlawful according to the Section 420, 421 and 423 of Civil and Commercial Code (CCC).
Although, a minority or unsoundness of mind is liable for the consequences of his tort! In this case, the parents or the guardian are jointly liable with such tort, unless they or he can prove that proper care in performing his duty of supervision has been extended (Section 429 of CCC).
The Compensation may include restitution of the property or its value as well as damages for any injury caused. The Court will determine the compensation according to the circumstances and the gravities. However, sometimes, the damages may be contributed by an action of the injured person, in this case the action of the injured person will be determined for compensation (Section 438 and 442 of CCC).
All personal injury lawsuits must be filed to Court within 1 year from the date of tort AND the person who is bound to the compensation became known to the injured person OR ten years from the date of tort was committed. But, if the action is also a criminal case, the longer prescription shall apply Section 448 of CCC). Longest prescription of criminal case under the Criminal Code of Thailand is 20 years. Best check out with your tort lawyer for prescription!
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