When contracts are signed between companies in Thailand, sometimes conflicts arise from a breach of the agreements’ provisions. The Thai state allows entrepreneurs several options to solve their disputes, which vary in terms of costs and duration. Arbitration and mediation in Thailand are quite popular alternative options to litigation, which is a dispute resolution method involving court presentation. Our law firm in Thailand provides to clients legal counseling and assistance in conflictual business situations, relating to breaches of agreement.
Law governing contractual breaches in Thailand
The Thai Civil and Commercial Code TCCC provides the rules for the conclusion of an agreenent and the general provisions which need to be included in one. The Law includes as well the provisions to be followed in case of a breach of contract, and the authorities which are entitled to deal with conflictual situations in commercial issues. The regulations of the Thai Commercial Code were inspired from the legal systems in other countries such as Germany and Japan, which allows foreign investors in Thailand to be somehow at home with the contractual legislation in this country.
The matters which can make the objects of a contractual dispute in Thailand depend on the type of service for which the agreement has been concluded. You might need the help of one of our attorneys in Thailand in order to sort out a breach in a loan agreement or licensing agreement but also for any other type of purchase-sale agreements.
Solving contract disputes in Thailand
Some contractual disputes can be anticipated and specific clauses can be included in a contract, stating the penalties to which parties oblige in case they don’t respect the terms of the agreement. When the contracts’ provisions have been neglected or infringed, the party affected can initiate a termination of the contract. A notice must be given to the other party, and a mediator can be employed in order to give a solution to the case.
In case the mediation or the arbitration does not succeed in resolving the dispute, the affected party may claim its rights by appealing to a local court. In a litigation process, a business entity will need to be represented by a lawyer. One of our attorneys in Thai can help you organize your evidence and defend your claims in court.
Feel free to contact our law firm in Thailand in order to help you determine which dispute resolution method is more appropriate for your particular case.