Commercial cases
Commercial cases in Thailand are legal disputes that arise in the context of business activities, typically involving commercial contracts, trade, transactions, corporate governance, and other business-related matters. These cases are handled under the framework of Thai commercial law, particularly the Civil and Commercial Code, which governs many aspects of commercial transactions in Thailand.

In addition to the Civil and Commercial Code, some commercial cases may fall under specific laws, such as the Bankruptcy Act, Competition Act, Consumer Protection Act, and Intellectual Property laws, depending on the nature of the dispute.

Key Types of Commercial Cases in Thailand

Contractual Disputes:

• Commercial contracts are a major source of disputes in business relationships. These contracts may involve sales of goods, service agreements, partnership agreements, distributorship agreements, or franchise contracts.
• Disputes often arise when one party believes the other has breached the terms of the contract, failed to deliver goods or services, or failed to meet payment obligations.

Corporate Governance and Shareholder Disputes:

• Disputes between shareholders, directors, or management of a company may lead to corporate governance cases. Common issues include mismanagement, breaches of fiduciary duty, corporate fraud, and disagreements over company decisions.
• Minority shareholders may initiate legal action if they believe their rights are being oppressed by the majority shareholders or management.

Debt Recovery and Collection:

• One of the most common commercial disputes involves debt recovery. Businesses or individuals may file lawsuits to recover outstanding debts owed to them.
• The process of debt recovery often includes filing a lawsuit in court, and if the debtor refuses to pay, enforcement measures such as seizure of assets or garnishment of wages can be taken.

Intellectual Property (IP) Disputes:

• IP cases are frequent in commercial law, especially in industries related to technology, entertainment, and branding. Disputes often involve issues like trademark infringement, patent rights, copyright violations, or unfair competition.
• Thailand has specific laws to protect intellectual property, including the Patent Act, Copyright Act, Trademark Act, and Trade Secret Act. IP-related cases are typically handled by the Intellectual Property and International Trade Court.

Antitrust and Competition Law Cases:

• Cases relating to unfair competition, price-fixing, monopolistic practices, and cartels are governed by Thailand’s Trade Competition Act.
• The Office of Trade Competition Commission (OTCC) regulates anti-competitive practices. Companies engaging in anti-competitive behavior may face administrative and civil liability, including fines and damages.

Bankruptcy and Insolvency:

• Bankruptcy cases occur when a business is unable to meet its debts and must seek legal relief. This process is governed by the Bankruptcy Act.
• Businesses may file for corporate reorganization or face liquidation if they cannot settle their debts. Creditors may also file for bankruptcy against a company that owes them money.
• The Central Bankruptcy Court handles these cases, and the business may go through a reorganization process if eligible.

Labor Disputes and Employment Contracts:

• Businesses may face legal challenges from employees or former employees regarding unpaid wages, unfair dismissal, severance pay, or breach of employment contracts.
• Employment-related disputes in Thailand are usually governed by the Labor Protection Act and are handled by the Labor Court.
• Some businesses also face issues related to work permits and visa compliance for foreign employees.

Consumer Protection Cases:

• The Consumer Protection Act protects consumers from unfair business practices, including false advertising, defective products, and unfair terms in commercial agreements.
• Commercial disputes can arise if a business violates consumer rights, leading to lawsuits filed by consumers or regulatory bodies.

Real Estate and Property Disputes:

• Disputes over commercial property transactions, leases, and sales are common in Thailand. Issues such as disputes over property rights, lease agreements, real estate contracts, and construction agreements can result in commercial litigation.
• The Land Code and Civil and Commercial Code govern property-related disputes, while specific laws address land ownership by foreigners.

Franchise Disputes:

• Franchise agreements often lead to commercial disputes, especially if one party feels the other has violated the terms of the agreement or the franchisee fails to pay royalties or meet performance standards.
• Disputes may also involve the termination of franchise agreements or disagreements over the operation and management of a franchise.