What remedies exist for a breach of a distribution agreement with a supplier in Thailand, and can I seek interim relief?

Yes, you can start by hiring an attorney to review the agreement and explore options for the next steps. We can help you with that.

Yes you can start with hire attorney to review the agreement and check with the option for next step we can help you with that

To properly analyze and assess all the options you mentioned, you will need to hire an attorney and provide all the details of the agreement. Without understanding all the details of the agreement, any answer would be neither relevant nor legally binding.

Good afternoon,

If you have a contract or emails / messages with the supplier, then please send that over for initial review.

We always advise a step-by-step approach, starting with contacting the other side and trying to get them to meet their delivery dates and price guarantees and understand why they are not doing this. If they do not fix the problem, then limited legal action is the best solution.

Please be aware that certain statutes of limitations can be as little as 3 months for certain charges, whilst others can be longer (1-10 years), so it is important to identify the correct charge according to the law.

Please contact us for more details. You can find our details on Lawzana under Thai Family Law Partners (TFL).

Regards,
Piyawat

Good afternoon,

If you have a contract or emails / messages with the supplier, then please send that over for initial review.

We always advise a step-by-step approach, starting with contacting the other side and trying to get them to meet their delivery dates and price guarantees and understand why they are not doing this. If they do not fix the problem, then limited legal action is the best solution.

Please be aware that certain statutes of limitations can be as little as 3 months for certain charges, whilst others can be longer (1-10 years), so it is important to identify the correct charge according to the law.

Please contact us for more details. You can find our details on Lawzana under Thai Family Law Partners (TFL).

Regards,
Piyawat

Good afternoon,

If you have a contract or emails / messages with the supplier, then please send that over for initial review.

We always advise a step-by-step approach, starting with contacting the other side and trying to get them to meet their delivery dates and price guarantees and understand why they are not doing this. If they do not fix the problem, then limited legal action is the best solution.

Please be aware that certain statutes of limitations can be as little as 3 months for certain charges, whilst others can be longer (1-10 years), so it is important to identify the correct charge according to the law.

Please contact us for more details. You can find our details on Lawzana under Thai Family Law Partners (TFL).

Regards,
Piyawat

Options for the remedies are likely based on the distribution agreement and compensation as per the tort law. Injunctive relief is possible and certainly based on the facts. Hiring a local lawyer is necessary. We are happy to discuss further.

To effectively address the breach of your distribution agreement, we must first analyze the specific terms of your contract. Here is an overview of your legal standing in Thailand:

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  Dispute Resolution: Your options depend on whether your contract contains an Arbitration Clause. If so, claims must be filed through an arbitral institution. Otherwise, the case will proceed to the Thai Courts (likely the IP&IT Court for distribution matters).

  
  


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  Remedies: You may seek Specific Performance to force compliance or, more commonly, sue for Damagesresulting from late deliveries and price fluctuations.

  
  


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  Interim Relief: Under the Thai Civil Procedure Code, we can petition the court for emergency injunctions or provisional measures to freeze assets or prevent further losses while the trial is ongoing.

  
  


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  Timeline & Costs: A standard commercial case in Thailand typically takes 12 to 18 months for a first-instance judgment. Court fees are generally 2% of the claim amount (capped at 200,000 THB for claims under 50M THB).

  
  


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  Representation: Yes, a local Thai attorney is mandatory for court proceedings. All pleadings must be submitted in Thai, and legal procedures follow strict local statutes.

  
  

I recommend a formal review of your agreement to identify the exact jurisdiction and the strength of your claim. Would you like to schedule a consultation to discuss the specific breach events?

Yes, you can have a law firm issue a legal notice and reach out to them for initial discussions to try to find a solution. If no solution can be reached, then a case filed with the court may be necessary.

If the supplier fails to comply with the agreed delivery schedule and price warranty conditions, and the contract expressly stipulates that such failure constitutes a breach of contract, the aggrieved party is entitled to terminate the contract. In this regard, a written notice of default and termination should be issued and delivered to the supplier, clearly specifying the details of the contractual breach, the termination of the contract pursuant to the contractual provisions, and the contractual penalty or a calculation of damages (if any).
If such notice is intended to be used as evidence in legal proceedings, it is advisable that the notice be issued by a lawyer to ensure that the contents are complete, accurate, and legally sufficient.
The available courses of action are as follows:
1. Pre-Litigation Mediation
2. Arbitration (Where Agreed Upon in the Contract)
3. Court Litigation
An application for interim relief or provisional measures prior to judgment may be filed either before or during arbitration proceedings by submitting a petition to the court having jurisdiction. Such application may also be filed during court litigation proceedings. However, interim relief cannot be requested in pre-litigation mediation proceedings.