What remedies exist for a breach of a distribution agreement with a supplier in Thailand, and can I seek interim relief?
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SPECTER CK & PARTNERS
SPECTER CK & PARTNERS
บริษัท บ้านทนาย ลอว์ เฟิร์ม จำกัด Bantanai Law Firm Co.,Ltd.
Thailand Family Law Partners (TFL)
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
Thailand Family Law Partners (TFL)
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
Thailand Family Law Partners (TFL)
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
Lexiam Law
L&M Lawyer and Consulting office
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:
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).
Remedies: You may seek Specific Performance to force compliance or, more commonly, sue for Damagesresulting from late deliveries and price fluctuations.
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.
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).
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?
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