Jurisdiction Over Consumer Cases Containing Foreign Elements In Thai Legal System

Abstract

This documentary research aims to study the laws on jurisdiction applicable to consumer cases containing foreign elements under the Thai legal system in terms of the ability to provide the convenience for consumers in filing process or defending themselves in courts according to the purpose of consumer protection law.

The findings show that Thai courts have jurisdiction over consumer cases containing foreign elements in the broad sense. As a result, in the case where the consumers’domiciles are in Thailand, Thai courts are entitled to hear the consumer cases, which could possibly reduce complexity and disadvantage to access the legal procedure in courts in some aspects. However, providing that those cases are under the jurisdiction of the Intellectual Property and International Trade Court, the Consumer Case Procedure Act B.E.2551 cannot be used individually or applied along with the procedure of this specialized court.

It can be suggested that the Consumer Case Procedure Act B.E. 2551 should be amended in order to clearly define the rules on jurisdiction and the effects of choice-of-court Agreement relating to consumer cases containing foreign elements. Moreover, the Act on the Establishment of and Procedure for Intellectual Property and International Trade Court B.E. 2539 should be amended in order to limit the scope of the court’s jurisdiction over some consumer cases for necessary purpose only.