The Court of Appeal for Specialized Cases

The Court of Appeal for Specialized Cases 1

The Court of Appealfor Specialized Cases

2 The Court of Appeal for Specialized Cases


Preface

According to the promulgation of the Civil Procedure Code Amendment Act (No. 27) B.E. 2558 (2015) which has come into force since November 8, 2015, the Supreme Court shall have the power to consider whether cases submitted for the dika appeal to the Supreme Court deserve the permission for the adjudication by the Supreme Court. This results in the change of the appeal and dika appeal systems in the Civil Procedure Code of Thailand from a right-based system to a permission-based system. If the Supreme Court does not permit the dika appeal, a judgment or an order rendered by the Court of Appeal is final. As a result, the adjudication in the Court of Justice will truly be effective and fair to all related people without any undue delay.

Since the appeal and dika appeal systems for ordinary civil cases have already been changed, the appeal and dika appeal systems applied in all specialized courts shall, therefore, be changed in order to harmoniously organize the appeal and dika appeal systems nationwide. Consequently, the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) was enacted to strengthen the adjudication of specialized cases by judges with various expertise with expediency, uniformity, and conform to the new appeal and dika appeal systems for ordinary civil cases already amended by laws.

Thus, this book “The Court of Appeal for Specialized Cases” is published as the introductory information for those interested in the services of the court with the hope that this book will be beneficial to all readers.

November 2020


Contents Page

Jurisdiction of the Court 5

Authority of the President of the Court of Appeal for 7Specialized Cases in the determination of disputes regarding jurisdiction of specialized courts

Intellectual Property and International Trade Case Division 8

Tax Case Division 10

Labor Case Division 11

Bankruptcy Case Division 12

Juvenile and Family Case Division 13

Administrative Structure of the Court of Appeal 15for Specialized Cases

The Establishment of the Court of Appeal for 17Specialized Cases Act B.E. 2558 (2015)


Jurisdiction of the Court The Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) empowers the Court of Appeal for Specialized Cases to adjudicate cases appealed from specialized courts as follows:

Intellectual Property and International Trade Court; Tax Court; Labor Court; Bankruptcy Court; Juvenile and Family Court.

The Court of Appeal for Specialized Cases is divided into five divisions: Intellectual Property and International Trade Case Division, Tax Case Division, Labor Case Division, Bankruptcy Case Division, and Juvenile and Family Case Division. The Court’s inauguration was on October 1, 2016. The Court of Appeal for Specialized Cases was previously located at Rajini Road, Phra Borommaharachawang Subdistrict, Phra Nakhorn District, Bangkok, and later moved to its current location at the Government Complex Commemorating


His Majesty The King’s 80th Birthday Aniversary Building A Floor 7 - 9, Chaeng Wattana, Thungsong - Hong, Laksi Bangkok 10210.

The executives of the Court consist of the President of the Court of Appeal for Specialized Cases and five Vice Presidents of the Court of Appeal for Specialized Cases.

The adjudication of the Court of Appeal for Specialized Cases, which is conducted by a quorum of justices with specific knowledge and expertise in each area, will create uniformity in the appellate adjudication of specialized cases and promote more expediency and efficiency. Thus, the administration of justice for people who involve in the lawsuit can equally, fairly, and rapidly be performed. Such an administration of justice will foster trust and confidence in the justice process among people.

In addition, any case with an important issue that should be decided by the decision of a division meeting or an inter-division meeting, the President of the Court of Appeal for Specialized Cases may have such a case decided by a division meeting or an inter-division meeting. The meeting shall consist of Vice President of the Court of Appeal for Specialized Cases who is in charge of such relevant division and all judges in such division who are on duty. However, the number of judges attending the meeting shall not be less than two-thirds of all judges in such division. Moreover, the resolution of the meeting shall be reached by the majority vote.

For cases in which a specialized court rendered a judgment before the opening date of the Court of Appeal for Specialized Cases (on October 1, 2016), the procedure of appeal shall be in accordance with the previously applicable law. For those cases which have been already submitted for an appeal before the operation date of the Court of Appeal for Specialized Cases shall be further adjudicated in accordance with the then applicable law.


Authority of the President of the Court of Appeal for Specialized Cases in the determination of

disputes regarding jurisdiction of specialized courts

Where there is a dispute as to jurisdiction of a specialized court, whether the dispute arises in specialized courts or not, the laws for the establishment of specialized courts and procedures in specialized cases provide that such issue shall be submitted to the President of the Court of Appeal for Specialized Cases for a ruling. Such ruling shall be final. If such ruling of the President of the Court of Appeal for Specialized Cases leads to the change of the jurisdiction of the case, the originating court shall transfer the case to such court and it shall be considered that the proceedings which had already been performed in the originating court shall remain intact, except the receiving court shall render otherwise for the interest of justice.

Each year, there are significant numbers of cases requiring such rulings by the President of the Court of Appeal for Specialized Cases, so that the cases shall be adjudicated by courts with proper jurisdictions.


Intellectual Property and International Trade Case Division

Due to the complexity and special characteristics of intellectual property and international trade cases which are different from ordinary civil and criminal cases, the Intellectual Property and International Trade Case Division was therefore established in the Court with the purpose of adjudicating cases submitted for the appellate review of a judgment rendered by the Central Intellectual Property and International Trade Court under the adjudication of a quorum of justices who have specific knowledge and insight about intellectual property and international trade cases. With all these reasons, the administration of justice for people will be fair, expeditious, and more effective.

The Intellectual Property and International Trade Case Division consists of one Vice President of the Court of Appeal for Specialized Cases responsible for works in the division and a quorum of justices who have specific knowledge, expertise, legal experiences and adjudication background on intellectual property and international trade cases. The Intellectual Property and International Trade Case Division is empowered to adjudicate civil and criminal cases regarding intellectual property and international trade by reviewing a judgment or an order of the intellectual property and international trade court in both factual issues and legal issues appealed by parties.


Types of Cases Filed to the Court

Criminal cases relating to intellectual property, such as criminal cases regarding trademarks, copyrights and patents; and criminal cases regarding offences of trade under Sections 271 - 275 of the Criminal Code;

Civil cases relating to intellectual property, such as civil cases regarding trademarks, copyrights, patents and cases arising from agreements on technology transfers or licensing agreements;

Civil or criminal cases relating to a dispute in design of integrated circuit, scientific discovery, trade name, geographical indication showing the place of origin of a product, trade secret and the protection of new varieties of plants;

Civil cases relating to international trade, such as civil cases regarding international sale, exchange of goods or financial instruments, provision of international services, international carriage, insurance and other related juristic acts; civil cases regarding letter of credit and trust receipt, including insurance relating to such enterprises; civil cases regarding arrest of ships, dumping and subsidy of goods or services from abroad;

Civil or criminal cases which are under the jurisdiction of the Court of Appeal for Specialized Cases as prescribed by law.


Tax Case Division The characteristics of tax cases are different from ordinary civil cases, i.e., tax cases are mostly about a dispute between government agencies and private sectors due to the assessment or collection of tax and revenue operated by public officers. Moreover, tax cases are complex in terms of a large number of provisions of laws and academic principles, such as principles of economics, economic systems, intellectual properties, involving in the case. The collection of tax and revenue is also the primary source of income of the state. Therefore, these cases must be adjudicated by justices who have specific knowledge and insight on tax laws in order to adjudicate tax cases with expediency, correctness and fairness.

Types of Case Filed to the Court

The Tax Case Division in the Court of Appeal for Specialized Cases is empowered to adjudicate the appellate review of a judgment or an order of the tax court on civil cases as follows:

(1) Cases with respect to appeals against any decision of any competent officer or the committee relating to any taxation law;

(2) Cases with respect to claims by the state over tax and revenue debts;

(3) Cases with respect to tax refunds;

(4) Cases with respect to rights or duties incurred under a commitment made for the purpose of tax collection;

(5) Cases prescribed to be under the jurisdiction of the tax court.


Labor Case Division Labor cases are different from ordinary civil and criminal cases because they are about disputes between employers and employees according to the employment agreement; or rights of employers and employees under the law on labor protection and the law on labor relations. Therefore, the appellate review of a judgment or an order relating to such disputes should be adjudicated by justices who have specific knowledge and insight on labor problems in order to adjudicate labor cases expediently, correctly and fairly.


The Labor Case Division in the Court of Appeal for Specialized Cases is empowered to adjudicate the appeal of cases on the employment, rights and duties under labor laws, i.e., the law on labor protection, the law on labor relations, the law on labor’s compensation, the law on social security, submitted for the appellate review of a judgment or an order of a court of first instance, such as

Cases regarding a dispute over rights and duties under an employment agreement or under the collective agreement concerning the state of employment;

Cases regarding a dispute over rights and duties according to the law on labor protection or the law on labor relations;

Cases where the rights must be exercised through the court under the law on labor protection, the law on labor relations;

Cases of appeal against a decision of the competent official under the law governing labor protection of the Labor Relations Committee or the Minister of Labor under the law governing labor relations;


Cases arising from the ground of wrongful acts between the employers and the employees in connection with a labor dispute or in connection with the performance of work under an employment agreement;

Labor disputes which the Minister of Labor requests the labor court to decide in accordance with the law on labor relations.

Bankruptcy Case Division The Bankruptcy Case Division in the Court of Appeal for Specialized Cases was established with the purpose to adjudicate bankruptcy cases which are different from ordinary civil cases. These cases shall be adjudicated by a quorum of justices who have specific knowledge and insight on the law on bankruptcy in order to adjudicate cases expediently, correctly and efficiently.


The Bankruptcy Case Division in the Court of Appeal for Specialized Cases is empowered to adjudicate bankruptcy cases, including civil cases in connection with such cases, according to the law on bankruptcy. This division is also empowered to adjudicate the appellate review of criminal cases with an offence prescribed in the law on bankruptcy.


Juvenile and Family Case Division

The Juvenile and Family Case Division is empowered to adjudicate the appellate review of a judgment or an order rendered by a juvenile and family court in accordance with the Civil Procedure Code or the Criminal Procedure Code on the appeal process, as the case may be, mutatis mutandis. However, an appeal is prohibited in the case where the juvenile and family court has rendered the judgment or order prescribing any measures for child or juvenile as follows:

(1) to apply a measure under Section 74 (1) and (5) of the Criminal Code;

(2) to apply a measure for child or juvenile under Section 142 of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010) except in the case where the application of the measure for child and juvenile under the judgment or order is to entrust the child or juvenile into custody for training exceeding three years; or

(3) to apply a measure for child or juvenile under Section 143 of Juvenile and Family Court and Procedure Act B.E. 2553 (2010) except in the case where the maximum period for such training exceeds three years.

(According to Section 180 of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010))

For cases which are prohibited to appeal, if the Chief Justice of the Central Juvenile and Family Court or a Chief Judge of the Juvenile and Family Court or Chief Judge of Juvenile and Family Division in the Provincial Court deems that the matters decided are of sufficient importance to justify their submission to the Court of Appeal for


Specialized Cases and permits the appeal, the Court shall accept such appeal for adjudication. (According to Section 181 of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010))


The Juvenile and Family Case Division in the Court of Appeal for Specialized Cases is empowered to adjudicate the appellate review of a judgment or an order rendered by a juvenile and family court for cases as follows: (1) Criminal cases with an offence committed by a child or juvenile;

(2) Criminal cases transferred by the court having jurisdiction over the ordinary case under Section 97 paragraph one of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010);

(3) Family cases;

(4) Well-being protection cases; and

(5) Other cases that, under the law, shall be tried by a juvenile and family court.

(According to Section 10 of the Juvenile and Family Court and Procedure Act B.E. 2553 (2010))


Justice Pavana Sugandhavanij President of the Court of Appeal for Specialized Cases

Justice Suwat WaiyupattanateeVice President of the Court of Appeal forSpecialized Cases (Tax Case Division)

Justice Chaiyos OranonsiriVice President of the Court of Appeal

for Specialized Cases(Intellectual Property and International

Trade Case Division)

Justice Adisak SontanaratVice President of the Court of Appeal

for Specialized Cases (Bankruptcy Case Division)

Justice Suwit PornpanichVice President of the Court of Appeal

for Specialized Cases(Juvenile and Family Case Division)

Justice Pongratana CruecrinVice President of the Court of Appeal for Specialized Cases (Labor Case Division)

Administrative Structure of the Court of Appeal for Specialized Cases


Judge Eisara WannasawataResearch Judge of the Court of Appeal for

Specialized Cases acting Secretary of the Court of Appeal for Specialized Cases

Judge Watchara NeitivanichDeputy Secretary of the Court of Appeal for

Specialized Cases

Judge Benjawan TangsatapornpanJudge of the Office of the President of the Supreme Court acting Judge in

the Research Division of the Court of Appeal for Specialized Cases

Judge Thanasorn SutthibodeeJudge in the Research Division of the Court of

Appeal for Specialized Cases

Mrs. Kulphassorn RatarpaDirector of the Administrative

Office of the Court of Appeal for Specialized Cases


The Establishment of the Court of Appeal for Specialized Cases Act

B.E. 2558 (2015)____________________

BHUMIBOL ADULYADAJ, REX.Given on the 4th Day of December, B.E. 2558;

Being the 70th Year of the Present Reign

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that: Whereas it is expedient to establish the court of appeal for specialized cases, Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the National Legislative Assembly, as follows:

Section 1. This act shall be called “The Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015)” Section 2. This Act shall come into force from the date following the date of its publication in the Royal Gazette.


Section 3. In this Act : “Specialized Cases” means (1) intellectual property and international trade cases under the law on the Establishment of Intellectual Property and International Trade Court and Intellectual Property and International Trade Case Procedure; (2) tax case under the law on the Establishment of Tax Court and Tax Case Procedure (3) cases that fall within the jurisdiction of labor court under the law on the Establishment of Labor Court and Labor Case Procedure; (4) bankruptcy case under the law on the Establishment of Bankruptcy Court and Bankruptcy Case Procedure; (5) juvenile and family case under the law on the Establishment of Juvenile and Family Court and Juvenile and Family Case Procedure

“Specialized Courts” means (1) Intellectual Property and International Trade Court under the law on the Establishment of Intellectual Property and International Trade Court and Intellectual Property and International Trade Case Procedure; (2) Tax Court under the law on the Establishment of Tax Court and Tax Case Procedure (3) Labor Court under the law on the Establishment of Labor Court and Labor Case Procedure; (4) Bankruptcy Court under the law on the Establishment of Bankruptcy Court and Bankruptcy Case Procedure; (5) Juvenile and Family Court under the law on the Establishment of Juvenile and Family Court and Juvenile and Family Case Procedure


Section 4. The Court of Appeal for Specialized Cases shall be established as an appellate court under the Law for the Organization of the Court of Justice. The date on which it shall be inaugurated date shall be proclaimed by Royal Decree. Section 5. The Court of Appeal for Specialized Cases shall have jurisdiction over an appeal against a judgment or an order of specialized courts. The following divisions shall be established in the Court of Appeal for Specialized Cases; (1) Intellectual property and international trade case division adjudicating an appeal against a judgment or an order of the Intellectual Property and International Trade Court (2) Tax case division adjudicating an appeal against a judgment or an order of the Tax Court; (3) Labor case division adjudicating an appeal against a judgment or an order of the Labor Court; (4) Bankruptcy case division adjudicating an appeal against a judgment or an order of the Bankruptcy Court; (5) Juvenile and family case division adjudicating an appeal against a judgment or an order of the Juvenile and Family Court Section 6. In the Court of Appeal for Specialized Cases, there shall be one President of the Court of Appeal for Specialized Cases and five Vice Presidents of the Court of Appeal for Specialized Cases. The President of the Court of Appeal for Specialized Cases, Vice President of the Court of Appeal for Specialized Cases and judges in such court shall be graciously appointed by His Majesty the King from Judges under the Law on Judicial Service, who have the knowledge and expertise relating to specialized cases.


Section 7. In a case with important issue that should be decided by the decision of a division meeting or an inter-division meeting, the President of the Court of Appeal for Specialized Cases may have such case decided by a division meeting or an inter-division meeting. Such meeting in paragraph one shall comprise Vice President of the Court of Appeal for Specialized Cases who is in charge of such relevant division and all judges in such division who are on duty. The number of judges attending the meeting shall not be less than two-thirds of all judges in such division. The President of the Court of Appeal for Specialized Cases, or an assigned Vice President of the Court of Appeal for Specialized Cases shall be presiding over the meeting. The decision of the meeting under paragraph one shall be reached by majority vote and if the votes are equal, chairperson shall give the casting vote. Section 8. Any legal provisions that apply to the Court of Appeal, the President of the Court of Appeal, Vice President of the Court of Appeal and judges in the Court of Appeal shall be applicable to the Court of Appeal for Specialized Cases, the President of the Court of Appeal for Specialized Cases, Vice President of the Court of Appeal for Specialized Cases and judges in such court mutatis mutandis respectively, except only when such legal provisions indicate that they shall only apply to the Court of Appeal, the President of the Court of Appeal, Vice President of the Court of Appeal and judges in the Court of Appeal. Section 9. All judgments and orders rendered by specialized courts prior to the Court of Appeal for Specialized Cases’ inauguration date shall be appealed to the court that has appellate jurisdiction over cases appealed from such specialized court before this Act comes into force. Legal provisions that are effective before this Act comes into force shall apply to the adjudication of such appellate court.


All specialized cases that are under adjudication in any appellate court before the Court of Appeal for Specialized Cases’ inauguration shall be adjudicated by such appellate court in accordance with law on establishment and procedure of such specialized courts

Section 10. The President of the Supreme Court shall be in charge of this Act.

Countersigned by General Prayut Chan-o-cha Prime Minister

The Court of Appeal for Specialized Cases

Documents

Transcript of The Court of Appeal for Specialized Cases