Thailand Civil Procedure Code-Section-2-10

TITLE II
COURTS

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CHAPTER I
JURISDICTION

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Section 2. No plaint may be submitted to any court unless:

1. after the nature of the plaint and the level of the court have been taken into consideration, it appears that such court is competent to try and adjudicate such case according to the provisions of the law governing the organisation of the court of justice; and
2. after the plaint has been taken into consideration, it appears that such case is within the jurisdiction of such court according to the provisions of this Code governing courts competent to  accept plaints and according to the  provisions of the  law determining jurisdictions

Section 3.8    For the purpose of submission of a plaint:

1. in the case where the grounds of action exist on board a Thai ship or aircraft outside the Kingdom, a civil court shall be the court having jurisdiction;
2. in the case where the defendant does not have a domicile in the Kingdom:
   1. if the defendant previously had a domicile at any place in the Kingdom within two years before the date on which the plaint is submitted, such place shall be deemed to be the domicile of the defendant;
   2. if the defendant carries out or previously carried out business, in whole or in part, in the Kingdom, whether by himself or herself or by agent or by having any person acting as a contact person for such business in the Kingdom, the place which is or was used for carrying out such business or for such contact or the place which is the residence of the agent or of the contact person on the date of submission of the plaint or within two years before such date shall be the domicile of the defendant.

Section 4.9    Unless otherwise provided:

1. a plaint shall be submitted to the court within whose jurisdiction the defendant has a domicile or to the court within whose jurisdiction the grounds of action exist, irrespective of whether the defendant has a domicile in the Kingdom or not;
2. an application shall be submitted to the court within whose jurisdiction the grounds of action exist or to the court within whose jurisdiction the applicant has a

Section 4 bis. 10 A plaint concerning immovable property or a right or benefit concerning immovable property shall be submitted to the court within whose jurisdiction such immovable property is situated, irrespective of whether the defendant has a domicile in the Kingdom or not, or to the court within whose jurisdiction the defendant has a domicile.

Section 4 ter.11 Any other plaint than those provided in section 4 bis in the case where the defendant does not have a domicile in the Kingdom and the grounds of action do not exist in the Kingdom, shall, if the plaintiff is a Thai national or has a domicile in the Kingdom, be submitted to a civil court or the court within whose jurisdiction the plaintiff has a domicile.

The plaint under paragraph one may, if the defendant has the property, whether temporarily or permanently, which may be subject to execution in the Kingdom, be submitted by the plaintiff to the court within whose jurisdiction the property is situated.

Section 4 quater.12 An application for appointment of an estate administrator shall be submitted to the court within whose jurisdiction the deceased has a domicile at the time of his or her death.

In the case where the deceased does not have a domicile in the Kingdom, the application shall be submitted to the court within whose jurisdiction the estate is situated.

Section 4 quiquies.13 An application for revocation of the resolution of a meeting or general meeting of a juristic person, an application for dissolution of a juristic person, an application for appointment or removal of the liquidator of a juristic person or any other application in relation to a juristic person shall be submitted to the court within whose jurisdiction the principal office of such juristic person is situated.

Section 4 sexies. 14  An application in relation to property in the Kingdom, an application that, if granted by a court order, will result in any administration or dismissal of any administration of property in the Kingdom, shall, in the case where the grounds of action do not exist in the Kingdom and the applicant does not have a domicile in the Kingdom, be submitted to the court within whose jurisdiction such property is situated.

Section 5.15 A plaint or an application which may be submitted to two or more courts because of either the domicile of the person, the location of the property, the place where the grounds of action exist or the several numbers of claims involved may, if the grounds of action are connected, be submitted by the plaintiff or applicant to any of such courts.

Section 6.16  Before filing an answer, the defendant shall be entitled to file a motion with the court in which the plaintiff has filed the plaint, for transfer of the case to another court having jurisdiction. Such motion shall specify the reasons why further trial of the case in that court will not be convenient or the defendant may not receive justice. The court, if it sees fit, may issue an order granting such motion.

The court shall not issue such order of grant under paragraph one unless the court to which the case will be transferred has given prior consent. If the court to which the case will be transferred refuses to give consent, the court which will transfer the case shall submit the matter to the Chief Justice of the Appeal Court for decision. The order of the Chief Justice of the Appeal Court shall be final.

Section 6/1.17 With regard to a case filed with a court of first instance which is not a civil court, before the date of settlement of issues or not less than seven days before the date of taking evidence in the case where there is no settlement of issues, if the court in which such case is pending trial views that the outcome of such case may affect the conservation or maintenance of natural resources or the environment, the protection of consumers in general or other important public interests and the transfer of the case to a civil court will ensure more efficient trial and adjudication of the case, the court shall notify the parties and present its opinion to the President of the Appeal Court for issuance of an order of transfer of the case to a civil court. The order of the President of the Appeal Court shall be final.

The transfer of the case under paragraph one shall not affect the proceedings carried out before the order of transfer has been issued, and all proceedings already carried out shall be deemed to be the proceedings of the civil court, unless the civil court  orders otherwise for the purpose of justice.

Section 7.18 The provisions of section 4, section 4 bis, section 4 ter, section 4 quater, section 4 quiquies, section 4 sexies, section 5 , section 6 and section 6 / 1 shall be subject to the  following provisions:

(1) Any plaint or application which is later submitted and in connection with a case pending trial in a court shall be submitted to that court;

(2) 19 Any plaint or application, submitted in connection with the execution of a judgement or court order, which requires a decision of the court before such execution can be completely and accurately carried out, shall be submitted to the court prescribed in section 271;

(3) With regard to a motion under section 101, if a plaint or application has already been submitted to any court, such motion shall be submitted to that court. In the case where a plaint or application has not yet been submitted to any court, the motion shall be submitted to the court within whose jurisdiction the evidence to be examined or the person or thing or place to be inspected is situated;

(4) A motion for the court to revoke or amend any order or permission given by it, a motion for the court to remove any person from the position appointed  by  it, a  motion for the court to issue an order relating to such revocation or amendment or relating to such appointment and any other application or motion submitted in connection with a case in which the court has already given judgement or order, shall be submitted to the court in the case in which the order, permission, appointment or judgement is given.

Section 8. If two cases, in which the issues are the same or very closely connected, are pending trial in two different courts of first instance having jurisdiction, and both courts have dismissed all motions submitted to them for both cases to be tried and adjudicated by one and the same court, any party may, as long as any of such courts has not yet rendered a judgement, file a request in the form of a motion with the Chief Justice of the Appeal Court for issuance of an order for either of such courts to dispose of the case pending before it from its case list or to transfer the case to the other court, as the case may be.

Any such order of the Chief Justice of the Appeal Court shall be final.

Section 9.  In the case of the preceding section, if either of such courts has already rendered a judgement and an appeal has been filed against such judgement, either party may file a request in the form of a motion with the appeal court for an order staying the trial on appeal until the other court has completely adjudicated the other case, and if the latter case is appealed, the appeal court shall give decision on both cases by one and the same judgement. If the latter case is not appealed, the provision of section 146 shall apply.

Section 10. If the proceedings cannot be carried out in a court of first instance having jurisdiction over the case due to force majeure, the party who is injured or may be injured from such incident may file the ex parte request in the form of a motion with the court of first instance within whose jurisdiction he or she has a domicile or resides, and such court shall have the power to issue any order as it sees fit for the purpose of justice.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Divorce Lawyers

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