Page 128 - Introduction to Investment Laws in Thailand

arguments and evidence brought before the court. Judges are not
empowered to request additional facts and evidence on their own accord.
Natural and juridical persons having Thai nationality, as well as those
domicile in Thailand, can file a lawsuit against any defendant. Non-
nationals and non- domiciled persons and entities can sue defendants
legally domiciled in Thailand. Foreign nationals or entities who initiate
the lawsuit can be represented by a Thai lawyer. The foreign litigant may
reserve personal appearance only when required by the court to give
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testimony against the contending party .
6.1.2.1 Ordinary civil cases

In general, the case starts at the Court of First Instance. The
plaintiff of a civil case may submit the plaint to the provincial Court or
Kwaeng Court within the territorial jurisdiction of which the defendant is
domiciled or to the provincial Court or Kwaeng Court within the
territorial jurisdiction of which the cause of action arose. If the case is
within the competence of Kwaeng Court but there is no Kwaeng Court in
the province, the Provincial Court is competent to try the case. If a party
does not agree with the decision of the Court of First Instance, the party
can appeal the decision to the Court of appeal.

In 2015 the appeal and the Dika appeal system for ordinary civil
cases was modified by the law. The judgment rendered by the Court of
Appeal is final. Civil cases can be appealed to the Supreme Court (dika)
only by permission of the Supreme Court.

The Civil Procedure Code Section 247, Paragraph 1 stipulates
that “the petition of the judgment or order of the Court of Appeal may be
done when permission has been granted by the Supreme Court”. Paragraph
2 further stipulates that “the application for the permission to present a
petition shall be done by submitting a claim together with the petition to
the Court of First Instance who issued the judgment or order in such case

152 Siam Legal International, Litigation in Thailand, accessed on 12 July 2021,
https://www.siam-legal.com/litigation/litigation-in-thailand.php

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