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The Court of Appeal for Specialized Cases

HISTORY
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, 2558 (2015),  the Supreme Court shall have the power to consider whether cases submitted for the dika appeal to the Supreme Court deserves the permission for the adjudication of the Supreme Court. This results in the change of the appeal and dika appeal system, from a right-based system to a permission-based system, in the Civil Procedure Code of Thailand. 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 of the Court of Justice will genuinely be effective and fair to all related people without any delay.

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

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 try and 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 5 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 shall be inaugurated on October 1, 2559 (2016). The Court of Appeal for Specialized Cases is located at Rajini Road, Phra Borommaharachawang Subdistrict, Phra Nakhorn District, Bangkok.

Where there is a dispute over the jurisdiction of the Intellectual Property and International Trade Court, Tax Court, Labor Court, Bankruptcy Court, Juvenile and Family Court, whether the dispute arises in such courts or other Courts of Justice, such court shall temporarily suspend the case and submit such dispute to the President of the Court of Appeal for Specialized Cases for a ruling. Such ruling shall be final.

Divisions of the Court
3.1 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.

                - Types of Cases Filed to this Division

                       (1) 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;

(2) 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;

(3) Civil or criminal cases relating to a dispute in the design of integrated circuit,  the scientific discovery, the trade name, the geographical name showing the place of origin of a product, the trade secret and the Protection of New Varieties of Plants;

(4) 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;

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

        3.2 Tax Case Division

The characteristics of tax cases are different from ordinary civil cases, i.e. tax cases are mostly about a dispute between public 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, etc., involving in the case. Tax cases are about the collection of tax and revenue which are the income of the state. Therefore, these cases must be adjudicated by justices who have specific knowledge and insight on tax problems in order to adjudicate tax cases with expediency, correctness and fairness.

                       - Types of Cases Filed to this Division

                       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 in respect to appeals against any decision of any competent officer or the committee relating to any taxation law;

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

(3) Cases in respect to tax refunds;

(4) Cases in 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.

        3.3 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.

                - Types of Cases Filed to this Division

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

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

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

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

(4) 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;

(5) 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;

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

               3.4 Bankruptcy Case Division

The Bankruptcy Case Division in the Court of Appeal for Specialized Cases was established by virtue of the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) 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.

                       - Types of Cases Filed to this Division

                           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.

3.5 Juvenile and Family Case Division

The Juvenile and Family Case Division in the Court of Appeal for Specialized Cases established by virtue of the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) is empowered to adjudicate the appellate review of a judgment or an order rendered by a juvenile and family court by applying provision of the Civil Procedure Code or the Criminal Procedure Code on the appeal process, as the case may be, mutatis mutandis. However, appeal is prohibited in the case where the juvenile and family court has rendered the judgment or order prescribing any of 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;

(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))

                       - Types of Cases Filed to this Division

The Juvenile and Family 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;

(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))

Administrative Structure of the Court of Appeal for Specialized Cases
According to The Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) Section 6 paragraph one, 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.

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

The Royal Decree Providing the Opening Date of the Specialized Court of Appeal B.E. 2559 (2016)