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ดุลพาห

such as the agreement being in writing or evidenced in writing, in a particular form
that accords with practices between the parties or trade usage, or made by electronic

means providing a durable record of the agreement. Article 25 (1) further states that
a choice-of-court agreement is presumed to be exclusive unless the parties agreed

otherwise and the substantive validity of the agreements is governed by the law of the
member state of the designated court. Article 25 (4) provides special rules for three

categories of weak parties, including insured persons, consumers, and employees. It
stipulates that a choice-of-court agreement will have no legal force if it is contrary

to mandatory rules in Articles 15, 19 or 23, which regulate insurance, consumer
contracts and employment contracts, respectively. Also, the agreement cannot be

used to exclude the courts having exclusive jurisdiction by virtue of Article 24.

8. Protection of weak parties

(1) The current state of Thai law

Although the CPC contains no provisions that give special protection to

economically weak parties, the Consumer Case Procedure Act B.E. 2551 (2008) and
the Act for the Establishment of and Procedure for Labor Court B.E. 2522 (1979)

were enacted to protect the interests of consumers and employees generally viewed
as being especially vulnerable. With respect to a dispute between a consumer and a

business operator, Section 17 of the Consumer Case Procedure Act requires a business
77

77. Section 17 of the Consumer Case Procedure Act, B.E. 2551 (2008):
“In the case where a Business Operator is going to take a legal action against a Consumer as a
Consumer Case, and the former is entitled to submit a case to the Court within the territorial jurisdiction
of which the Consumer is domiciled or to other court as well, the Business Operator shall submit the
case only to the Court within the territorial jurisdiction of which the Consumer is domiciled.”

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