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ดุลพาห

operator to file an action against a consumer in the Thai Court in which the
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consumer is domiciled within its territorial jurisdiction. The rule on special jurisdiction
which confers jurisdiction based the place of the cause of action does not apply to
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an action brought by a business operator against a consumer. As a result, a business

operator cannot submit the case to the court where the cause of action arose. On the
other hand, the rules on general jurisdiction and special jurisdiction under Section

4 (1) of the CPC are still applicable to an action brought by a consumer against a
business operator. Therefore, a consumer is entitled to file an action against a business

operator either with the court in which a business operator is domiciled, or
the court in which the cause of action occurred.

With regard to a dispute between an employee and an employer, Section
33 of the Act for the Establishment of and Procedure for Labor Court requires that a

complaint concerning a labor dispute be filed with the labor court within the territorial
jurisdiction of which the cause of action arose . For the purpose of filing the
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complaint, the place of work of the employee is deemed as the place where the cause

78. A business operator means “a seller, a producer for sale, a person ordering or importing the goods
into the Kingdom for sale or a person purchasing goods for resale or a person providing a service
and also includes a person operating an advertising business” according to Section 2 of the Consumer
Protection Act, B.E.2522 (1979).
79. A consumer means “a person who purchases or receives a service from a business operator or a person
who receives an offer or a solicitation from a business operator for purchasing goods or receiving a
service and includes a person who duly uses goods or receives a service from a business operator
despite no payment of remuneration on his part” according to Section 2 of the Consumer Protection
Act, B.E.2522 (1979).
80. Section 4 (1) of the CPC.
81. Section 33 of the Act for the Establishment of and Procedure for Labor Court, B.E. 2522 (1979):
“A labor plaint shall be filed with the labor court within the territorial jurisdiction of which the
cause of action arose. If the plaintiff intends to file the plaint with the labor court within the territorial
jurisdiction of which the plaintiff or the defendant has domicile, the labor court may, when the plaintiff
has proved that the trial in such labor court will be convenient, allow the plaintiff to file such plaint
as requested. For the purpose of this Section, the place of work of the employees shall be deemed as
the place where the cause of action arose.”

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