Establishment of a New Division in the Civil Court to Supervise Online Purchases

Establishment of a New Division in the Civil Court to Supervise Online Purchases

On 20 December 2021, the Royal Gazette published a notification of the Office of the Judicial Administration Commission regarding the establishment of a new division in the Civil Court to supervise online purchases (“Notification”), which came into effect as of 21 December 2021.

Under the Notification, “online shopping” refers to a consumer case under Section 3(1) of the Consumer Case Procedure Act B.E. 2551 (2008); a dispute subject to a complaint related to the consumption of goods or services via online or internet shopping. Said online shopping dispute must arise in: (1) the territorial jurisdiction of the Civil Court; or (2) outside the territorial jurisdiction of the Civil Court but said court has exercised its discretion to accept the case for trial and adjudication pursuant to Sections 16, paragraph 3, and 19/1 of the Law for the Organisation of the Court of Justice. Legal proceedings shall be conducted via electronic means.

Following publication of the Notification, on 7 January 2022, the Secretary-General of the Office of Judiciary pronounced a notification of the Office of Judiciary stipulating criteria, procedures and conditions with respect to trials conducted electronically for online shopping disputes. The notification contains a number of electronic procedures which facilitate the submission of pleadings and documents as well as trials conducted electronically, e.g. submission of the complaint, statement of defence, pleadings, documents, photographs, video clips and voice recordings through electronic means; following up on case development or a court order through electronic means; description of the defendant by identifying the name or profile displayed at the time the online shopping transaction was made; service of summons, case related documents or court order to parties via e-mail; electronic signature; e-Mediation; electronic transmission of judgements; and service of the writ of execution to the Legal Execution Department via electronic means.    

Online shoppers who normally purchase goods or services from leading e-Commerce platforms, such as Shopee and Lazada, are less likely to enjoy the benefits of the above Notification because said two platforms have their own dispute resolution mechanism in place. However, online shoppers who bargain online and make purchases directly with the seller via apps or online market channels will definitely benefit.