Commercial Case Adjudication Act Article 5

When a civil court determines that all or part of a case is a commercial case of this Act and it has no jurisdiction over the case, the court shall rule ex officio, or on a petition, to transfer the case to the Commercial Court. If all, or part, of an action falls under commercial litigation cases as described in Paragraph 2 of Article 2, as a result of a change, an additional claim, or a counterclaim interposed in an action, the opposing party may petition for the case to be transferred by ruling to the Commercial Court.In the case described in the preceding paragraph, if the civil court has delivered a final judgment on the case, no further transferal is allowed. A ruling denying the motion for transfer is not appealable.Prior to delivering the ruling, as described in Paragraph 1, by the civil court, parties, or related parties, shall be given the opportunity to state their cases before the court. However, if the court deems this inappropriate, this rule does not apply.When the ruling on the transfer is final, the Commercial Court is bound by such a ruling and may not transfer the case to another court.After the civil court delivers a final judgment on the said commercial case, the higher court shall not reverse the said judgment based on the grounds of violation of exclusive jurisdiction.