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of domicile and jurisdiction beyond the domicile of the defendant, the rules concerning
jurisdiction over disputes with foreign elements remain unclear. To make matters

worse, the 1991 amendment eliminated the freedom of the parties in a contract to
agree on the forum where the claim should be submitted. This rule is now considered

inconsistent with international business practice, where a choice-of-court agreement
is often used . In order to improve the international litigation system in an era of
5
globalization as well as increase the legal certainty and clarity of jurisdictional rules,
the Thai government announced the National Reform Plan on Justice Administration

in April 2018 . The Plan set goals for the government to reform the international
6
jurisdiction of Thai courts, establishes clear mechanisms for the recognition and

enforcement of foreign judgments and modernizes conflict of laws rules. The Plan
7
also suggests that the rules on international jurisdiction in civil and commercial matters,

including a choice-of-court agreement under the CPC, should be reviewed to reflect
cross-border business practices and facilitate international trade. The Plan eventually

shed some light on the problem of jurisdictional issues in international litigation,
which has been a somewhat neglected subject of academic and professional attention

in Thailand. It should be emphasized that a jurisdictional dispute could have a decisive
effect on the overall resolution of international litigation due to its impact on the

parties as well as the fact that jurisdictional and choice-of-law issues are closely

5. Ariyanuntaka, “Problems Respecting Jurisdiction,” 44.
6. The National Reform Plans were approved by the cabinet and published in the Royal Gazette on April
6, 2018. The plans cover 11 key areas including justice administration, politics, public administration,
laws, economy, natural resources and environment, public health, mass media and IT, social issues,
energy, and anti-corruption. The National Reform Plans are legally binding and all state agencies are
required to implement them within five years from the date they were published in the royal gazette,
according to the National Reform Plans and Procedures Act B.E. 2560 (2017).
7. At present there are no specific provisions dealing with the recognition and enforcement of foreign
judgments in the CPC and the Conflict of Laws Act B.E. 2481 (1938). Supreme Court Dika no.
585/2461 (1918), which was heavily influenced by English law, has been cited as the only judicial
authority on this issue. See Ariyanuntaka, “Problems Respecting Jurisdiction,” 48.

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