Page 15 - ดุลพาห เล่ม3.indd

ดุลพาห

connected. In many cases, the applicable law predominantly depends on which
8
state’s court asserts jurisdiction over the case and on which grounds the jurisdiction

is established . However, the National Reform Plan has not provided any concrete
9
guidelines concerning how jurisdictional rules in international disputes should be

developed. This issue is left to the judiciary, the legislature, and relevant government
agencies to decide in the subsequent implementation stage. The purposes of this

article are to find a suitable approach towards the exercise of international
jurisdiction by Thai courts over civil and commercial disputes with foreign elements

and to propose a set of guidelines which could serve as a source of reference for
future deliberations.

Part II illustrates the main features of jurisdictional rules in Thailand through
a comparative analysis. In order to highlight the characteristics of international

jurisdiction, the jurisdictional laws of Japan, the European Union (“EU”), and
several other countries as well as international principles such as the 1999 Preliminary

Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial
Matters (“1999 Draft Hague Convention”) and the ALI / UNIDROIT Principles of

Transnational Civil Procedure are comparatively examined. Part III identifies
10
the interests of parties, the forum and international society which should motivate

jurisdictional rules, and courts’ practices. Part IV suggests a path to the reform and
modernization of international jurisdiction in civil and commercial matters. Part V

concludes the article with a number of remarks.

8. Mary Keyes, “A Critical Analysis of Jurisdiction in International Litigation,” (Ph.D. diss., Griffith
University, 2004), 405.
9. Jurcys, “Jurisdiction in Intellectual Property Disputes,” 175.
ê
10. The ALI / UNIDROIT Principles of Transnational Civil Procedure are jointly proposed by the American
Law Institute (ALI) and the International Institute for the Unification of Private Law (UNIDROIT)
to be standards for adjudication of transnational commercial disputes. The aim of the Principles is to
reconcile differences among various national rules of civil procedure, taking into account the peculiarities
of transnational disputes as compared to purely domestic ones.

4 เล่มที่ ๓ ปีที่ ๖๕