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ดุลพาห

II. Laws and Principles of International Jurisdiction

1. Specific provisions for international jurisdiction

(1) The current state of Thai law

Currently, there is no specific provision prescribing international jurisdiction
under Thai law. The Act on Conflict of Laws B.E. 2481 (1938) lays down specific

rules on applicable law in a dispute with a foreign element, but is also silent on
jurisdictional issues. The CPC (Title II Chapter I Section 3 – Section 5) provides various

grounds for domestic territorial jurisdiction in civil and commercial matters for
Thai courts. These provisions determine local venue in a purely domestic case by

allocating the proper territorial district in Thailand where the action should be brought.
It has been thought that the same provisions are equally applicable to questions of

international jurisdiction when the action involves foreign elements such as foreign
parties, international contracts or tort claims. Accordingly, the international

jurisdiction of Thai courts is presumed to exist when there are grounds in the case
to establish domestic territorial jurisdiction as provided in the CPC. These grounds

include the defendant’s domicile , the place where the cause of action occurred ,
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the situs of the property , and the plaintiff’s nationality or domicile . Since there is
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no precise rule on which cases with foreign elements Thai courts should exercise
jurisdiction, it is left to the courts’ discretion to determine international jurisdiction

through broad and flexible interpretation of the CPC on a case-by-case basis.

(2) International comparison

The current approach of Thai courts is somewhat similar to the “reverse
presumption theory” by Japanese legal academics. According to this theory,

11. Section 4 (1) of the CPC.
12. Section 4 (1) of the CPC.
13. Section 4 sex of the CPC.
14. Section 4 ter of the CPC

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