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ดุลพาห

persons, leaving the courts of each member state to apply national law to determine
the domicile of a natural person defendant . On the other hand, the definition of
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domicile for a legal person is laid down in Article 63. It provides that a company or
other legal person or association of natural or legal persons is domiciled at the place

where it has its statutory seat, central administration, or principal place of business.

3. Special Jurisdiction

The rules of special jurisdiction broaden general jurisdiction by providing
an extra option for the plaintiff to sue the defendant in a court other than that of the

defendant’s domicile. In general, special jurisdiction requires a substantial link
between the dispute and the forum.

(1) Jurisdiction relating to contracts

(a) The current state of Thai law

The CPC does not contain detailed jurisdictional rules for a claim relating
to a contract. Section 4 (1) of the CPC simply states that “the complaint shall be

submitted to … the court in which the cause of action occurs within its territorial
jurisdiction, whether or not the defendant would have a domicile in Thailand.” This

provision has been interpreted as a general principle for jurisdiction in contractual
and tortious matters, which confers special jurisdiction to the Thai court in which the

cause of action arises. This rule is intended to ensure that jurisdiction over a party
may be exercised only when there is a strong connection between the forum

and the dispute by using a “cause of action” as a point of contact. In addition,
Section 3 (1) exceptionally confers special jurisdiction on the Civil Court located

36. Article 62 of the Brussels I (recast):
“(1) In order to determine whether a party is domiciled in the Member State whose courts are
seised of a matter, the court shall apply its internal law
(2) If a party is not domiciled in the Member State whose courts are seised of the matter, then,
in order to determine whether the party is domiciled in another Member State, the court shall apply
the law of that Member State.”

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