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ดุลพาห

in Bangkok if the cause of action in the dispute occurs in a Thai vessel or
airplane outside the Thai territory, irrespective of the defendant’s domicile.

However, since there is no further explanation on the determination of
jurisdiction over contractual claims at the statutory level, this issue is largely left

to the judiciary to decide on a case-by-case basis through interpretation of the
“cause of action” and the place where it occurs. According to Thai case law,

the place where a cause of action occurs in relation to contractual claims
generally points to the place where the contract was made . Under Thai
37
contract law, the contract is made where the offeror receives acceptance . Where
38
the contract is made through instantaneous or near-instantaneous means of

communication such as telephone and fax, either the place where the offer is made or
the place where the acceptance is made can be considered the place where the cause

of action occurs . Furthermore, a series of Supreme Court decisions have expanded
39
the scope of the place of the cause of action to include the place of performance of

the obligation where the breach of which gives rise to the claim . It can be seen
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from the case law that the Thai courts appear to have international jurisdiction over

a claim in contractual matters where the contract was made within Thailand and/or
the place for performance of contractual obligation in question is within Thailand.

(b) International comparison
In many countries, international jurisdiction over disputes concerning

contracts is conferred on the court for the place of performance of the obligation.
For instance, Japanese law prescribes the grounds of international jurisdiction in

contractual disputes based on the place of performance. Article 3-3 (i) of the JCCP

37. See e.g., Supreme Court Dika no. 8947/2547 (2004), Supreme Court Dika no. 4687/2553 (2010).
38. Sections 356 and 361 of the Thai Civil Code.
39. Supreme Court Dika no. 269/2543 (2000).
40. Supreme Court Decision no. 2916/2548 (2005) See Pairoj Wayupap, “Khodmhai vithi picharana
kwampaeng phak 1 bot thuapai” [Civil Procedure Division I General Provisions] 5th ed. Bangkok:
Krungsiam Publishing, 2017, 44.

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