Page 26 - ดุลพาห เล่ม3.indd

ดุลพาห

(2) Jurisdiction relating to tort

(a) The current state of Thai law

Jurisdiction in tort claims is determined according to Section 4 (1) of the
CPC. Analogous to contractual claims, the courts where the cause of action arose

have jurisdiction over tortious matters. Under the case law, the place of a cause
of action in relation to tort generally points to the place where the tort occurred .
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The Thai Supreme Court has interpreted the place of tort to comprise both the
place where the damage occurred and the place where the wrongful act was

committed . Consequently, tort claims can be brought in Thai courts if the
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tort occurred within Thailand.

(b) International comparison
The place of tort is acknowledged as a base for international jurisdiction in

many countries. As for the EU, Article 7 (2) of the Brussels I (recast) provides that
an action for a tort, delict or quasi-delict may be brought in the courts for the place

where the harmful event occurred or may occur. The expression “the place where
the harmful event occurred” has been understood to cover both the place where the

damage occurred and the place of the event giving rise to it . Furthermore, the laws
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of Germany , France , and the United Kingdom similarly use the place of tort as
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a jurisdictional ground in matters relating to a tort.
With respect to Japan, Article 3-3 (viii) of the JCCP provides that an action

for a tort may be filed with the Japanese courts if the place where the tort occurred

47. See e.g., Supreme Court Dika no. 2786/2540 (1997).
48. Wayupap, “Khodmhai,” 48.
49. Case C-21/76 Bear v Mines de Potasse d’Alsace [1976] ECR 1735.
50. Section 32 of the German Code of Civil Procedure.
51. Article 46 of the French Code of Civil Procedure.
52. UK Civil Procedure Rules, Rule 6.36 and Practice Direction 6B.

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