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ดุลพาห

(b) International jurisdiction
Japanese courts have explicit international jurisdiction over a case where

the defendant enters an appearance. Article 3-8 of the JCCP provides that “if the
defendant presents an oral argument on the merits of the case or enters a statement

in preparatory proceedings without entering the affirmative defense that the Japanese
courts lack jurisdiction, the courts have jurisdiction.”

Similarly, the entry of an appearance by the defendant also serves as a
jurisdictional basis for a court of a member state under the Brussels I (recast) unless

the appearance was entered to contest the jurisdiction . Article 26 provides that
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“apart from jurisdiction derived from other provisions of this Regulation, a court of a

Member State before which a defendant enters an appearance shall have jurisdiction.
This rule shall not apply where the appearance was entered to contest the jurisdiction,

or where another court has exclusive jurisdiction by virtue of Article 24.”

4. Jurisdiction based on the nationality or domicile of the plaintiff,
and the presence of the defendant’s property

(1) The current state of Thai law

As a general principle under Section 4 (1) of the CPC, the courts where the
cause of action arises and the courts where the defendant has domicile have

jurisdiction to adjudicate an action filed by the plaintiff. However, the 1991
amendment to the CPC extended the jurisdiction of the court beyond the scope of

general jurisdiction based on the domicile of the defendant. It also established a new
jurisdictional ground based on the plaintiff’s nationality and domicile, enabling a

plaintiff to sue a defendant domiciled abroad if the plaintiff has Thai nationality or
is domiciled in Thailand . The policy objective of this amendment was to provide
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better protection and easier access to justice for Thai citizens. Section 4’s first

56. Hartley, “International Commercial Litigation,” 100.
57. Ariyanuntaka, “Problems Respecting Jurisdiction,” 43.

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