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ดุลพาห

In contrast, there is no comparable jurisdiction rule in the Brussels I (Recast) .
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General jurisdiction based on the carrying on of commercial or other activities by

the defendant in a forum state is also placed on the blacklist of prohibited grounds of
jurisdiction under Article 18 (2) (e) of the 1999 Draft Hague Convention.

6. Exclusive jurisdiction

(1) The current state of Thai law

Exclusive jurisdiction refers to the power of a court to adjudicate a case to
the exclusion of all other foreign courts. The CPC does not contain any provisions

on exclusive jurisdiction. At present, there is no Supreme Court decision clearly
identifying the exclusive jurisdiction of Thai courts.

(2) International comparison

Japanese courts have exclusive jurisdiction over three types of disputes

including matters involving Japanese corporations or other corporate legal entities
incorporated pursuant to Japanese law , registration , and the existence or
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non-existence or the validity of intellectual property rights granted and registered
in Japan .
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As for the EU, Article 24 of the Brussels I (recast) stipulates the scope of
exclusive jurisdiction for the courts of a member state, regardless of the domicile

of the parties. This covers actions concerning rights in rem of immovable property,
incorporation of companies, the validity of entries in public registers, the registration

or validity of intellectual property rights, and the enforcement of judgments.

67. Nishitani, “International Jurisdiction of Japanese Courts,” 261.
68. Article 3-5 (1) of the JCCP.
69. Article 3-5 (2) of the JCCP.
70. Article 3-5 (3) of the JCCP.

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