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ดุลพาห

the defendant is domiciled in Thailand or the cause of action arose in Thailand .
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(2) International comparison

A choice-of-court agreement is generally recognized in most countries. Under
Japanese law, the parties have the freedom to select the forum, including Japanese

and foreign courts, provided that the choice-of-court agreement is made with respect
to a specific legal relationship in writing or by means of electronic records pursuant

to Article 3-7(1)(2) of the JCCP. The chosen court is not required to have any
specific connection with the parties or the dispute. However, a choice of foreign court

agreement is not permitted if the case in question is subject to the exclusive
jurisdiction of the Japanese courts under Article 3-5 and 3-10 . Furthermore, in order
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to guarantee the parties’ right to a fair trial, the agreement on exclusive jurisdiction of
a foreign court cannot be invoked if the agreed court is unable to exercise jurisdiction

either by law or in fact . In addition, Article 3-7(5)(6) of the JCCP provides special
76
rules in consumer contracts and labor disputes to give special protection to consumers

and employees, who are generally regarded as having less bargaining power.

As for the EU, Article 25 of the Brussels I (recast) contains detailed rules

for a choice-of-court agreement. A choice-of-court agreement conferring jurisdiction
on the court of the EU member state is generally recognized, regardless of the

parties’ domicile. Similar to Japanese law, the regulation does not require specific
connections between the chosen court and the parties or dispute. Article 25 (1) and

(2) lay down substantive rules on the formal validity of a choice-of-court agreement,

74. For further discussion on this problem, See Somchai Teekautamakorn, “Pramuan khodmhai vithi
picharana kwampaeng phak 1 bot thuapai” [Code of Civil Procedure Division I General Provisions].
Bangkok: Pholsiam Publishing, 2012, 45. See also Lorenz & Partners, “Validity of Clauses concerning
Choice of Law, Place of Jurisdiction and Arbitral Awards in International Contracts in Thailand,”
L&P News Letter No. 42 (EN), September 21018, https://www.lorenz-partners.com/download/thailand
/NL042E-Validity-of-Clauses-in-International -Contracts-Sep18.pdf.
75. Nishitani, “International Jurisdiction of Japanese Courts,” 264-265.
76. Article 3-7 (4) of the JCCP.

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