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ดุลพาห

special circumstances, comparable to the forum non conveniens doctrine . Under
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this special circumstances test, the Japanese court may dismiss a case, even when it

has jurisdiction over it, if taking into consideration the nature of the case, the burden
to the defendant in responding to the action, the location of evidence, and any other

circumstances, and finding that there are special circumstances by reason of which
conducting a trial in Japan would impair fairness between the parties or prevent a

fair and speedy trial. This provision aims to bring about fair and appropriate results
in individual cases by giving some discretion to the courts to decline any excess of

jurisdiction .
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10. International parallel litigation

(1) The current state of Thai law

In Thailand, parallel proceedings involving the same cause of action and

the same parties are prevented by Section 173 of the CPC . However, it has been
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interpreted that this section bars only domestic parallel proceedings pending before

Thai courts. There is no statutory provision which allows the Thai court to decline
or stay the proceedings if it finds that there is parallel litigation pending in another

foreign court. Under current practice, it is highly unlikely that Thai courts would stay
or dismiss the proceedings on account of international parallel litigation.

97. Article 3-9 of the JCCP:
“Even when the Japanese courts have jurisdiction over an action (except when an action is filed
based on an agreement that only permits an action to be filed with the Japanese courts), the court may
dismiss the whole or part of an action without prejudice if it finds that there are special circumstances
because of which, if the Japanese courts were to conduct a trial and reach a judicial decision in the
action, it would be inequitable to either party or prevent a fair and speedy trial, in consideration of
the nature of the case, the degree of burden that the defendant would have to bear in responding to
the action, the location of evidence, and other circumstances.”
98. Takahashi, “Japanese Courts in a Comparative Context,” 104.
99. Section 173’s second paragraph of the CPC:
“From the date of filing a law suit, the case has been pending in the trial and in consequence thereof:
(1) it is prohibited that the plaintiff files the same plaint with the same Court or other Courts.”
The expression “the same Court or other Courts” has been interpreted to denote only Thai courts.

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