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ดุลพาห

As for tortious matters, the grounds of international jurisdiction should
depend on the place of tort, including the place where the wrongful act was committed

and the place where the damage was incurred. However, this should be confined by
a foreseeability requirement to exclude some circumstances where the defendant

could not reasonably have foreseen. For example, a case where a wrongful act was
committed in a foreign country, but its consequence in Thailand was not ordinarily

foreseeable, should be precluded .
112
(3) Elimination of exorbitant grounds of jurisdiction

Jurisdictional grounds based on the nationality and domicile of the plaintiff
are widely considered exorbitant and unjustified due to insufficient connection .
113
Accordingly, general jurisdiction based on Thai nationality and the domicile of the
plaintiff under Section 4 ter of the CPC should be repealed. The aim of this section

is to give Thai people a way to sue at home by enabling the Thai courts to extend
jurisdiction over a foreign defendant, even if there is no strong link between the forum

and the dispute, and little possibility exists for enforcing a judgment locally due to
the absence of the defendant’s property in the Thai territory. Although the purpose

of this section is understandable, it disregards the interests of the defendant and the
possibility of enforcing a judgment. In order to balance between the policy interests

aiming to protect Thai people and the interests of non-resident defendants, Section
4 ter should be replaced by more restrictive rules using the situs of the defendant’s

property as a jurisdictional basis rather than the plaintiff’s nationality or place of
domicile. The new scheme should allow the Thai courts to assert jurisdiction only in

a circumstance where the defendant’s property is located in Thailand. As Principle
2.2 of the ALI / UNIDROIT Principles of Transnational Civil Procedure suggests,

112. See supra n. 53.
113. See Chumphorn Pachusanond, “Khokid bangprakarn kiawkub karnkhudkun haeng khed amnajsarn
khong prathedthai nai thassana khong khodmhai rawang prathed phanak khadee bhukkhon” [Observations
on Conflicts of Jurisdiction in Thailand from Private International Law Perspective], Chulalongkorn
Law Journal 17, no.1 (1997): 52-58.

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