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jurisdiction may be exercised, when no other forum is reasonably available, on
the basis of presence in the forum state of the defendant’s property. However,

the court’s authority should be limited to the property or its value. Japanese law
also adopts a similar approach, which confers international jurisdiction to its courts

based on the presence of the defendant’s seizable property. Nonetheless, it confines
the scope of this jurisdictional ground by limiting the subject-matter of the claim to

the payment of money and excluding cases where the value of property is extremely
low. These laws and principles can serve as useful references for further amendment

of the CPC to prevent exorbitant grounds of jurisdiction.

(4) Restriction of jurisdiction based on the business activities of the

defendant

The emergence of globalization and information technology has made it

possible for foreign companies and individuals to carry out business in Thailand
without intermediation of a business office in Thailand. A foreign company can enter

directly into transactions with Thai people through the opening of a website and other
means of electronic commerce targeted to Thailand. When contracts are concluded

and performed online by electronic means or when torts are committed in cyberspace,
the traditional connecting factors to determine jurisdiction such as the place of

performance, the place of tort, the place of conclusion of a contract and the place
of domicile become vague due to the physical absence of transactions or defendants

in the forum . Since it is difficult to apply the existing jurisdictional principles to
115
114
internet-based activities, it is justifiable to maintain grounds of jurisdiction based on
the business activities of the defendant under Section 3 (2) of the CPC to cover business
activities conducted abroad through internet and other modes of communication.

However, Section 3 (2) appears to establish general jurisdiction, which mostly

114. Faye Fangfei Wang, Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and
China. Cambridge: Cambridge University Press, 2010, 6.
115. Section 4 (1) of the CPC.

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