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ดุลพาห

international practice. The law of jurisdiction for Thailand has not been appropriately
adapted to the era of globalization and rapid technological innovation. Jurisdictional

rules in the CPC remain simple and without specific rules or further clarifications.
The Code and court precedents give little guidance by which one might determine

whether international jurisdiction will be assumed. Also, the rules of establishing
jurisdiction, in general, are highly favorable to the position of the plaintiff. They do

not sufficiently recognize various interests underlying the principles of jurisdiction or
the special nature of international jurisdiction. This may lead to problems concerning

the international reputation of Thai courts and non-recognition of Thai judgments
based on exorbitant grounds of jurisdiction. Therefore, the CPC should be amended

to provide a new legal framework for international jurisdiction based on legal certainty
and predictability considerations. In order to enhance legal certainty, precise and

sophisticated jurisdictional rules for each specific type of international litigation
should be created, while exorbitant grounds of jurisdiction need to be reviewed.

Furthermore, specific rules concerning a choice-of-court agreement, exclusive
jurisdiction, as well as procedures for international parallel litigation should be

prepared from the view of coordination with foreign legal orders and international
business practices. In this regard, legal developments in foreign countries and at the

international level provide very valuable guidance in developing proposals for the
reform of Thai law. It is hoped that the new framework for international jurisdiction

will contribute to the achievement of fair, efficient, and speedy trials under the
National Reform Plan.

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