Sanction Tracker – Russia
As part of our compliance and international trade practice, we strongly encourage all of our clients and other interested parties to take appropriate measures to determine if they are directly or indirectly doing business with any party subject to the sanctions that have been imposed against Russia. You can view Correctiv’s sanction tracker here.
We do not maintain this check list. It is...
Thailand’s New Credit Term Regulation
By Douglas Mancill and Nat Uawithya
The Policy Rationale Behind Thailand’s Credit Regulation
Negotiated terms between commercial parties of equal bargaining power are generally considered better than dictated terms. But regulatory authorities don’t always agree.
Last year Thailand’s Trade Competition Commission (“TCC”) promulgated a credit terms regulation (the “Regulation”) intended to...
Cross Examination in International Arbitration – Thailand
Conducting a cross examination in an international arbitration proceeding is like conducting a cross examination in a domestic arbitration or trial, but there are some differences. International arbitrations, by definition, involve witnesses, arbitrators, and parties from different countries. Adopting a more civil and polite tone is almost always the best approach when you are representing a...
Real Estate Scams in Paradise
Years ago I saw an English language posting on Linked-In advertising the “sale” of land on Koh Chang (a Thai island) through the use of three consecutive 30 year “registered” leases for a total of 90 years. The advertisement went so far as to highlight the land’s location in a national park. When I posted a question – a simple question rather than a claim – asking how land in a...
Conducting Corruption Compliance Interviews Abroad – Thailand
Foreign Corrupt Practices Act (“FCPA”) investigations typically involve third parties or subsidiaries located outside the US since most FCPA violations arise out of the activities of foreign third parties or foreign subsidiaries. But most guides on how to conduct FCPA investigations and interviews seem to ignore this rather obvious fact. It has not however escaped the attention of the U.S....
Thai to Seek Extension to File Bankruptcy Reorganization Plan
Thai Airways International Plc (“Thai”) will seek an extension to submit a bankruptcy rehabilitation plan from the end of this year until February of 2021. This could change. To recap Thai’s own history of the bankruptcy reorganization proceedings filed on behalf of or by Thai thus far:
26 May 2020 – Thai submitted a petition to enter bankruptcy rehabilitation proceedings and propose...
Words That Have No Place in Your Legal Documents: “And/Or”
Never use “and/or” in legal drafting, particularly when describing an obligation. It has been correctly described as an “ugly legalism”; William Strunk, Jr., and E.B. White, in their classic, The Elements of Style, say and/or is “A device, or shortcut, that damages a sentence and often leads to confusion or ambiguity”. They are right.
Justice Fowler, more colorfully, described it...
Things You Never Want to Hear from Your Lawyer in Thailand
Compliance with the U.S. Foreign Corrupt Practices Act is challenging in some jurisdictions, and there are some things you never want to hear from your lawyer, particularly in high-risk jurisdictions such as Thailand. Here are a few “innocent” statements that have been “repeated” as purported anecdotes, followed by comments on why these statements are dangerous indicia of corruption.
“We...
New Franchise Regulations in Thailand are a “Game Changer”
For at least the past two decades, Thailand has been on the verge of enacting a franchise law. Law firms would issue bulletins to their clients announcing that a new law was about to be enacted on franchising relationships. The announcements would often say that the draft law would be enacted by year’s end. We are now approaching the end of 2020, and Thailand does not yet have a franchising...
Effective and Persuasive English Language Advocates for Disputes in Thailand
International arbitration is the best way to resolve cross border disputes. If the arbitration is conducted by a truly international arbitration institute, such as the Singapore International Arbitration Centre or the Thailand Arbitration Centre (THAC), the arbitration can be conducted in English, provided the arbitrator and counsel are capable of handling the proceedings in English. And this...