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...
Toyota Reports “Possible” Corrupt Activity in Thailand
Multiple media resources are reporting that Toyota “alerted the U.S. Department of Justice and the Securities and Exchange Commission to possible antibribery violations involving a subsidiary in Thailand”. Those media sources include, among others, the Wall Street Journal (the quoted language is from the Wall Street Journal), Nikki Asia, Bloomberg, and Bangkok’s English newspaper, the Bangkok...
New Service Added: Work Permits and Visas
Through new additions, Analytics will now offer work permit and visa services to existing clients and parties that retain the firm for corporate formation work. Because the fees for these services will be heavily discounted (e.g., fees for work permits could be as low as several hundred dollars), these services will only be provided to parties that already engage or will engage the firm for...
Thailand Falls Another Three Places on Transparency International’s Corruption Index
Thailand ranked 104th among 180 countries surveyed, down from 101st a year earlier, with an overall score of 36 out of 100. The higher the ranking the greater the perception of corruption, and the lower the score, the higher the perception of corruption. Although there have been minor changes, Thailand’s ratings on Transparency International’s Corruptions Perceptions Index...
Airbus Corruption Probe Likely to Continue
Although the Trump administration unexpectedly imposed record fines under the Foreign Corrupt Practices Act (“FCPA”), it also initiated “fewer and fewer new FCPA investigations”. The National Law Review reports that it expects the incoming Biden administration to “continue the trend of increasing FCPA enforcement settlement values, while also increasing the pace of initiating new...
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....
Overview of Thai Bankruptcy Reorganization Law
Overview of Thai Bankruptcy Reorganization Law
Bankruptcy laws often require courts and parties to make hard choices. In a bankruptcy there is simply not enough money to satisfy everyone, and difficult decisions must be made about who gets what. In a bankruptcy, property is seized, reputations are ruined, contracts are dismembered and jobs are lost.
Thai law only provided for the liquidation...
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...
Draft Regulations Provide for Some Relaxation of the Foreign Business Act
The primary restriction on foreign ownership of businesses in Thailand is set out in the Foreign Business Act (“FBA”). To legally engage in activities restricted under the FBA, an alien company must obtain a Foreign Business License (“FBL”) or a Foreign Business Certificate (“FBC”) from the Department of Business Development of the Thai Ministry Commerce (“DBD”). This is often easier said...