PRACTICE OVERVIEW
Dispute Resolution
Thai Litigation
Analytics has experienced English speaking Thai qualified lawyers who can represent foreign and local parties in Thai litigation proceedings. We develop effective strategies to address the challenges created by the peculiarities of the Thai legal system. For example, defendants (employers) in Thai labor cases must often present their evidence before plaintiffs (employees) must do so.
Further, what are typically treated as civil proceedings in the U.S. are sometimes treated as criminal proceedings in Thailand. Defamation and certain labor law claims (failure to pay statutory severance) are often brought as both civil and criminal claims. Private parties can and do “prosecute” private criminal proceedings in Thailand. Analytics’ legal personnel have decades of experience with Thai litigation and formulate effective strategies to address the challenges of litigating in a foreign forum.
International and Foreign Proceedings
Analytics can and has also handled domestic and international mediation and arbitration through, among others, the Singapore International Arbitration Centre, the International Chamber of Commerce, the International Centre for the Settlement of Investment of Disputes (Investor-State disputes) and Judicial Arbitration and Mediation Services, Inc. (JAMS).
Unique among Thai law firms, Analytics has a dual national, Thai and American, lawyer qualified in California who has taken cases to trial in the U.S., including a seven week jury trial (Thailand does not have jury trials) for a major U.S. bank.. Analytics does not have to worry about opaque work permit laws that bar foreign nationals from directly acting as advocates in Thai arbitration proceedings. Analytics also understands U.S. civil procedure and discovery and can assist U.S. counsel when trying to obtain information and testimony from Thailand for use in U.S. proceedings. Acting on behalf of U.S. parties, Analytics has conducted voluntary depositions for use in U.S. litigation and arbitral proceedings. Analytics has extraordinarily broad dispute resolution experience.
Related Articles
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- Effective and Persuasive English Language Advocates for Disputes in ThailandInternational 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. ...Read more
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- Higher Returns for Property, Tourism, Entertainment, etc. Sectors After Pandemic EndsHigher Returns in Tourism, Property, etc., after the Pandemic Ends The Bangkok Post reported on 20 November 2020 that “Thailand’s biggest manager of distressed assets is bracing for another difficult year in 2021, as the economy faces more headwinds from the pandemic”. This article goes on to quote Bungyong Visatemongkolchai, the chairman of Bangkok Commercial Asset ...Read more
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- International Arbitration in Thailand – A Work in ProgressThailand has made some progress on international arbitration, but it’s still a work in progress. Thailand has, for example, made it possible for foreign representatives and arbitrators to conduct and participate in arbitration proceedings in Thailand, but some restrictions on foreign representatives and arbitrators remain. Judicial hostility towards arbitration awards against governmental bodies and other local parties ...Read more
- Corruption & Defamation: The Recent TripAdvisor Controversy
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