Analytics can assist foreign clients in understanding the peculiarities of Thai proceedings and assist foreign clients in developing effective strategies to address the challenges created by those peculiarities. Defendants (employers), for example, 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.
- Sanction Tracker – RussiaAs 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 ...Read more
- Thailand’s New Credit Term RegulationBy 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 protect small-to-medium size enterprises (“SME”) from what it ...Read more
- Cross Examination in International Arbitration – ThailandConducting 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 ...Read more
- Toyota Reports “Possible” Corrupt Activity in ThailandMultiple 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 Post. The Bangkok Post cites Reuters ...Read more
- Conducting Corruption Compliance Interviews Abroad – ThailandForeign 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 ...Read more
- Thai to Seek Extension to File Bankruptcy Reorganization PlanThai 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 ...Read more
- 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 ...Read more
- Things You Never Want to Hear from Your Lawyer in ThailandCompliance 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 ...Read more
- 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
- More FCPA Enforcement Activity Predicted under Biden PresidencyAlthough the Department of Justice (DOJ) under Trump imposed record penalties under the U.S. Foreign Corrupt Practices Act (FCPA”) from 2017 through 2020, it also initiated fewer and fewer new FCPA investigations during that period. Indeed, White House Economic Advisor Larry Kudlow reportedly said in January 2020 that the administration was “looking at” making changes to the ...Read more
- High Level Overview of Steps Required to Register a Private Limited Company in ThailandThe steps required to establish a private limited company in Thailand are: Reservation of Name The first step involved in establishing a Thai company is to file via online an application to register the company’s proposed name(s) with the Registrar (the Registrar) of the Partnerships and Companies Registration Office, Department of Business Development (DBD), Ministry of Commerce. Within ...Read more
- Practical Tip on Arbitration Clauses for Thailand that Allows You to Have Your Cake and it Too.There is little dispute that international arbitration is the best way to resolve cross-border disputes. A 2018 International Arbitration Survey carried out by Queen Mary University of London in partnership with the White & Case law firm demonstrates that international arbitration is the accepted and expected means of resolving cross border disputes. The survey reports that 97% of the ...Read more
- 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
- Top 12 Things to Keep in Mind When Planning on Doing Business in ThailandThe top 12 things to keep in mind when planning to do business in Thailand: 1. Foreign Ownership of Companies and Land: This is often a surprise for business people and lawyers operating in more open economies, but foreigners are prohibited from owning land (absent narrow exceptions) and foreign majority owned businesses are prohibited from engaging in a ...Read more
- 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 ControversyThe press reports about the American jailed for allegedly posting a defamatory review on TripAdvisor about the Seaview hotel in Koh Chang have cast a spotlight on Thailand’s strict defamation laws. Reports about the jailing of the American appeared on the BBC website, the New York Times and the Bangkok Post.Read more