Practice Areas

The Thai practice is a full-service Thai law firm, with involvement in a range of contentious and non-contentious matters in the following practice areas:

• Banking and Finance
• Loan Recovery and Enforcement, Insolvency and Restructuring
• Corporate and Commercial Law
• Mergers and Acquisitions
• Foreign Direct Investment
• Real Estate
• Insurance and Re-Insurance
• Commercial Arbitration
• Commercial Litigation and Dispute Resolution
• Employment
• Regulatory & Compliance

Litigation & Dispute Resolution

The members of the disputes team have extensive experience in advising clients on a range of commercial disputes in Thailand (both Thai court litigation and arbitration). Our experience includes:

• Banking and Finance disputes (including business rehabilitation)
• Construction disputes
• Shareholder/Joint venture disputes
• Employment matters
• Contractual claims (for example, leases, hotel management contracts, lift and escalator contracts, ship repair contracts)
• "Wrongful act" claims (similar to tort or negligence claims)

The depth of our Thai law knowledge and experience of the Thai court and arbitration systems mean that lawyers with on-the-ground Thai expertise will guide you through the dispute resolution process in Thailand. This is coupled with a rare ability to communicate advice to you in such a way as to ensure that you are comfortable in a legal landscape that may be different from that which you may be familiar. These are truly unique added-value elements that are designed to ensure that your interests are protected, and also that you are fully apprised of the intricacies of the Thai legal system.

Insurance

Our disputes’ team has experience in advising Thai subsidiaries of several leading international insurers. Their experience includes advising major international insurers on policy coverage under Thai law and the localisation of global insurance policies for compliance with Thai law and use in Thailand. For example, the team has previously advised a leading global insurer on liability of its insured under a construction contract and on coverage for third party loss under the policy.

Through their experience in advising a variety of insurers, the team has gained an in-depth understanding of issues pertinent to insurance businesses in Thailand. They are therefore well-placed to provide high quality considered advice that takes into account issues relevant and important to our insurer clients.

Banking & Project Finance

The members of our team have expertise in a range of banking and finance matters under Thai law representing both local and foreign banks and financial institutions in both contentious and non-contentious banking and finance transactions and disputes, including:

• Contentious Banking/ Recovery retainers
• Project Finance
• Structured Finance
• Loan and Security Transfer
• Commercial Lending
• Consumer Finance Business

Corporate & Commercial Practice

The members of our corporate team specialise in foreign direct investment and general corporate commercial matters for foreign companies in Thailand and businesses wishing to invest in Thailand. They have extensive experience in the following areas:

• Structuring and negotiating international transactions (as well as obtaining Board of Investment promotion and foreign business licenses for foreign companies)
• Preparing, negotiating and implementing numerous projects in the region, including property acquisitions, joint ventures, mergers and acquisitions (including conducting legal due diligence exercises)
• Establishing branch offices, representative offices and regional operating headquarters in Thailand
• Liaising with Thai administrative agencies, including the Ministry of Commerce, the Land Department, the Board of Investment, the Immigration Bureau, the Labour Department, One-Stop Service, the Revenue Department, the Industrial Estate Authority, and the Customs Department
• Providing advice on the restrictions on foreign business participation in Thailand, employment and tax matters, work permit and visa issues with specific reference to foreign direct investment into Thailand.

They have also represented clients in the automotive, hospitality and financial services sector, as well as industrial manufacturing, chemical, electronic, food and beverage, agriculture products and construction businesses.

Regulatory, Compliance & General Advisory

The team has extensive experience in advising foreign and Thai companies on compliance with specific Thai laws. Examples include advising on tobacco products control laws, gambling and betting laws, the sale, consumption and advertisement of alcoholic beverages, personal income tax liabilities for foreigners in Thailand, the review of client’s manuals relating to business conduct and practice, and matters relating to trade practices, bribery and corruption.

Employment/Labour Matters

Our Thai team is also experienced in contentious and non-contentious Thai employment law matters.

On the non-contentious side, they have assisted clients in preparing and filing work regulations required under Thai law, conducting a review of staff handbooks/HR policies and employment contracts. They have also advised foreign clients on the impact of data protection and privacy laws for their clients’ operations in Thailand.

The members of our Thai team are regularly instructed to advise MNCs (and their Thai subsidiaries) on mutual separation arrangements. In particular, they work closely with clients to ensure that any termination or separation processes are smooth and thorough, with a view to minimising disruption to their businesses. In cases where Thai labour court proceedings ensue, our Thai lawyers have frequently been instructed to defend those proceedings on behalf of our clients.