On 14 September 2020, Thailand Central Bankruptcy Court granted Thai Airways’ petition for business rehabilitation and approved the appointment of seven plan preparers, each nominated by the national airline. The court order for business rehabilitation, when published in the Royal Gazette, would effectively set in motion Thai Airways’ restructuring of its sizeable debt of THB [...]

Does Thailand Bar Enforcement of Ipso Facto Clauses? What is an Ipso Facto Clause? Although the term “Ipso Facto Clause” reeks of legalese, it is acceptable short hand for describing a particular type of contract clause that is often relevant to (but not limited to) bankruptcy cases.  An Ipso Facto Clause is a provision in [...]

Yes, in some circumstances. This firm had a claim initiated by a party to a charter party agreement (“CPA”) dismissed and compelled arbitration on that claim because the CPA contained an arbitration clause. Significantly, our client was not a signatory to that CPA.  But, because the charterer based its claim on an agreement containing an [...]

Covid-19 has created a perfect storm for regulatory lapses and failures: an unprecedented combination of business and regulatory disruption in a condensed time of period. Compliance requirements and safeguards are ignored, and compliance investigations hindered, delayed, or canceled. But do not expect the Department of Justice or the Securities and the Exchange Commission(“SEC”) to relax enforcement [...]

On 17 April 2020, the Thai government published in the Royal Gazette two ministerial regulations relating to social security relief. One of them temporarily increases unemployment allowance rates (from a maximum of THB 7,500 to THB 15,000) and the eligible period (from a maximum of 180 days to 200 days) for  employees whose employment comes [...]

On 19 May 2020, the cabinet of Thailand decided to postpone the enforcement of Thailand’s first general data privacy law known as the Personal Data Protection Act (“PDPA”) from 28 May 2020 until 1 June 2021, citing the unreadiness of both private and public sectors. The cabinet also approved on the same day the appointment [...]

On 19 April 2020, the Thai Government published in the Royal Gazette a new Emergency Decree on Teleconferences through Electronic Devices B.E. 2563 (2020) (“2020 Emergency Decree”). The 2020 Emergency Decree superseded the Announcement of the Head of the National Council for Peace and Order No. 74/2557 issued on 27 June 2014, which governed electronic [...]

Business operators in Thailand are afforded the protection against unfair trade practices under the Trade Competition Act 2017 (“Act”), with the exception of a few categories of operations and businesses prescribed under the Act. The Act, which is aimed at promoting trade competition, imposes a general prohibition on certain unfair trade practices and behaviours damaging [...]