Costly and time-consuming litigation can cause entrepreneurs to lose a lot of money, leading to cash flow problems and even threatening their ability to continue their business operations. One alternative to these financial challenges is litigation funding. This can be an option for people intending to file a lawsuit or those being sued to address potential financial liquidity problems caused by the financial demands of litigation. Litigation funding refers to financial support provided by an unrelated third party with no interest in the dispute who agrees to fund the costs a party incurs during the dispute resolution process in exchange for a portion of any money potentially awarded to the party being funded. If the funded party loses the case, the third party (i.e., the funder) is solely responsible for the costs. Although litigation funding is available in various countries, Thailand considers it to be contrary to public order and good morals, which renders litigation funding agreements void and unenforceable. Recognition and Enforcement in Thailand There are no laws or regulations in Thailand that specifically mention litigation funding. However, the Supreme Court has consistently ruled that litigation funding is not recognized and is not legally enforceable under Thai law. These Supreme Court precedents have established that agreements to receive benefits in return for pursuing litigation in which the funding party is not involved would be an act of seeking benefit from the litigation of others. As noted above, this purpose has been viewed as contrary to public order and good morals, which results in the agreement being void and unenforceable by other Thai courts (Supreme Court Judgment No. 7014/1999). Therefore, if a litigation funding agreement were in place in a Thai dispute and the funded party won, the funding party would most likely not be legally entitled to any

On March 18, 2024, the president of the Supreme Court of Thailand announced the establishment of a specialized Technology Crime Division within the Criminal Court of Thailand. This represents a significant commitment to cybercrime within the Thai judiciary and a step forward in Thailand’s ability to investigate cybercrime. The rise in cybercrime investigations in recent years has made it increasingly difficult for Thailand’s traditional criminal courts to consider and issue enforcement orders in support of ongoing investigations in a timely manner. The new Technology Crime Division addresses this challenge. This new division has jurisdiction over cybercrime and technology-related crime, fraud or extortion using computers, and criminal offenses relating to personal data protection laws. In addition, this new division has jurisdiction over all requests from competent law enforcement officers seeking court orders under the Computer Crimes Act B.E. 2550, the Personal Data Protection Act B.E. 2562, and the Cybersecurity Act B.E. 2562. The Technology Crime Division will have trainees and judges with expertise in technology and cybercrime—not only to facilitate expert prosecution of cybercrime but also to offer critical and time-sensitive support to law enforcement investigations of alleged cybercrime. The Technology Crime Division is not yet operational. The president of the Supreme Court is expected to announce the division’s opening date in the coming months. For more details on Thailand’s measures for dealing with cybercrime, please contact Michael Ramirez at [email protected] or Piyawat Vitooraporn at [email protected].

Recently, Vietnam has witnessed a dramatic increase in cyber fraud, causing significant financial losses and posing a grave threat to both Vietnamese and foreign entities. With the increasing reliance on digital technology and the widespread adoption of online platforms, the country has become fertile ground for cybercriminals to exploit vulnerabilities and conduct various fraudulent activities. This article aims to present an overview of addressing cyber fraud in Vietnam and offers practical advice for businesses to safeguard themselves from becoming victims of such illicit activities.

The primary goal of business rehabilitation proceedings in Thailand is to provide debtors who are facing insolvency with various mechanisms to address their financial difficulties. This includes restructuring their liabilities and assets while also ensuring that creditors receive repayment equal to or greater than the amount they would have received if the debtor had been declared bankrupt by the court. Rehabilitation proceedings are governed by the Act on the Establishment of and Procedure for Bankruptcy Court B. E. 2542 and the Bankruptcy Act B.E. 2483. The Civil Procedure Code regulates any matters not governed by these two laws. In the eyes of the Thai judiciary, rehabilitation proceedings are classified as a type of bankruptcy action—thus, the country’s bankruptcy courts have jurisdiction over rehabilitation matters. Business Rehabilitation Proceedings in Thailand is a detailed guide to the rehabilitation process for businesses in Thailand. It contains important information for entrepreneurs, creditors, and other stakeholders in businesses in Thailand that are facing challenges and that may be candidates for business rehabilitation. The full Business Rehabilitation Proceedings in Thailand guide can be downloaded through the button below.