On April 10, 2024, new minimum wage rates for workers in certain hotels in Thailand were published in the Government Gazette, taking effect on April 13, 2024. Under the Notification of the National Wage Committee on Minimum Wage Rate for the Hotel Industry, the new minimum wage rate is THB 400 per day, applicable to employees working in four-star (and above) hotels that have at least 50 employees and are located in the following specific areas: Bangkok: Pathumwan and Wattana districts Krabi: Ao Nang Subdistrict Administrative Organization areas Chon Buri: Pattaya city Chiang Mai: Chiang Mai municipality Prachuap Khiri Khan: Hua Hin municipality Phang-nga: Khukkhak sub-district municipality Phuket: Whole province Rayong: Phe subdistrict Songkhla: Hat Yai municipality Surat Thani: Koh Samui municipality Rationale The increase in the minimum wage is to drive and stimulate the economy in Thailand’s tourism industry, which is critical to the overall economy of the country. The ten areas identified above are those that earn a significant portion of their revenue from tourism. The decision underwent a public hearing process involving stakeholders. Although there were objections from some hotels claiming they were not yet ready to bear the increased costs, the law was enacted, taking effect on April 13, 2024. For more information on Thailand’s minimum wage regulations, or on any aspect of employment law in Thailand, please contact Tilleke & Gibbins at [email protected].

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].

Aircraft lease agreements are commonly governed by the law of England and Wales, New York, or another common-law jurisdiction. This article examines the challenges of applying these and other foreign laws to an aircraft lease dispute in Thailand. The applicability of foreign law in Thailand is subject to the Conflict of Laws Act B.E. 2481 (1938). Section 8 of the Conflict of Laws Act states, “Whenever the law of a foreign country which is to govern is not proved to the satisfaction of the court, the internal law of Thailand shall apply.” According to this section, the burden of proof is on the party that claims the foreign law. The claiming party must prove to the court the existence of the foreign law and how the law applies. However, in aircraft lease disputes, especially those that involve seizing or repossessing aircraft, generally only Thai law will apply. Seizing or repossessing an aircraft involves Thai government authorities such as the Civil Aviation Authority of Thailand (CAAT) and the Airports of Thailand (AOT), among others, and these authorities will only comply with Thai law. Moreover, foreign court judgments are not enforceable in Thailand. This means that any action to seize or repossess an aircraft in Thailand must be initiated in Thailand and using Thai law. Foreign court judgments, however, can be used as evidence and may be helpful in convincing the CAAT or court that the lessor is entitled to repossess an aircraft, and in proving damages. The Thai laws relevant in a hostile repossession or seizure action include the Air Navigation Act, the Civil and Commercial Code (CCC), and the Civil Proceedings Code (CPC). The CCC provides guidelines on contract termination and the rights of parties in lease agreements. Specifically, it outlines the conditions under which a lessor can terminate