On May 31, 2022, Tilleke & Gibbins continued its collaboration with Anderson Mori & Tomotsune to offer a webinar entitled “Compliance Considerations in Thailand: What Companies Should Know.” During the session, which was translated into Japanese by Chieko Tsuchiya, a consultant in Tilleke & Gibbins’ dispute resolution department in Bangkok, John Frangos, partner and director of the department, addressed the following areas: The importance of compliance in Thailand; Key principles that make an effective compliance program, including the National Anti-Corruption Commission’s internal guidelines, risk assessments, policies and procedures, communication mechanisms, and audits and evaluations; and Case studies and practical considerations on how companies can reduce risks of wrongdoing activities.

Kobkit Thienpreecha, partner and director of the firm’s corporate and commercial group, and Nutavit Sirikan, an associate in the same department, authored an article published in the January–April issue of Dunlaphaha, the prestigious Thai-language journal of Thailand’s Court of Justice. With an English title of “The Challenges of Applying Trade Competition Act, B.E. 2560 (2017) to Digital Platform Businesses,” the article examines the challenges of applying the Trade Competition Act B.E. 2560 (2017) to digital platform businesses. As the authors explain in the article, digital platforms have a number of characteristics and idiosyncrasies that present unique difficulties when it comes to competition. The authors then go through the various regulatory proposals and academic discussions on potential legal solutions addressing competition issues involving digital platforms. As they point out, however, debates over the best approach to take toward these issues have persisted for decades, even in jurisdictions with mature legal and regulatory antitrust or competition regimes. It is thus fair to question whether the existing provisions of the Trade Competition Act are in fact able to address emerging legal concerns related to the operation of digital platform businesses in Thailand. By considering examples from other jurisdictions, the authors ultimately conclude that Thailand may need to amend some aspects of the Trade Competition Act and its subordinate legislation, even though the act’s existing provisions are sufficiently flexible in terms of interpretation and application to address some of the concerns relevant to digital platform businesses. Nevertheless, any future amendments or reformulations of criteria under Thailand’s competition law must be based on a thorough and accurate understanding of the market conditions for digital platforms. The full article (in Thai) can be downloaded through the button below.   This article was first published in Dunlaphaha: Journal of the Court of Justice, Issue 1, Year

On April 22, Tilleke & Gibbins, in collaboration with the Chartered Institute of Arbitrators, Fangda Partners, and the Thai Arbitration Institute, offered a webinar titled “Reporting from Thailand: The RCEP and Global Investment Arbitration Trends.” The webinar was held in response to the recent coming into effect of the Regional Comprehensive Economic Partnership (RCEP), a free-trade agreement among the ten member states of ASEAN along with Australia, China, Japan, and South Korea. Noppramart Thammateeradaycho, counsel in the firm’s dispute and resolution group in Bangkok, represented Tilleke & Gibbins in the webinar and addressed several key considerations—particularly in relation to the effects of the RCEP on international arbitration and other alternative dispute resolution procedures. Noppramart led attendees through the core elements of RCEP investment facilitation, explained the agreement’s comprehensive dispute resolution mechanisms; and also discussed effective ways to promote arbitration in Thailand under the RCEP. With her extensive experience in international arbitrations, along with her expertise in international trade and shipping law, Noppramart is well positioned to discuss the likely effects of the RCEP on trade-related disputes and dispute resolution in Thailand and the region.

Tiziana Sucharitkul, managing partner and director of Tilleke & Gibbins’ dispute resolution group, provided in-depth insights on diversity and inclusion and law firms for a recent article in Asia Business Law Journal (ABLJ) on diversity and inclusion in law firms across Asia. In the article, which was published on March 30, 2022, Tiziana offers insights gained in her years in senior leadership at Tilleke & Gibbins and as a longtime advocate for law firm diversity and inclusion initiatives. The article begins by contrasting the demand for greater diversity among Western law firms—especially by corporate counsel—with attitudes in Asia, where questions of expertise and service often take precedence when it comes to legal work. The writer then quickly shifts to investigating the reasons for this, as well as exploring the current state of diversity in the Asian legal industry today. This section of the article leads with Tiziana’s explanation that leadership of Asian law firms are in a very different context than the social tensions that catalyzed many diversity initiatives in the West. However, this does not necessarily mean that diverse representation has lagged in this part of the world. Rather, as Tiziana points out, “Southeast Asian countries have some of the highest proportions of women in senior business leadership in the world.” She also notes that markers such as gender diversity and respect for minority rights can vary widely across Asia. Elsewhere in the article, other senior law firm leaders express similar observations and provide details on the diversity challenges in their countries of focus. For example, an expert on diversity in the Indian legal profession notes that local diversity concerns must also consider caste discrimination, and a partner at a global firm in Singapore speaks about the challenges of developing diversity policies that fit each local context. Tiziana