Spurred by global geopolitics and Canada’s Indo-Pacific Strategy, which aims to forge deeper ties with ASEAN, Canadian companies have been showing growing interest in Thailand and Southeast Asia in recent years. To understand the opportunities offered by the region, we sat down with Andrew Stoutley, a Toronto native and the chief operating officer of Tilleke & Gibbins, a leading Southeast Asian regional law firm with over 130 years of history in Thailand. Q: Why are Canadian companies looking at Thailand and Southeast Asia right now? A: Two reasons stand out. First, diversification has moved up the agenda. Many Canadian companies want options outside North America due to tariff volatility and policy uncertainty in the United States, as well as questions around the next Canada–United States–Mexico Agreement mandatory joint review. At the same time, the shift of global production from China to Southeast Asia is accelerating, driven by rising costs, geopolitics, and the need to avoid overreliance on a single market. As a result, Canadian companies are looking for a second production base or a regional hub, and Thailand and its neighbors are natural choices given their manufacturing depth, location, and established supply chains. Second, Canada’s own efforts in the region are gaining traction. The Indo-Pacific Strategy has led to more on-the-ground support, including larger trade missions, upgraded diplomatic posts, and new financing options. Export Development Canada (EDC) now has a presence in Bangkok, giving Canadian companies a direct line to financing and insurance in Thailand. There’s also steady progress on trade frameworks like the recently signed Canada–Indonesia Comprehensive Economic Partnership Agreement (which will come into effect pending domestic procedures), ongoing negotiations of a Canada–ASEAN FTA, and the exciting announcement about the launch of negotiations of a Canada–Thailand FTA. Together, these developments have the potential to make it much easier

Arbitrations seated in Thailand are governed principally by the Arbitration Act B.E. 2545 (2002) and, where applicable, the rules of institutions such as the Thailand Arbitration Center (THAC) and the Thai Arbitration Institute (TAI). While these instruments set the core procedural structure, they are not comprehensive. To fill in these procedural gaps, arbitral tribunals often look to the Thai Civil Procedure Code (CPC) and apply its principles when the Arbitration Act or institutional rules are silent. This hybrid system is familiar to local practitioners but can surprise international parties who expect a more self-contained arbitral procedure. Examples of How CPC Principles Are Applied Evidence Management: Section 25 of the Arbitration Act requires equal treatment of the parties and guarantees each side a full opportunity to present its case. At the same time, it grants tribunals broad discretion to conduct proceedings “as it deems appropriate” and expressly suggests that arbitrators may apply the CPC evidence rules where appropriate. In practice, tribunals frequently apply CPC evidence rules when addressing: submission of evidence lists, late or additional evidence, questions of admissibility and relevance, and assessment of witness and expert testimony. Amendments to Pleadings: Because the Arbitration Act and institutional rules provide limited guidance on amending pleadings, tribunals often rely on CPC principles when parties seek to amend a statement of claim or defense. Amendments may be permitted if they are sought in a timely manner, do not unfairly prejudice the opposing party, do not cause undue delay, and do not alter the nature of the dispute. These conditions closely mirror the standards applied by Thai courts under the CPC. Subpoenas and Court Assistance: Arbitral tribunals seated in Thailand generally do not have inherent subpoena powers. Section 33 of the Arbitration Act fills this gap by permitting the tribunal, an individual arbitrator, or a

Thailand’s Board of Investment (BOI) has imposed new restrictions on foreign-majority shareholding and land ownership for companies in certain promoted activities. The changes took effect on September 1, 2025, but were not published in the Government Gazette until December 30, 2025, under Notification of the Board of Investment No. Sor. 7/2568 on the Amendment to List of Activities Eligible for Investment Promotion under Notification of the Board of Investment No. 9/2565, dated July 22, 2025. Foreign Land Ownership Restrictions Generally, foreign land ownership is one of the privileges granted to BOI-promoted companies, allowing them to own land to engage in the promoted activities. However, with these new restrictions, the BOI will no longer grant land-ownership privileges to foreign-majority-owned companies that conduct business activities in the following categories: Rolling, drawing, casting, or forging of nonferrous metals (category 5.4.9) Manufacturing of ferrous metal products or ferrous metal parts (category 5.4.11.2) Manufacturing of nonferrous metal products and/or nonferrous metal parts for industrial use (category 5.4.11.4) Manufacturing of other metal products, including other metal parts for industrial use (category 5.4.11.5) Manufacture of chemical products for industry (category 6.2) Manufacture of plastic products for industrial goods and parts (category 6.4.1) These restrictions do not apply to existing BOI-promoted companies that have at least three projects granted promotion under the same juristic person during the past 15 years (2011–2025) with total investment of at least THB 5 billion, excluding the cost of land and working capital. Foreign Shareholding Restrictions For companies to be eligible for BOI promotion in three other categories of business activities, at least 51% of the company’s registered capital must be held by Thai individual shareholders, unless the BOI-promoted activity is located within a special border economic zone as designated by the BOI. These three categories are: Manufacture of bags made of

Employment law specialists from Tilleke & Gibbins in Vietnam have contributed the Vietnam chapter to the Guide to Restructuring a Cross-Border Workforce from International Employment Lawyer. This comprehensive global guide, covering 50 jurisdictions worldwide, addresses the complex issue of workplace restructurings, with a particular focus on the needs of multinational companies. The Vietnam chapter was authored by partner Kien Trung Trinh, counsel Sarah Galeski, and associates Dung Thi Phuong Le and Nguyen Thi Huong Nguyen. The Q&A-style chapter provides in-depth analysis of key areas related to workplace restructuring, including: Reduction in workforce; Restructuring or reorganization of the business; Changing terms and conditions; and Areas to watch. A PDF of the Vietnam chapter can be downloaded through the button below. Tilleke & Gibbins also contributed the Cambodia, Laos, Myanmar, and Thailand chapters to the Guide to Restructuring a Cross-Border Workforce 2026. To browse the full guide for all 45 jurisdictions, please visit the International Employment Lawyer website.