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 69: January–April 2022.
Noppramart Thammateeradaycho, counsel in the firm’s dispute and resolution group in Bangkok, was featured in a forum for young arbitrators titled “Thailand: Develop Your Legal Career in International Arbitration.” The event was cohosted by the Chartered Institute of Arbitrators, the International Chamber of Commerce, several top universities in Thailand, and Tilleke & Gibbins. In the forum, Noppramart was joined by six other experts in Thailand to give new and prospective arbitration professionals an idea of what to expect in a career in arbitration, as well as advice on how to proceed in their professional endeavors. Noppramart discussed her extensive experiences navigating the arbitration profession in Thailand and abroad, shared some of her career milestones, and provided practical tips on strengthening the advocacy and networking skills that can help practitioners thrive in the competitive international arbitration market.
On April 26, Darani Vachanavuttivong, managing partner of the firm’s intellectual property department, led an ASEAN Intellectual Property Association (ASEAN IPA) webinar titled “IP and Youth: Innovating for a Better Future” to celebrate World IP Day 2022. Appearing in her capacity as president of the ASEAN IPA, Darani welcomed three young presenters to the virtual event. The three young innovators, who were were from Chulalongkorn University, the United States Patent and Trademark Office (USPTO), and New York University, gave presentations on the following topics, respectively: Intellectual Property Law and Thailand’s Higher Education USPTO: US and ASEAN Youth Initiatives Digitalization and Innovation in Today’s Legal Industry The session emphasized this year’s world IP day theme (“IP and Youth: Innovating for a Better Future”) and inspired upcoming leaders across the region to embrace innovation, technology, and IP as part of their future.
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.