On June 30, 2021, Noppramart Thammateeradaycho, counsel in Tilleke & Gibbins’ dispute resolution department, gave an online presentation on the role of arbitration in the construction sector—particularly in reference to disputes arising from the impact of the COVID-19 pandemic. Noppramart’s presentation was part of a webinar titled “Investment Treaty Arbitration in the Construction Sector.” Organized by the Thai Arbitration Institute (TAI) and Thailand’s Court of Justice, the webinar featured insights on navigating disputes that can arise in connection with international construction projects. During the session, legal experts from Europe and Asia discussed how arbitration can help resolve investment claims in the construction sector that may arise after the COVID-19 pandemic, and explained how host states can benefit from arbitration in settling COVID-19-related disputes involving foreign investors in infrastructure or construction projects. The speakers also shared some of their own experiences related to treaty arbitration in the construction industry and pointed out how investors can benefit from treaty protection. Following the success of last year’s TAI-sponsored webinar on construction arbitration, this webinar was very well attended, with over 300 participants joining the virtual event to hear from the speakers, all of whom are experienced arbitration practitioners.

Jay Cohen, partner and director of Tilleke & Gibbins in Cambodia, is quoted in a recent Cambodia Investment Review article on the country’s amended Law on Investment. As the article explains, this new law, which replaces an earlier investment law passed in 1994, was approved in a recent meeting of the Council of the Ministers and offers a number of promising incentives, and streamlining some current procedures associated with establishing and operating a business in Cambodia. In the article, Jay notes that the new Law on Investment expands the number of industries eligible to seek investment incentives. He also discusses the law’s tax incentives, explaining that the key to understanding their effect is knowing how they function with other tax regulations in the country. For instance, the profit tax exemption could be largely negated by existing regulations if that profit is paid out in dividends, so this means that the full benefit of the exemption can only be received if the profits are kept in the business itself. Cambodia Investment Review is a local English-language news outlet reporting on issues related to investment in Cambodia, with articles intended for both local and international readers. The full article is available on the publication’s website.

Eric Meyer, a foreign consultant in Tilleke & Gibbins’ dispute resolution department, was profiled in the latest issue of Thai-American Business (T-AB), the quarterly magazine of the American Chamber of Commerce in Thailand (AMCHAM). As co-chair of the AMCHAM Legal Committee, Eric is extremely active in the American business community in Thailand. He applies his unique combination of legal expertise and practical awareness of business concerns in Thailand to identify topics and organize events that are interesting and relevant to a broad range of people. In the T-AB profile, Eric recounts how he came to be involved in AMCHAM after joining Tilleke & Gibbins four years ago, and notes that participation in the group has been an excellent way to stay current with the business community and build connections with professionals across various industries. In response to a question on the outlook for ease of doing business in Thailand, Eric sounded a hopeful note, explaining that the country’s strides in the areas of streamlining and digitizing various aspects of doing business should be able to continue after COVID-19, which has actually hastened digitization in several legal areas that had previously been slower to adapt to recent technological advances. Eric now looks forward to continuing to provide important leadership to the AMCHAM Legal Committee as the country and its business community seek to overcome the persistent challenges of the COVID-19 pandemic and move toward a sustainable economic recovery.

On July 7, Tilleke & Gibbins’ administrative law group, in conjunction with the Thammasat University Faculty of Law, delivered the first webinar of a two-part Thai-language series on business interruptions caused by COVID-19. This first session focused on government liability and damage claims caused by related emergency decrees. The webinar began with an introduction by Suruswadee Jaimsuwan, counsel in Tilleke & Gibbins’ dispute resolution department, before Dr. Munin Pongsapan, dean of the Thammasat University’s Faculty of Law, welcomed attendees and addressed the main topic of the webinar. Thawat Damsa-ard, partner and chief litigator in Tilleke & Gibbins’ dispute resolution group, then gave an overview of administrative law and court prosecution procedures in Thailand. Dutsadee Dutsadeepanich, associate at Tilleke & Gibbins, then gave a presentation that addressed the regulatory measures related to managing the COVID-19 outbreak, discussed government liability for failure to manage the COVID-19 outbreak by reference to the emergency decree and other related legislation, and explained the process of prosecution for a wrongful act by officials—which falls under the jurisdiction of the Administrative Court. Speakers also provided an overview of public law, the Constitutional Court, and the prosecution of issues related to constitutional legitimacy and emergency decrees. A full video recording of the session (in Thai) is available on the Tilleke & Gibbins YouTube channel.