As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.

Arbitration specialists from Tilleke & Gibbins’ dispute resolution team in Bangkok contributed the Thailand chapter to the recently published Challenging and Enforcing Arbitration Awards Guide from Global Arbitration Review (GAR). The Challenging and Enforcing Arbitration Awards Guide addresses the evolving realities of today’s legal landscape, in which enforcement of arbitral awards is a growing concern. It also offers guidance on challenging awards in different jurisdictions. Part I of the guide offers a comprehensive thematic overview to provide readers with a clear understanding of the intricacies involved in the arbitration process. Part II then explores the specifics of challenging and enforcing arbitration awards in 29 different jurisdictions. The Thailand chapter—which was authored by counsel Michael Ramirez, partner Noppramart Thammateeradaycho, and associate Anyamani Yimsaard—covers the following topics: Requirements for the form of arbitral awards; Recourse against an award; Setting aside; Recognition and enforcement of awards; Procedure for service of judicial and extrajudicial documents; Identification of assets; Enforcement proceedings; Interim measures; Attachment proceedings; and Recognition and enforcement against foreign states. The Thailand chapter can be downloaded through the button below, or visit the GAR website to explore the full guide.

Disputes are unavoidable in the business world—not only civil disputes between business partners but also criminal matters, in which a company or its representatives, or even an individual, are accused of legal or regulatory violations or other crimes. While this can be a daunting situation—especially for those facing a criminal matter in a jurisdiction with unfamiliar laws or litigation processes—knowing what to expect out of criminal proceedings can bring clarity and make the situation feel much more manageable. Thailand, for instance, is a vibrant economy in the heart of Southeast Asia that has attracted many businesses to pursue opportunities in the country. However, the relatively well-developed and sometimes unfamiliar regulatory regime in Thailand means that companies can unintentionally fall afoul of the legal requirements and find themselves having to defend against criminal litigation. In such a situation, understanding  how criminal proceedings work in Thailand  is critical step to  prepare for the case. Thailand’s legislative system is  based on a civil law system. Notably, however, Thai courts are still influenced by previous Supreme Court decisions as precedent references for adjudicating cases. Most criminal offenses are contained in the Penal Code (also called the Criminal Code). There are also other offenses prescribed in the country’s acts (of which there are approximately 1,000), which specify the obligations and prohibitions people must observe. Although most offenses are misdemeanors, many are nonetheless punishable by imprisonment—a dire prospect for anyone, and even more so for an accused party whose home country is not Thailand. By its nature as a juristic person, a company charged with a criminal offense is subject only to fines. However, company directors or other representatives are often accused as codefendants along with the juristic person itself. These individuals can be found guilty for the offense conducted by the juristic person if