Continued Legal Education
ILAWASIA is pleased to announce that attorney Vicheka Lay, partner of ILAW Cambodia Law Office, has been granted with a Certificate of Professional Lawyer Training, issued by the Bar Association of the Kingdom of Cambodia. The grant of this certificate is the result from his completion of the 13th Professional Lawyer Training from 14th October 2022 to 11th February 2023 and has fulfilled all the requirements of the Legal Profession Training Centre and is qualified for the Certificate of the 13th Professional Lawyer Training for a total of 180hours.
Legal Mentorship Program by Dr.Pollawat
Dr. Pollawat Suppattarasaet, Intellectual Property (IP) Partner at ILAWASIA, who also serves as a mentor for the Space F program under the National Innovation Agency, provided comprehensive legal advice to Mr. Michael Riley, Founder of Full Circle Co., Ltd., during a consultation held at ILAWASIA’s office on September 1, 2024. This session was part of Dr. Pollawat’s ongoing commitment to supporting innovation and entrepreneurship through legal mentorship.
Cambodia : Sub-Decree on the National Committee on Trade Remedy
Overview:
On August 27, 2024, the Royal Government of Cambodia issued Sub-Decree No. 194 ANKr.BK, establishing the National Committee on Trade Remedy. This sub-decree aims to effectively enforce and promote the implementation of the Law on Trade Remedy, which is a critical framework for regulating and resolving trade disputes within Cambodia and with other countries.
Key Provisions:
1. Committee Composition:
– The National Committee on Trade Remedy is chaired by the Minister of Commerce, ensuring that the country’s trade policies align with governmental objectives.
– The permanent vice-chair is a Secretary of State from the Ministry of Commerce, who plays a pivotal role in the ongoing operations of the committee.
– Additional vice-chairs include a Secretary of State from the Office of the Council of Ministers and one from the Ministry of Economy and Finance.
– The committee comprises representatives from various ministries and governmental bodies, including the Ministry of Industry, Ministry of Justice, Council for the Development of Cambodia, Customs and Excise, General Department of Taxation, and the General Directorate of Internal Trade. These members collectively bring diverse expertise to the committee’s functions.
2. Roles and Responsibilities:
– Implementation and Compliance: The committee is tasked with implementing procedures that adhere to the Law on Trade Remedy and other relevant international agreements. This ensures that Cambodia’s trade practices are consistent with global standards.
– Confidentiality and Legal Documentation: The committee establishes confidentiality protocols for complaints submitted to it and prepares official documentation for submission to competent courts. This process safeguards sensitive information while ensuring that legal processes are properly followed.
– Legal Opinions and Amendments: The committee is responsible for reviewing and providing legal opinions related to the Law on Trade Remedy’s implementation. It also proposes amendments to existing regulations to ensure they remain relevant and effective.
– International Cooperation: The committee collaborates with other countries on trade remedy issues, facilitating international trade relations and dispute resolution.
– Advisory and Technical Support: The committee can invite development partners, technical advisors, or local and international experts to assist in fulfilling its roles. This external support enhances the committee’s ability to address complex trade issues.
– Sub-Committees and Working Groups: To efficiently carry out its responsibilities, the committee has the authority to establish sub-committees or specific working groups focused on particular tasks.
3. Governance:
– The committee is required to convene at least two meetings per year, with additional extraordinary meetings scheduled as necessary. This regular convening ensures ongoing oversight and responsiveness to emerging trade issues.
– The meetings are chaired by the permanent vice-chair, with mandatory attendance from all committee members.
– The Information and Legal Notification Department of the Ministry of Commerce serves as the secretariat to the committee, providing administrative and logistical support.
4. Budget and Funding: The committee’s operations are funded by the national budget, supplemented by revenues from penalties and other services. This financial structure ensures the committee has the resources needed to fulfill its mandate.
Conclusion:
The formation of the National Committee on Trade Remedy marks a significant step in Cambodia’s efforts to regulate international trade disputes and align its trade practices with international standards. By establishing a structured and well-resourced committee, the Cambodian government has laid the groundwork for effective enforcement of trade remedies, which will ultimately contribute to a fairer and more competitive trading environment.
AUTHORS
Vicheka Lay, Partner
Makara Um, Associate
Contact Detail : info@ilawasia.com
ILAWASIA ranked in the 2024 Asia IP Patent Rankings
ILAWASIA is proud to announce that we have been ranked Tier 2 in Patent Contentious in the 2024 Asia IP Patent Rankings. This prestigious recognition is a testament to our team’s expertise and unwavering dedication to delivering top-tier legal services in the field of intellectual property. We are deeply honored by this acknowledgment, as it reflects our consistent efforts to protect and defend the rights of our clients in complex patent disputes.
Our success in this area underscores our commitment to excellence and our ability to navigate the intricacies of patent law, providing our clients with strategic and effective solutions. We remain dedicated to continuing our work in intellectual property and striving for even greater achievements in the years to come.
Recognition and Enforcement of Foreign Arbitration Awards in Thailand
Recognition and Enforcement of Foreign Arbitration Awards in Thailand
OVERVIEW
Thailand does not currently have an international agreement that recognizes judgments rendered by foreign courts. As a result, the party claiming damages is unable to enforce the judgment against the debtor’s assets in Thailand, even if they win the case and receive the foreign court judgment. The creditor will be required to file a new lawsuit in the Thai court in which the foreign court judgment will be only recognized as a piece of evidence. One potential resolution to the aforementioned restrictions is to consent to the resolution of disputes that arise under the contract through arbitration. The benefit is that the creditor of a foreign arbitral award has the right to enforce the award against an opponent in Thailand. According to The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly known as the “New York Convention”, to which Thailand is a signatory, along with over 100 other countries.
The procedure for enforcing foreign arbitral awards is governed by the conditions outlined in Arbitration Act B.E. 2545 (2002). The party seeking enforcement of the arbitral award must submit an application with the competent court within three years from the date that the award is enforceable. After receipt of the application, the court shall promptly review the case and issue a judgment accordingly.
The applicant for enforcement of the award must produce the following documents to the court:
(1) Original or certified copy of the arbitral award;
(2) Original or certified copy of the arbitration agreement;
(3) Thai translation of the award and of the arbitration agreement by the translator who has taken an oath or who affirmed before the court or in the presence of an official or an authorized person, or certified by an official authorized to certify translations or by a Thai envoy or consul in the country where the award or the arbitration agreement was made.
COURT FEE
In the case of a request for the enforcement of an arbitral award and a request for annulment of the award, the fees are as follows:
- For amount of money not exceeding fifteen million Baht: 1% of the amount of capital, but not exceeding one hundred thousand Baht.
- For the portion exceeding fifty million Baht: 1% of the amount exceeding fifty million Baht.
ESTIMATED TIME OF PROCEDURE
Upon the acceptance of the filing, the opposing party will receive a copy of the application along with relevant documents from the court’s officer. The opposing party then has the right to submit an objection with supporting documentation to the court. Subsequently, the witness examination session will be conducted. The Court of First Instance will then make a decision on whether or not to enforce the award, which typically takes between one and two years.
REASONS FOR REFUSING TO ENFORCE THE AWARD AND THE COURT’S CONSIDERATION
Generally, the court will not render a decision on the facts of the case, as the arbitrator has already heard evidence, made a decision, and rendered a final award.
However, the arbitral award may be refused enforcement by the court under the conditions as specified in Arbitration Act B.E. 2545 (2002), regardless of the country in which it was rendered, if the opposing person proves that:
(1) A party to the arbitration agreement was under some incapacity under the law applicable to that party;
(2) The arbitration agreement is not binding under the law of the country agreed to by the parties, or failing any indication thereon, under Thai law;
(3) The party making the application was not given proper advance notice of the appointment of the arbitral tribunal or of the arbitral proceedings or was otherwise unable to defend the case in the arbitral proceedings;
(4) The award deals with a disputed not falling within the scope of the arbitration agreement or contains a decision on matter beyond the scope of the arbitration agreement. However, if the award on the matter which is beyond the scope thereof can be separated from the part that is within the scope of arbitration agreement, the court may set aside only the part that is beyond the scope of arbitration agreement or clause;
(5) The composition of the arbitral tribunal or the arbitral proceedings was not in accordance with the agreement of the parties or, if not otherwise agreed by the parties, in accordance with this Act;
(6) The arbitral award has not yet become binding, or has been set aside or suspended by a competent court or under the law of the country where it was made. Save where the setting aside or suspension of the award is being sought from the competent court, the court may adjourn the hearing of this case as the court deems appropriate; and if requested by the party submitting the application, the court may order the party against whom enforcement is sought to provide appropriate security;
(7) The award involves a dispute not capable of settlement by arbitration under the law;
(8) The enforcement would be contrary to public policy.
The enforcement of a foreign arbitral award in Thailand requires the recognition of the award by Thai courts, which guarantees the smooth execution of the enforcement process. Proper recognition and enforcement of arbitral awards contribute to the development of confidence in the international arbitration system and the facilitation of more equitable and efficient international dispute resolution.
ADDITIONAL INFORMATION
Please note that the Supreme Court of Thailand recently had a decision in the Supreme Court Case No. 8539/2560 that a Thai court is solely authorized to set aside domestic awards. Thai courts are not authorized to consider and issue orders to set aside a foreign award.
ABOUT ILAWASIA
We, ILAW ASIA CO., LTD., have over 17 years of expertise in litigation, arbitration, and the recognition and enforcement of both domestic and foreign arbitration awards in Thailand, Myanmar, Cambodia, and Laos. With our extensive experience, we are well-equipped to assist your business in achieving its goals while minimizing legal risks. We are committed to helping you succeed.
AUTHORS
Somphob Rodboon, Managing Partner
Tanadee Pantumkomon, Partner
Kridtaporn Sirisereephap, Senior Associate
Rattasart Taweekarn, Associate
Surayuth Jantawong, Associate
Contact Detail: Litigation@ilawasia.com
Telephone Number +66 2 048 2534 ext. 313
Cambodia HR Summit 2024
Cambodia HR Summit 2024
On 17th August 2024, attorney Vicheka Lay, Partner of ILAW Cambodia Law Office, participated in the Cambodia HR Summit 2024 and witnessed the MOU signing ceremony between Singapore’s Sequoia Group and MR Training and Jobs Center Co., Ltd. This MOU marks the beginning between the two entities in providing Future of Work solutions such as technical and soft skills upskilling and reskilling programs. Deputy Prime Minister Hun Many also witnessed the ceremony.
ILAWASIA Joins ICLA Network as Official Firm for Thailand Jurisdiction
ILAWASIA Joins ICLA Network as Official Firm for Thailand Jurisdiction
[Bangkok, Thailand, 20 August 2024] — ILAWASIA is pleased to announce its official listing as one of the network firms for the International Commercial Law Alliance (ICLA) in the Thailand jurisdiction. This significant development enhances our firm’s global reach and strengthens our ability to provide exceptional legal services in the region and global.
The inclusion of ILAWASIA in the ICLA network underscores our commitment to excellence and our strategic growth within the international legal community. Our firm’s expertise and dedication align seamlessly with ICLA’s mission to offer top-tier legal support across various jurisdictions
For further details on our listing, please visit the ICLA Thailand Locations page at this link : https://icl-alliance.com/locations/asia/thailand/
ILAWASIA looks forward to leveraging this affiliation to deliver even greater value to our clients and contribute to the ongoing success of the ICLA network.
#ILCA #Collaboration
Creation of Special Tax Audit Unit under the Supervision of the General Department of Taxation
LEGAL SUMMARY
SUBJECT Creation of Special Tax Audit Unit under the Supervision of the General Department of Taxation
REGULATION AND OBJECTIVES OF SPECIAL TAX AUDIT UNIT
On July 16, 2024, the Cambodian Prime Minister signed into law Sub-Decree No. 160 ANKr.BK, establishing a special tax audit unit under the supervision of the General Department of Taxation (GDT) within the Ministry of Economy and Finance. This strategic move aims to address and expedite the resolution of various taxpayer challenges related to tax audits.
The creation of this specialized unit is expected to enhance the business and investment environment in Cambodia by streamlining the tax audit process and providing more efficient support to taxpayers. By addressing audit-related issues more promptly, the government hopes to foster a more transparent and predictable tax landscape, thereby boosting investor confidence and encouraging economic growth.
FUNCTION AND AUTHORITIES
The unit’s core responsibilities include managing and conducting tax audit operations in strict compliance with the applicable tax regulations, and adhering to the established guidebook on tax audit formalities and procedures for both tax officers and taxpayers under its jurisdiction, including conducting risk assessments and analyses to ensure that comprehensive audits are efficiently conducted only once per taxpayer. The unit is also responsible for preparing an annual tax audit plan and issuing notifications to enterprises that are subject to special tax audits.
Furthermore, the special unit is empowered to request the Director General of the GDT to review and resolve any outstanding issues that have not yet been settled by the GDT.
JURISDICTION
The unit’s jurisdiction will cover enterprises that have been awarded the gold tax compliance certificate, as well as other enterprises identified by a committee to be established by the GDT under the Ministry of Economy and Finance.
AUTHORS
Vicheka Lay, Partner
Tanadee Pantumkomon, Partner
Makara Um, Associate
Contact Detail: info@ilawasia.com
Commercial Advertisement of Alcoholic Products
IN BRIEF
On 23rd July 2024, the Ministry of Information issued the Prakas No. 084 PrK.Info, in order to determine the forms, procedures, and measures to govern the commercial advertisement of alcoholic products. Additionally, this Prakas also aims to guarantee social order, public welfare, reducing impacts on the economy, culture, tradition, as well as to promote fair competition.
This Prakas only covers commercial advertisement on alcoholic products with ethanol degree more than 3 percent of the quantity.
KEY PROVISIONS
Content Restriction: Anyone seeking to proceed with such commercial advertisement, they are required to obtain permission from the working group that governs commercial advertisement of alcoholic products.
Article 3 of the Prakas mentions the forms of commercial advertisement of alcoholic products that are unauthorized.
These non-authorizations include
- Any advertisement that attaches with untruthful description;
- Advertisement that intends to attract people to consume the alcoholic products, promote sexual capacities or other sexual attraction;
- Advertisement or propaganda on the event’s stage;
- Advertisement that targets under-aged people.
Location Limitation: It is banned all kinds and forms of advertisement that is less than 200 meters from educational institutions, health centers, religious institutions, historical-cultural resorts and international airport.
Target Limitation: The Prakas further bans advertisement via all kinds of television and radio between 18:00 to 20:00 pm. Pornographic and violent messages, advertisement targeting pregnant women and women that feeding children are all banned. Religious and cultural people, patients and pregnant women have to be respected by the advertisers.
Specific Authority: Application for permission to proceed with commercial advertising of alcoholic products could be submitted to the one-stop service mechanism of municipal-provincial administration (city, district, khan) after the request is approved by the working group governing the commercial advertisement of alcoholic products.
ENFORCEMENT AND PENALTIES
The Prakas gives three months to the individuals, businessperson, legal entities to apply for permission from the working group governing the commercial advertisement of alcoholic products. Penalties will apply for those that conduct the advertisement without permission.
AUTHORS
Vicheka Lay, Partner
Makara Um, Associate
Contact Detail: info@ilawasia.com
Top 50 Thailand IP Experts for the year 2024
Dr. Pollawat Suppattarasaet, IP Partner at ILAWASIA CO., LTD., has achieved notable recognition as one of the Top 50 Thailand IP Experts for the year 2024.
This acknowledgment further underscores his expertise and significant contributions to the field of intellectual property within Thailand.
Dr. Pollawat’s dedication and profound knowledge have consistently driven the firm’s success and have set a benchmark for excellence in the industry. His commitment to innovation and protecting intellectual property rights has been instrumental in advancing the IP landscape in Thailand.
We are proud to have Dr. Pollawat as part of our team and celebrate his remarkable achievement. His recognition as a top IP expert not only highlights his personal accomplishments but also enhances our firm’s reputation for delivering exceptional legal services.
Source: https://asiaiplaw.com/index.php/ip-expert/thailand/pollawat-suppattarasaet
#AsiaIP #IPExperts
