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


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

  1. Any advertisement that attaches with untruthful description;
  2. Advertisement that intends to attract people to consume the alcoholic products, promote sexual capacities or other sexual attraction;
  3. Advertisement or propaganda on the event’s stage;
  4. 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


Top 10 Trademark Firms in Thailand 2024, by Trademark Lawyer Magazine

ILAWASIA is honored to be ranked among the top 10 most well-respected law firms as one of the “Top 10 Trademark Firms in Thailand 2024.” This recognition was researched by CTC Legal Media and published in Trademark Lawyer Magazine, Issue 3 (2024), page 30.

For more details at : https://trademarklawyermagazine.com/wp-content/uploads/2024/07/TML0324_interactive.pdf

#TheTrademarkLawyer #tademarklaw #trademarks #IPlaw #IP


Asia Super 50 Disputes Lawyers 2024

Somphob Rodboon, Managing Partner, is listed in the ALB Asia Super 50 Disputes Lawyers, as announced in the Asian Legal Business, July 2024 issue.
 
Asian Legal Business spotlights the region’s top dispute lawyers, recognized for an outstanding client service. The selection were rigorously selected based on client recommendations directly submitted to ALB.
 
#Super50DisputesLawyers


ILAWASIA Co., Ltd. and AECCI Announce Strategic Partnership to Expand Legal Services for Exporters and Importers

Bangkok, Thailand – [2024, 16 July] – ILAWASIA Co., Ltd. is thrilled to announce a dynamic partnership with AECCI (Asian Exporters’ Chamber of Commerce and Industry), marking a significant milestone in our journey to provide specialized legal services to exporters and importers. This collaboration, led by our esteemed Managing Partner, Mr. Somphob Rodboon, is designed to extend our business reach and enhance our service offerings.

The strategic partnership with AECCI enables ILAWASIA Co., Ltd. to leverage combined expertise and deliver comprehensive legal solutions tailored to the unique needs of traders. Our joint efforts will focus on providing high-quality legal services in various domains, including corporate and commercial law, litigation, and alternative dispute resolution.

“We are excited about this partnership as it represents a significant step towards strengthening our market presence and enhancing the value we provide to our clients,” said Mr. Somphob Rodboon. “Together with AECCI, we are committed to offering exceptional legal support to help businesses navigate the complexities of international trade.”

This collaboration underscores ILAWASIA Co., Ltd.’s dedication to fostering growth and delivering unparalleled legal services to the global trading community. We look forward to a fruitful partnership with AECCI and the positive impact it will bring to our clients.

About ILAWASIA Co., Ltd.:

ILAWASIA Co., Ltd. is a leading law firm based in Bangkok, Thailand, specializing in business and international law. With a strong focus on corporate and commercial law, litigation, and alternative dispute resolution, we provide tailored legal solutions to meet the diverse needs of our clients.

About AECCI:

AECCI is a premier business organization dedicated to supporting exporters and importers with a range of services aimed at facilitating international trade. Through strategic partnerships and a commitment to excellence, AECCI helps businesses thrive in the global marketplace.

Contact Information:

For media inquiries, please contact: info@ilawasia.com

For more information about ILAWASIA Co., Ltd., please visit https://ilawasia.com/

For more information about AECCI, please visit https://www.aecci.org.in/collaboration-Thailand/


Three ILAWASIA Partners Recognized in WIPR Leaders 2024.

Somphob Rodboon, Managing Partner, ILAWASIA ; and Pollawat Suppattarasaet, Dr., IP Partner and Patent Agent, ILAWASIA; and Vicheka Lay, Partner, ILAW Cambodia Law Office.

WIPR Leaders is a one-stop guide to the leading IP practitioners in the world. The handbook lists over 2000 lawyers across patent, trademark, and copyright practices.

Following an extensive nomination period, the research team vetted the nominated lawyers for suitability by exploring their work by looking at practice history, industry expertise and notable cases, as well as additional activities, which have allowed the lawyers to shape and influence other and future IP practitioners.

#WIPR #WIPRLeaders #WIPRLeaders2024


Best Modern Full-Service Law Firm in Thailand for the year 2024

ILAWASIA is proud to announce that the firm has been awarded the Best Modern Full-Service Law Firm in Thailand for the year 2024. This prestigious recognition was presented at the Corporate Excellence Awards, as surveyed by CorporateVision magazine in their issue 6/2024.

This accolade reflects ILAWASIA’s commitment to excellence, innovation, and client satisfaction in the legal industry. More information is at: https://www.corporatevision-news.com/winners/ilawasia/