Government Involvement in Thailand’s Human Resource Development

Reading Time: 4 minutesWhat are the HR incentives granted by the BOI to investors who contribute to human resource development? The Thai government is active in pursuing industrial and technology development in the eastern seaboard region under the umbrella of the Eastern Economic Corridor (EEC). The promoted territory initially comprises three provinces, namely Chachoengsao, Chonburi, and Rayong. Economic […]

7 Costly Legal Mistakes Startups Make When Issuing Equity

Reading Time: 10 minutesWhile sitting in your co-sharing office space, anxiously waiting to make your next presentation on your App, you ponder nervously if your investors would be interested in your App. You have worked with your team for many months and this next presentation is one of many you have made to scrutinizing investors. You continue to […]

THAILAND: How the Private Trust Bill functions in terms of foreign private wealth for establishing a trust in Thailand?

Reading Time: 4 minutesTrust arrangements used to be totally prohibited in Thailand, but were opened for the capital market investment and fundraising in 2007 by the legislation of The Trust for Transactions in Capital Market Act. Soon after enactment, the Real Estate Investment Trust (“REIT”) became available from various financial institutions for the purposes of fundraising and investment […]

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Cambodia Legal Alert: Certain Foreign Organizations and Agencies Exempt From Implementation of Prakas 442 and 443

Reading Time: 2 minutesFollowing the issuance of Prakas 442 on the Payment of Wages dated 21 September 2018 and Prakas 443 on Seniority Payments dated 21 September 2018, the ministry of Labour and Vocational Training (“MLVT”) issued official Guideliens 044/19 on the Implementation of Prakas 442 and 443 for Personnel of Foreign Missions, Agencies of the United Nations […]

Parties to arbitration in Hong Kong can apply for interim measures in Mainland China

Reading Time: 3 minutesBackground Under the Hong Kong’s existing Arbitration Ordinance (Cap. 609), the parties to arbitral proceedings in other places, including Mainland China, may apply to the courts of Hong Kong for interim measures. However, under the Arbitration Law and Civil Procedure Law of Mainland China, only parties to arbitrations seated in Mainland China and administered by […]

Vietnam Legal Update: Draft Amendment to Labour Code

Reading Time: 3 minutesOn 28 April 2019, the Ministry of Labour – Invalids and Social Affairs published a draft law amendment to the Labour Code (the “Draft Amended Labour Code”). A considerably substantive amendment, this Draft Amended Labour Code is comprised of 17 chapters and 221 articles. This amendment will be officially submitted to the National Assembly at […]

INDONESIA: Inter-State Letters Rogatory and Delivery of Court Documents

Reading Time: 2 minutesOn 20 February 2018, the Supreme Court and Ministry of Foreign Affairs (“MFA”) concluded a Memorandum of Understanding regarding the Handling of Requests for Technical Assistance in Civil Matters (“2018 MOU”). This new MOU replaces the previous MOU signed on 13 February 2013 (“2013 MOU”). Unlike the 2013 MOU, the 2018 MOU is supported with […]

HONG KONG: Can an internal non-legal representative of a litigant be a member to a confidentiality ring?

Reading Time: 4 minutesIntroduction Taching Petroleum Company Limited (“Taching”) and Shell Hong Kong Limited (“Shell”) have respectively sold industrial diesel oil to Meyer Aluminium Limited (“Meyer”) and sue for the diesel oil purchase price. In its defence, Meyer argued that Taching and Shell have colluded to fix the price or exchanged price information in breach of the First […]

VIETNAM: Draft Decision 3 and Vietnam’s Solar Future from July 2019

Reading Time: 3 minutesOn 12 April 2019, the Ministry of Industry and Trade of Vietnam (the “MOIT”) released a new draft Decision (the “Draft Decision 3”) that will replace Decision No. 11/2017/QD-TTg issued by the Prime Minister of Vietnam dated 11 April 2017 (“Decision 11”) on mechanisms to encourage the development of solar power projects in Vietnam. Introducing […]

INDONESIA: Digital Financial Innovation Regulation – New Era of a Dynamic Digital Economy

Reading Time: 4 minutesIn order to support innovations in the financial technology sector at its current expeditious pace, the Financial Services Authority (Otoritas Jasa Keuangan – “OJK”) has implemented a ground-breaking regulatory policy through OJK Regulation No. 13/POJK.02/2018 concerning Digital Financial Innovation in the Financial Services Sector (“OJK Regulation 13/2018”). This long-awaited regulation aims to provide a regulatory corridor […]

香港:知识产权争议能否透过仲裁解决?

Reading Time: 1 minutes随着全球知识产权交易日益增加,人们更需要高效的争议解决程序。为推动香港成为知识产权交易枢纽及国际知识产权仲裁及调解中心,律政司于2015年12月发布了《2016 年仲裁(修订)条例草案》咨询文件,旨在了解是否需要就知识产权争议的仲裁问题修订法例。目前,香港既没有具体法例条文、亦没有权威性的判例清楚说明,香港法律是否承认涉及知识产权争议的仲裁结果。香港法例第609章《仲裁条例》并无说明哪些种类的主题事宜可透过仲裁解决。

Indonesia: Churchill Mining PLC v. Republic of Indonesia: ICSID Annulment Committee’s Decision Favors Indonesia

Reading Time: 4 minutesBACKGROUND On 18 March 2019, in the case of Churchill Mining Plc And Planet Mining Pty Ltd v Republic Of Indonesia, the ICSID Annulment Committee (“Committee”) has dismissed Churchill Mining PLC and Planet Mining PTY LTD’s[1] (“Applicants”) application to annul the award rendered on 6 December 2016. The dispute arose due to the revocation of […]