Thailand Law Forum
 

Thailand Law and Legal Seminars and Conferences

Construction Law & Contracts 2010
13-15 September 2010 at Singapore. Organized by The Asia Business.


Rethinking International Tax Planning
18 September 2010, Novotel Siam Square Hote, Bangkok, Thailand. Organized by Unique Seminar.

Analysis and Cost Accounting for Management Decisions (Thai Language)
27 September 2010, Radison Hotel 'RAMA 9' , Bangkok, Thailand. Organized by Global Training.

CALLING FOR PAPERS 2010 Global Domestic Violence Conference Gathering in Kuala Lumpur
1-3 November 2010 at Malaysia. Organized by the SOS Medical.
Thailand Lawyer Blog
Reflections, observations and occasionally substantive analysis of law and social issues in Thailand and Southeast Asia.
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Publishing Guidelines
This website is maintained with the support of Chaninat & Leeds, a full service law firm managed by a US lawyer Thailand. Chaninat & Leeds is a bilingual law firm comprised of experienced Thailand attorneys and provides legal assistance for individuals, businesses, non-profits and government entities.
Reader's Selections:
Fugitives in Thailand
On 11 August, 2009, the Thai courts refused a request from the US to extradite Viktor Bout on accusations of selling arms to terrorist organizations.
Medical Malpractice in Thailand: Patient Rights in the Medical Tourism Industry
Little did Margaret Richter know that the night she assisted her sick husband onto the flight to Bangkok would be the last
Defrauded in Thailand
There was nothing much to distinguish Tony Shaughnessy from the thousands of other new expatriate arrivals in Thailand.
Transsexuals and Thai Law
Walk down almost any busy street in Thailand, especially in a tourist hotspot such as Bangkok, Pattaya or Phuket, and chances are good that you will see at least one Thai transsexual.
Sex Laws in Thailand Part 3: Civil Society and Law Enforcement
Sex Laws in Thailand Part 2: Laws Regulating Commercial Sex and Entertainment Places.
Sex Laws in Thailand Part 1: US Laws Abroad: The Long Arm of Uncle Sam .
Burmese Migrants in Thailand: An Overview and Analysis
Many visitors to Thailand mistakenly assume that many of the human fixtures working in the shops, construction sites and factories of Thailand are in fact Thai-nationals.

Feature: US Immigration and Thai Sex Workers

"The United State’s immigration policy takes a clear stance against prostitutes or those engaged in the sex industry. Does this policy result in multiple forms of discrimination against women that wish to start a new life and enter the US with their American husbands?"

Engraved on the pedestal of the Statue of Liberty, greeting newcomers to the United States, are the immortal words of Emma Lazarus: "Give me your tired, your poor, Your huddled masses yearning to breathe free.” Immigration policy in the United States has always been a contentious issue. Yet as a nation of immigrants, Americans have a special tradition of accepting those fleeing hardship in hopes of a better life. Many Americans take great pride in this, and with the fact that so many view their country as a beacon of freedom and hope, often risking life and limb to make it to it to the shores of America.

Legal Rights of Transgenders and their Partners in Thailand
Life is often stranger than fiction, or at least as interesting and amusing.  True love:  Statistics show that we have less than a fifty-fifty chance of finding that happily ever after scenario we so often heard about as children.  Take, for example, the case of William James Brown, a forty-seven year old Irishman, who, while one day riding his motorbike through the sunny environs of Pattaya, crashed.  Brown was given assistance by Pichaya, a post-operative “katoey” (transgendered) from Nakhon Phanom.  Brown was impressed by Pichaya’s offer of aid and the two fell in love. Some time later Brown popped the question.

 

 

 

 

 
 
 
 
 
 
 
 
The Work of the Thailand Food and Drug Administration
It’s a cliché that these days we live in a connected world, linked together by the internet and commercial media, but it’s also true.  These connections even extend to the food we consume, the medicines we take and the cosmetics we use.  These products go on amazing journeys before they reach supermarket shelves. In Thailand, a fundamental part of that journey involves the little publicised, but vitally important, Food and Drug Administration of Thailand (FDA) – it’s not mentioned at the celebrity launch parties.

 

 

FIGHTING the TIDE of WORLD CUP GAMBLING in THAILAND

"Gambling is illegal in Thailand – punishable by a jail term of up to one year and a fine of 1,000 baht. Yet some estimates place at least 70 percent of Thai adults as regular gamblers and the industry annually generates hundreds of billions of baht in exchanged revenue within the country’s borders."

Except for the government-sponsored public lottery and two horse-racing tracks in Bangkok, gambling is illegal in Thailand – punishable by a jail term of up to one year and a fine of 1,000 baht. However.

Renewable Energy in Thailand: Green Policies Take Off

"Thailand is establishing itself as the region’s leader in sustainable energy resources, attracting business investment through innovative polices and a transparent regulatory system."

Today, Thailand is a regional leader in the global search for new, cleaner, and more sustainable energy sources. It follows a global refocusing on renewable energy. In the period between 2004 and 2008, global investment in renewable energy quadrupled, reaching US $155 billion per year.

The Erawan Shrine Curse And The Red Shirt Demonstrations

The Erawan Shrine has been at the center of modern Thai politics, but did the supposed ‘Erawan Shrine curse’ affect the outcome of the red shirt demonstrations as well?

Considering that the street riots and deaths culminating on May 19 with the historic military crack-down on the Red Shirt occupation of Bangkok, could it be said that the warnings of curse and doom by astrologers following the deranged man’s hammer-attack on the Erawan Shrine actually did come true?

Marriage and Divorce in Thailand: When Love Turns Deadly

Ian Beeston was like many other expats in Thailand.

He came to Asia, fell in love, bought a dream home and imagined spending the rest of his days there with his new wife.
Tragically for Mr Beeston, he didn’t enjoy his new life for long. His wife plotted to have him stabbed to death so she could enjoy his money with her secret boyfriend. To many, the fact that Mr Beeston had a Thai wife who was 21 years his junior and wanted his money would come as no surprise.

Foreign Corrupt Practices Act and the Thailand Film Festival

It sounds like a plot right out of Hollywood. Enter an ageing American couple, secretly offering huge bribes to the organizer of an international film festival in return for the rights to run the event. The show goes ahead, major stars attend pre-show parties, and all looks well. But behind the scenes, people are starting to ask questions. Suddenly, a detective enters and arrests the couple. They are hauled off to a courtroom where the elderly man clings to an oxygen mask and gasps for breath as the pair faces years in jail.

The Darker Side of Tropical Bliss: Foreign Mafia in Thailand

The Mafia. The term conjures up images of protection rackets, gangland wars, bootlegging and gambling operations; perhaps even an aging Marlon Brando with cotton wool pads stuffed into his cheeks. However, as most Thai persons and foreigners residing in Thailand will inform you, the country has traditionally bred its very own, homegrown organized crime.

THAILAND LAW BLOG
Russian Viktor Bout: Thailand Justice Assisted by US Government
Viktor Bout actually won the trial court verdict for arms dealing to terrorist groups during his stay in Thailand. The verdict was appealed and the Thai prosecutor won a reversal. The issue in the case was whether selling arms to Revolutionary Armed Forces of Columbia (FARC) constituted supporting a terrorist group.

New Draft Law to Regulate Surrogacy in Thailand
Until recently, there were no laws governing surrogacy arrangements in Thailand, either in terms of prohibiting the practice or allowing it. In recognition of the legal minefield that can arise in these difficult situations, the Cabinet has now approved draft legislation for children born through the use of Assisted Reproductive Technologies (ART), including surrogacy.
Buying a Condominium in Thailand:
By way of background, the law governing condominiums was enacted as Condominium Act, B.E. 2522 (1979).  This law was liberalized to allow foreign investment in condominiums by Condominium Act (No. 2), B.E. 2534 (1991).
The Liability for Damages Caused by Unsafe Goods Act B.E. 2551:
The Liability for Damages Caused by Unsafe Goods Act B.E. 2551 (the “Product Liability Law”), which will be effective for products sold on or after 20 February 2009, holds “entrepreneurs” jointly liable to “damaged parties” for damages caused by unsafe goods sold to consumers.
2008 Amendments to the Condominium Act:
On July 4, 2008, for the first time since 1999, the Condominium Act of 1979 was amended  (the “2008 Condominium Act Amendments”).  The purpose of these amendments was to provide additional protection to buyers of condominium units and to make the existing protections more effective.
Thailand Alien Working Act 2008:
The Alien Working Act, B.E. 2551, which came into force on 23 February 2008, repealed and replaced the Alien Working Act, B.E. 2521, as amended. The Act regulates work by aliens, requiring work to be done with a work permit, except for extraordinary circumstances, and sets forth penalties for violations of the Act.
Thailand Labor Protection Act (No. 2) 2008:
The Labor Protection Act B.E. 2551 was enforced on 28 May 2008 and provides additional protection to employees, including the requirement for employers to pay interest to employees for late payment wages, and restricting female employees and pregnant employees from certain types of work.
Obtaining a Waiver of a Denial of a US Visa:
The law summary discusses the discretionary authority of the US Attorney General to waive the denial of a US visa or admission into the United States, and the conditions for such according to the Immigration and Nationality Act, as well as classes of persons who are ineligible for waivers.
 

Medical Malpractice Bill to go before House of Representatives for Debate
16 August 2010
The draft legislation on medical malpractice in Thailand is set to go before the House of Representatives for debate.

Guilty Verdict in Khmer Rouge Genocide Trial
11 August 2010
On July 26th, 2010, Kaing Guek Eav, also known as Duch, was found guilty of war crimes against humanity before a United Nations-backed

FDA Pulls 155 Websites
6 July 2010
The Thailand Food and Drug Administration has ordered the closure of 155 websites for allegedly containing information regarding drugs and diet supplements that is either untrue.

Juthamas Told of Corruption Charges
18 June 2010
Juthamas Siriwan, former governor of the Tourism Authority of Thailand, has been charged with corruption.

Tax Breaks for Regional Headquarters Approved
3 June 2010
The Thai Cabinet has approved tax breaks and incentives for foreign and Thai companies that are setting up regional operating headquarters (ROH) in the country.

New Thailand Surrogacy Draft Law Passed
12 May 2010
A draft law that will regulate various surrogacy practices in Thailand has been approved by the Cabinet.

Cabinet Approves Law Amendment to Begin SET Liberalization
12 May 2010
An amendment to the Securities and Exchange Act that will allow the Stock Exchange of Thailand (SET) to be a public company has been approved by Cabinet ministers.

Renewable Energy Gets a Boost
7 May 2010
An annual amount of Bt1million has been set aside by the Provincial Electricity Authority (PEA) for renewable energy projects. PEA’s subsidiary, PEA Encom International
.

Community Land Title Deeds May Be Issued
7 May 2010
The long struggle for indigenous groups in Thailand’s highlands to be granted communal rights to their traditional lands is expected to be settled for at least 30 communities. 

Thailand Responds to Inclusion on US IP Watch List
4 May 2010
Much to its dismay, Thailand has remained on the United States’ Intellectual Property Priority Watch List (PWL). 


NEW TRANSLATION THAI LAWS
Thailand Plant Quarantine Act
Thailand Trade Secret Act
Child Adoption Act of Thailand
Investment Promotion in Thailand Act
Official Information Act Thailand
Telecommunication Business Law Thailand
Mineral Resources Law Thailand
Energy Development and Promotion Act Thailand
Export and Import Act Thailand
Direct Sales and Direct Marketing Act Thailand
Arbitration Act Thailand


SUPREME COURT OPINIONS
Inheritance Law
Mrs. Pranee Boonswang and group, Mr. Noppadol Timpong

The Executor of the Deceased’s estate omitted to recover the debt from Defendant, who was the debtor of the Deceased. Additionally, the Executor was the guarantor of Defendant so the Executor has a conflict of interest with the Deceased. Even though the deceased appointed the executor to execute the estate, the plaintiffs who are the heirs may institute a legal action against Defendant for recovering the debt without the assistance of the Executor pursuant to Thailand Inheritance Law.

Non-monetary Damages and Acting on Behalf of a Minor
Dalika Fuungsiriviboon Plaintiff By Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom Defendant

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

Land law real estate right
Mrs. Supaporn Rakthinthai and group

Plaintiff and defendant agreed that plaintiff grant a habitation to the defendant until the building ceases to be functional. The Court ruled that even though the agreement was not registered by the competent official of the Land Department, the agreement can be enforceable between plaintiff and defendant as a personal right but cannot be set up against a third person who has, for value and in good faith, acquired and registered his right pursuant to Thailand land law.

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