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Our team of lawyers is experienced in all facets of law. Our expertise extends from civil law to criminal law - encompassing family law, property law, business law, arbitration, labor disputes, intellectual property, notary services and power of attorney.

We offer personalized legal consultations, enabling you to seamlessly navigate the intricacies of Thai Law.

Would you like to make the most of our wide range of legal services?


Our exclusive Mahanakorn Club Membership grants all our members free legal consultations throughout the year.
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Arbitration in Thailand

 

The Thai Arbitration Institute (TAI) was established to promote and develop arbitration as a dispute settlement mechanism for civil and commercial matters.


In January 2017, a much-awaited set of rules came into force. The “2017 Rules” brought about substantial changes in how arbitration in Thailand is conducted. The main objectives of the legislation were to improve the efficiency and consistency of arbitration administered by the TAI. Many procedural omissions were addressed to avoid incongruity in judicial interpretation.
Among the amendments, the Power to Grant Interim Measures was introduced (Article 39), and arbitral tribunals were conferred the right to exercise discretionary powers. Under the Arbitration Act 2002, a plaintiff was only entitled to petition the Court. As of January 2017, parties can petition a tribunal directly, and those tribunals may now grant relief.

Article 13 of the 2017 Rules illustrates a new and more efficient procedure for the consolidation of correlated arbitrations arising from multiple contracts. The rationale behind this revision is that, increased efficiency, improved time- and cost-effectiveness are achieved by consolidating several court orders in a single hearing, and that inconsistencies, which occur when facts are presented to different tribunals, can be prevented. This article grants the tribunal rather wide discretion and represents a legislation milestone in Thailand.

Other important amendments to the 2003 Rules are:
• Challenge to Appointment of Arbitrators: Whereas previously the law only allowed submission of challenges to the Thai Courts, the 2017 Rules empower the arbitral tribunal to have general jurisdiction, unless the TAI deems it appropriate to appoint an arbitrator to rule on the challenge.
• Procedural Timetable: The arbitral tribunal, after having consulted with the parties, will have to determine the procedural timetable no later than 30 days after having appointed the last arbitrator, and the trials may last no longer than 180 days.
• Service by Email: Electronic correspondence, as well as any other means of communication with record of delivery, are deemed as suitable as hard-copy documents by this legislation.
• Sole Arbitrator by Default: Unless otherwise agreed-upon in writing, it is assumed, by default, that the number of arbitrators to be appointed is one.
• Language: Unless otherwise agreed-upon in writing, the language of an arbitration agreement is, by default, the language of the contract.
• Confidentiality: The confidentiality of arbitrations is not to be assumed but rather explicitly stated in the 2017 Rules.

: 4 + 8 =

 

Labour Disputes

Labour Disputes are controversies that may arise between employers and their employees regarding the terms and conditions of employment, such as standard working hours, wages and fringe benefits. In Thailand, rights and obligations of both employers and employees are set forth in the Labour Protection Act of 1998, which defines the scope of mutual commitments and protects the law-abiding party against the wrongdoings of the other party.

We at Mahanakorn Partners Group provide legal defence in every instance of labour disputes, including but not limited to:

  • Employment agreements
  • Minimum wage rates
  • Working hours and overtime pay
  • Severance pay
  • Wrongful dismissal
  • Notice periods
  • Statutory holidays
  • Maternity leave
  • Warnings

In early 2017, the Thai Cabinet approved an amendment to the Labour Protection Act of 1998, which would entitle retirees to a statutory severance pay and set the statutory retirement age at 60, or Proposed Default Retirement Age, unless otherwise expressly indicated in the employer’s internal policy. The amended Act is being reviewed by the Office of the Council of State, before entering into force.
The parties are generally advised to reach a compromise. Failure to do so would prompt the labour court to proceed with a trial. The labour court will reach a verdict by weighing many factors, among them: mutual contractual rights and obligations; work environment; cost of living and wage rate; benefits in kind; employee’s hardship; status of the employer’s business; and economic and social conditions, to name a few. During the course of the trial, the labour court will consider all of the evidence to ensure fairness to both parties.

 

: 2 + 10 =

 

 

Power of Attorney

A Power of Attorney (POA) is a written document whereby an individual, who is referred to as the “Principal”, appoints another individual, who is referred to as the “Attorney-in-fact”, to act on his or her behalf, thus conferring authority on the attorney-in-fact to perform certain acts or functions on behalf of the principal. Powers of attorney serve the purpose of allowing the attorney-in-fact to carry out a number of dealings for the principal, as instructed by the latter, such as purchasing or selling land and properties, handling some bank accounts or maintaining a safe-deposit box, renewing visas and work permits or executing a deed for and on behalf of the principal.

A letter of attorney can be drafted to be either general, which confers broad legal authority, or special, which is limited to specific deeds. A power of attorney generally is terminated when the principal dies or becomes incompetent, but the principal can revoke the power of attorney at any time..

 

Thai Living Wills, which are regulated by the National Health Act of 2007, are a form of “conditional power of attorney”. A Living Will is an advance directive outlining what actions should be taken in the event that a person is no longer able to make decisions for themselves in case of illness or incapacity.

 

Whether you need it for personal or business reasons, we at MPG will be glad to assist you by tailoring a Power of Attorney that matches your specific requirements.