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October 4, 2022
A Look at the psychological benefits of arbitration and the status of arbitration in Thailand There are often many reasons cited as to why international arbitration should be the preferred method of dispute resolution for parties: it can be quicker, cheaper, the process is private, the award is final and the parties have more autonomy over the process. Whilst some of these factors are debatable (especially in highly complex commercial cases), the fact that parties to an arbitration can have more autonomy than in traditional court litigation is usually less controversial. Party autonomy in arbitration is often a significant factor that persuades contractual parties to consider arbitration over other methods of dispute resolution. This is not surprising, as the need to have control and certainty is an innate human desire that often brings us security and peace. Our need for control and certainty There is no doubt that Covid has had a detrimental effect on the economy and many businesses. Most people would also agree that it has taken a significant toll on people’s mental health. Social distancing forced people to keep a distance and lose close contact with friends and colleagues. For some people, it meant a loss of social contact and socialising all together, due to fear of catching the virus if they stepped out of the safety of their homes. Lockdowns and school closures meant that more families were stuck at home, glued to their computers for work or online school and having to navigate the lack of privacy and personal space in their own homes. For working parents, the stress of juggling work from home, not...
October 4, 2022
As data centers play a crucial role in the growing digital world, many businesses undoubtedly need reliable data hosting services to facilitate better data management. The Thai cabinet recognizes the importance of the data center industry and data hosting services and has recently approved in principle a tax measure to promote data centers by providing a value added tax (VAT) exemption for data hosting services to attract hyperscale data center investments, in order for Thailand to become a regional digital hub and to have more competitive pricing of data hosting services. Currently, Thai VAT is levied at the rate of 7%. The definition of “Hyperscale Data Center” is currently quite broad. A Hyperscale Data Center would offer a highly responsive, scalable and cost-effective infrastructure that simplifies business procedures. As the need for data processing and storage has increased, the demand for Hyperscale Data Centers will swell. Nowadays, the demand for Hyperscale Data Centers is accelerating due to many factors, such as remote working during the Covid-19 pandemic or the increase in adoption of digitalization. These factors greatly contribute to the growth in the Hyperscale Data Center market.  At present, there is no exact definition for “Hyperscale Data Center” under Thai law, however, the Revenue Department may formulate a definition of data center that will be treated as the definition of Hyperscale Data Center in the Royal Decree. Details of the draft Royal Decree issued under the Revenue Code regarding VAT exemption for data hosting services are summarized below. VAT will be exempt for the following services: Services for servers or related equipment for storing, processing and connecting electronic data...
October 4, 2022
What is allowed and what isn’t allowed? There was a lot of hype earlier this year about the delisting of cannabis and hemp plants from the Narcotics Code in Thailand. However, there appears to be some confusion about cannabis use within the country and in particular, what is permitted and not permitted without a license. In order to prevent misuse and a society-wide problem, the Thai government has been elaborating on the permitted use and sale of cannabis in the last few months. This article examines the current state of the law pertaining to cannabis, with a particular focus on employee use and the employer’s rights in those circumstances. Current status of the law The delisting of cannabis and hemp plants applies to their unprocessed parts and extracts containing less than 0.2% of tetrahydrocannabinol (“THC”). Therefore only extracts that contain more than 0.2% of THC are still regulated by the Narcotics Code and require a license from the Thai Food and Drug Administration (FDA). Smoking cannabis in public remains prohibited and the maximum penalty for doing so is three-month imprisonment and a THB 25,000 fine.[1] However, in practice, the delisting has led to misuse and abuse of cannabis products in Thailand, which has in turn led to societal problems. Tourists seem to be able to readily purchase cannabis or cannabis-infused products from street vendors. Overseas governments and embassies in Thailand have issued warnings to their citizens, informing them of improper use and ensuring they do not bring any cannabis back into their home countries. There have been major health concerns, with instances of young people overdosing on cannabis. As...
September 29, 2022
Are you confused yet? Life is rarely straightforward. You can almost always find the “good” in bad circumstances and the “bad” in good circumstances….or people… or things. There is always a principle of yin and yang at play. Like anger. Anger in itself is not a bad emotion, even though we tend to categorize it as a not-so-good emotion (not in the “feel-good” category anyway). But emotions are neutral and how we respond to it is what really counts. Anger, if we let it lead us, can provoke us to stupidity or challenge us to put our foot down and finally do that great thing. We are both good and bad People too, are a myriad of both good and bad. I’ll be the first to admit that I’m not all good. I am human and there is both good and bad in me. I am good at some aspects and bad at others. I’m just glad there are others to balance me out (like my wife – thank you Kate). Yin and Yang – No shadow without light This idea of balancing comes from the principle of Yin and Yang which is a belief that “all things exist as inseparable and contradictory opposites”. Let’s think about some everyday examples – female-male, day-night and old-young. There is just something about opposites that attract and complement each other. In fact, some opposites almost depend on one another to shine. For example, there is simply no shadow without light and what is goodness without evil? Modernizing the principle The concept of yin-yang has a long history. There are many written records...
September 22, 2022
The latest current Law on Cybersecurity of 2018 applies strict network security protection regulations, along with rules for handling violations in order to improve order maintenance and network security protection. The goal being to create a healthy and safe cyberspace for Vietnamese citizens. What is the Cybersecurity Law of 2018? The Cybersecurity Law of 2018 consists of 7 chapters with 43 articles of law that strictly regulate national security protection activities. These are the responsibility of the relevant agencies, individuals and organizations that ensure the safety and security of society on cyberspace. When did the Cybersecurity Law of 2018 take effect? On June 12, 2018, after receiving 87% of votes from the National Assembly deputies, the Law on Cybersecurity of 2018 was passed and officially took effect on January 1, 2019. Highlights of the Law on Cybersecurity of 2018 Some highlights of the 2018 Cybersecurity Law include: It is strictly forbidden to post false information According to Article 8 of this Law, the following acts are strictly prohibited in the network environment: Acts of violation of the law on national security, social order and safety specified in Article 18.1 of this Law; Organizing, operating, colluding, instigating, bribing, deceiving, enticing, and training people against the State of the Socialist Republic of Vietnam; Distorting history, denying revolutionary achievements, undermining the great national unity bloc, insulting religion, discriminating based upon gender or race; Disseminating false information that causes confusion among the people, causes damage to socio-economic activities, causes difficulties for the operation of state agencies or those that perform official duties, infringes upon the legitimate rights and interests of the people, or...
September 21, 2022
INTRODUCTION The energy transition is disrupting markets around the world, and Thailand is no exception. The move from energy based on fossil fuels to renewable sources will reshape energy markets over the coming decades. The disruption this will cause will give rise to plentiful opportunities for climate-tech businesses. The Thai government has already announced a number of measures it will implement in order to facilitate the transition. CURRENT SITUATION Before looking at the measures the Thai government is taking to support the energy transition, it is worth examining the status quo. Thailand’s energy needs are currently met by fossil fuels such as refined petroleum products and natural gas, as well as a mix of renewable sources such as solar, wind, biomass, and hydroelectricity. Petroleum Thailand is a net importer of both crude oil and refined oil products. Natural gas is sourced both domestically and through imports, which arrive through pipelines from Myanmar and as liquefied natural gas (LNG). With domestic gas supplies being depleted and limited opportunities for new investment in the upstream sector, LNG looks likely to play an increasingly important role in supplying Thailand’s energy needs in the coming decades. Earlier this year, the Department of Mineral Fuels, Ministry of Energy (DMF) announced the 24th bidding round for offshore exploration and production blocks; bids are due between 5 – 16 September 2022. Electricity Generation As of May 2022, Thailand’s installed grid capacity was approximately 46.8 GW.1 This does not include very small power producers (VSPPs), which are defined as power projects with an installed capacity of less than 10 MW. The figure also does not include so-called “behind...
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