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PRACTICE AREA
“Nothing in life is to be feared. It is only to be understood.”
– Madam Marie Curie
“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.”
– U.S. President Abraham Lincoln
“The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape.”
– Ralph Waldo Emerson
Never go into a legal dispute unprepared whether it occurs within an arbitration, alternative dispute resolution (ADR) proceeding or in a courtroom. PILO handles a wide range of contentious and potentially contentious matters both in and out of court. In particular, our practice benefits from over fifteen years of experience before general and specialized courts in Thailand, as well as experience in international arbitration and ADR before panels formed under various bodies including the Thai Arbitration Institute (TAI), United Nations Commission on International Trade Law (UNCITRAL), International Chamber of Commerce (ICC) and the Singapore International Arbitration Center (SIAC).
In addition, PILO also recognizes that arbitration and litigation often result in lost management time and other valuable resources and hence should often come as a last resort. Where the economics of a case do not warrant it, a surprisingly common occurrence, PILO will often advise against arbitration and litigation and advocate abbreviated mediations and negotiations in their stead.
Our clients include both Thais and foreigners ranging in size from individuals to multinational corporations. Likewise, our areas of expertise are broad in scope and range from general contractual and corporate disputes to financial disputes, international trade and intellectual property disputes, wills and estates, product liability, consumer advocacy and medical malpractice to name just a few.
“Money won’t create success. The freedom to make it will.”
– South African President Nelson Mandela
PILO prides itself on its Banking & Finance practice vis-à-vis comparably sized law firms in Thailand.
Our services include:
- Offering legal advice on short-term mechanisms (e.g., overdrafts, promissory notes, and bills of exchange), long-term mechanisms (e.g., term loan) & trade finance mechanisms (e.g., letters of credit, trust receipts and packing credits).
- Offering legal advice on project financing and syndicated loan agreements.
- Assisting clients that wish to establish asset management companies, property funds, and private funds.
- Drafting derivative agreements like futures, options, and swaps according to the International Swaps and Derivatives Association (ISDA) standards.
Advising on initial public offerings (IPOs), trading securities and investing in the Stock Exchange of Thailand (SET).
“Capitalism without bankruptcy is like [religion] without hell.”
– Frank Borman
“It is said that the world is in a state of bankruptcy, that the world owes the world more than the world can pay.”
– Ralph Waldo Emerson
Sadly, many businesses fail due to cash flow problems and must undergo restructuring at least once in their lives or even bankruptcy proceedings. Our team benefits from prior experience working with commercial, national and international banks and lenders. Members of PILO’s legal team have familiarity in advising both creditors and borrowers on such matters as security interests (including mortgages, pledges, and guarantees), assignments, novations, and insolvencies (such as debt restructuring and workouts, securitizations, and business reorganization). We are especially apt at helping creditors and lenders acquire companies or properties through the restructuring process.
Let us put our experience to work for you.
“Business, more than any other occupation, is a continual dealing with the future; it is a continual calculation, an instinctive exercise in foresight.”
– Henry R. Luce
“All lasting business is built on friendship.”
– Alfred A. Montapert
Most of PILO’s work stems from this broad practice area. On the corporate side, our team members have advised on such areas as foreign direct investment, formation and maintenance of appropriate business vehicles, joint ventures, distributorships, franchisee and sales representative arrangements, general corporate and commercial matters, regulatory compliance, mergers and acquisition, and business closure. On the commercial side, we assist clients in negotiating, drafting or formalizing various commercial transactions including sale of goods and services, as well as lease agreements. Our team also has experience in international trade matters. PILO represents clients of all sizes ranging from sole proprietorships to multinational corporations.
“He, who does not prevent a crime when he can, encourages it.”
– Lucius Annaeus Seneca
Thailand’s last financial crisis in 1997 was orchestrated by educated men of wealth remorselessly convinced of the necessity of their actions. Arbitrage, price manipulation, misrepresentation, and breach of trust are a few of the implements of choice in such elaborate skeins of fraud and deceit. The depredations of white collar crime to stock markets and currency value are not easily overcome by either political or legal plasters.
The classic ruse to detect financial crime is to scour for tax evasion. In Thailand, it is the Revenue Code, B.E. 2481 (1938), which holds sway determining the extent of penal liability. However, the Securities and Exchange Act, B. E. 2535 (1992), and the Anti-Money Laundering Act, B.E. 2542 (1999), are the primary legislations for any plausible attempt of meting out justice against financial crime. The last amendment to the Securities and Exchange Act, B.E. 2535 (1992), provides for more rigorous enforcement, augmented investor protection and a recast Securities Exchange Commission in keeping with modern requirements. The Department of Special Investigation is more often than not, tasked with evidence collection.
Other ancillary laws pertinent to the subject of white collar crime include the Computer-Related Offence Act, B.E. 2550 (2007), the Customs Act, B.E. 2469 (1926), the Public Limited Companies Act, B.E. 2535 (1992), and the Penal Code B.E. 2499 (1956), which perceives fraud as a compoundable offence.
In addition to white collar crimes, PILO also handles other criminal charges including homicides. PILO humbly offers its unstinting services for those facing criminal charges or those interested in filing the same. Our Litigation Department can also mount a daunting defense should the need arise
“Family is the only real wealth.”
– Dark Shadows
The basic tenets of family law in Thailand may be found in the voluminous Civil and Commercial Code, B.E. 2535 (1992). The relevant subjects broadly covered include marriage, personal property, land ownership, divorce, and succession. Enforcement of rights pertaining to family matters is exclusively before the Juvenile and Family Court though ancillary matters may be determined by other Courts.
PILO offers extensive experience and the requisite tact and rigor tempered with delicacy when it comes to family matters be they pre-nuptial agreements, divorce proceedings or estate planning.
“Money is like manure. You have to spread it around or it smells.”
– J. Paul Getty
“Go East, Young Man.”
– U.S. Supreme Court Justice William O. Douglas
Thailand is still heavily dependent on foreign direct investment. While PILO’s experience in commercial & corporate matters is quite broad, our practice has developed particular strengths in dealing with foreign claims as well as direct investment opportunities including through the Board of Investment (BOI) and the Industrial Estate Authority of Thailand (IEAT). From reviewing joint venture contracts and shareholder agreements to establishing your business structure to analyzing and advocating your position on foreign claims, PILO stands ready to assist you.
“Immigration is not just compatible with but is a necessary component of economic growth.”
– Dave Reichert
“Anyone who thinks it’s smart to cut immigration is sentencing [his country] to poverty.”
– Australian Prime Minister Malcom Turnbull
The increasing movement of talented people across borders to work and engage in business is an inevitable side effect of increasing globalization. PILO advises clients on Thai immigration law and can assist them in navigating the Thai immigration system to obtain appropriate visas and work permits. We can also assist clients in establishing permanent residence in Thailand as a precursor to naturalization.
“Information technology and business are becoming inextricably interwoven. I don’t think anybody can talk meaningfully about one without the talking about the other.”
– Bill Gates
“A variety of national and international studies indicate that the broad-based deployment of information technology can have a substantial impact on [a] nation’s economic productivity and growth as well as the educational and social success of [its] citizens.”
– Tim Holden
Not only has the information age brought the ready access of ideas, information and commerce, but also sophisticated legal requirements for which all businesses should be aware. Our team stands ready to provide legal advice in all areas of information technology law including licensing to operate online businesses, formation of online contracts, functional equivalent and digital signatures under the Electronic Transaction Act, B.E. 2544 (2001) as well as advising on duties and liabilities of service providers under the Computer-Related Offence Act, B.E. 2550 (2007). Let PILO be your partner in guiding you through this developing area of Thai law.
“Intellectual property has the shelf life of a banana.”
– Bill Gates
“People have to respect intellectual property.”
– Coco Lee
The recognition, registration and protection of intellectual property have become critical to the operation of the global economy especially in this knowledge-based age. In addition to the mainstay areas of copyrights, service marks/trademarks, product designs, trade secrets, licensing and franchising issues, PILO engages in patent and petty patent registrations and enforcement.
“For the only way in which a durable peace can be created is by world-wide restoration of economic activity and international trade.”
– James Forrestal
International trade is the motor that drives the global economy, as well as the Thai economic machine. International trade issues occur at every business level and are not limited to disputes between nations or those involving large multinationals. PILO offers legal advice in all aspects of international trade as it pertains to Thailand. Our services include reporting on government activities and trends, import and export licensing, structuring international transactions including the use of International Chamber of Commerce Incoterms and UCP 600 (Uniform Customs And Practice For Documentary Credits 600), enforcing international contracts, advising on tariffs and non-tariff barriers, preparation of anti-dumping petitions, advising on Thai customs laws and practices, and dispute resolution involving Thailand’s Central Intellectual Property and International Trade Court.
“It is only through labor and painful effort, by grim energy and resolute courage, that we move on to better things.”
– U.S. President Theodore Roosevelt
The Latin phrase “Labor omnia vincit” (“Hard work conquers all”) pays tribute to the importance of labor in establishing and running a successful business. PILO advises, negotiates and litigates on behalf of employers and employees in all aspects of Thai labor law and practices. Such diverse experience is of great benefit to our clients involved in labor matters.
“The regulation of medicine has been a State function”.
– Barney Frank
Thailand has become one of the top medical tourism hubs in the world offering high-quality medical services in a politically neutral country at competitive prices and with far less hassle and wait than is typical in many other countries even in the developed world. The inflow of foreign patients, however, has also raised a plethora of medico-legal issues which PILO is uniquely qualified to address vis-à-vis other law firms in Thailand. Our expertise is divided into 2 main areas:
- Medical Jurisprudence: The branch of medicine that touches upon the legal and ethical aspects of medical practice. These include the legal and ethical duties of physicians; the civil rights of patients including issues of capacity, competence, sanity and lawful fitness; and the assessment of injuries to patients including work-related injuries. Common examples of this branch of medicine includes capacity and consent to medical treatment, bioethics, assisted reproduction issues including those involving Gamete Intrafallopian Transfer (GIFT) & In Vitro Fertilization (IVF) procedures, clinical research, human tissue transplantation, and mental health among others.
- Medical Law: The branch of law that deals with the rights and responsibilities of both medical professionals and patients. In particular, these include the right to confidentiality and medical malpractice. Common examples of this branch of law includes medical malpractice (both defense and plaintiff side) and adoption, among others.
“People can have a long-term life plan if they know their private property is secure.”
– Mencius
“When you have a lot of construction going on, it sends a message of vitality that builds up consumer confidence.”
– Mick Cornett
A key part in establishing a business or relocating to Thailand for work purposes deals with real estate. We regularly advise clients on the acquisition, leasing, building and development, use, encumbrance, and disposal of all real estate interests ranging from condominiums to land, houses, office buildings, resorts and turnkey factories.
“The hardest thing to understand in the world is the income tax.”
– Albert Einstein
One of the two inevitable facts of life is the payment of taxes. Our team regularly advises businesses as well as groups and individuals on all aspects of taxation. We advise on personal and corporate income tax, withholding tax, value added tax, specific business tax, property and land tax, special taxes such as petroleum and signboard taxes, customs duties, excise tax, double tax treaties, and can assist in tax planning efforts to legally reduce your liability in Thailand.
“The only two certainties in life are death and taxes.”
– Benjamin Franklin
Planning for or dealing with the inevitable doesn’t have to be a difficult experience. Our wills & estates practice benefits from our many years representing both the estates of decedents as well as beneficiaries. The PILO team can assist clients in drafting wills, appointing administrators and properly administering the estates of the recently deceased in Thailand.
“Each and every notary public plays a crucial role in combating identity theft. They serve as our front line of defense and the public is safer because of the job they do.”
– Ken Salazar
Making a formal declaration, taking an oath or having certified copies of important documents is an inevitable part of modern life. PILO stands ready to assist clients in attesting to the authenticity of their signatures, certifying true copies of personal photographs and private documents for use both in Thailand and abroad pursuant to the Rules of the Lawyers Council of Thailand.
As the world shrinks and business continues towards globalization, accurate communication becomes even more critical. To this end PILO offers document translation and interpretation from English to Thai and vice versa.
