In his capacity as a member of the Legal Committee of the American Chamber of Commerce, Jerrold Kippen recently organized and moderated a presentation and discussion of the current draft of the Thai Arbitration Institute’s new rules for the conduct of arbitration proceedings under its auspices. DUENSING KIPPEN invited Khun Prachya Yuprasert – Director of the Thai Arbitration Institute, to present the draft, and to highlight the proposed changes to the current rules. Questions and comments from the audience were taken and moderated by Jerrold after the presentation. To facilitate the discussions DUENISING KIPPEN provided all in attendance with an English language translation of the draft rules/changes. The event was attended by over 30 of Thailand’s leading domestic and international arbitration practice specialists from 11 firms. Following on Jerrold’s question and Khun Prachya’s welcoming invitation in reply, Jerrold is now leading the preparation of an informal white paper of comments on the draft rules by the practitioners in attendance which will be submitted to the Thai Arbitration Institute for their consideration shortly.
Olaf Duensing and Jerrold Kippen have been working in their capacities as Partners at DUENSING KIPPEN and as members of the American Chamber of Commerce of Thailand’s Legal Committee to explore and possibly prepare a proposal to the Thai government regarding regulating the professional practice of real estate agency in Thailand to accord with international standards. Accordingly, by invitation on Saturday, 24 August 2013, in Pattaya, Olaf Duensing will speak to this much needed regulation at the “Thailand Real Estate Future, ready for AEC 2015″, How you see ASEAN integration and the proposed “licensing” for Real Estate Agents working?” forum organized by The Real Estate Sales and Marketing Association of Thailand, in conjunction with the National Association of Realtors (NAR), the world’s leading real estate association, who have joined forces to present this educational forum. The NAR’s global headquarters is in the United States with a membership of over 1.3 million individual members and 80 Real Estate organizations with more than 60 countries connecting a worldwide real estate network of global markets. The event organizers hope that this will be “the first step towards standards for the Thailand real estate industry and real estate licensing for agents.”
By invitation Jerrold Kippen will be representing Thailand as a delegate at the Chartered Institute of Arbitrator’s annual international conference on 22 – 24 August 2013 in George Town, Penang, Malaysia. The event is expected to be attended by some 300 delegates from over twenty-five countries and will bring together the world’s leading arbitrators, arbitration scholars and arbitration counsel practitioners.
DUENSING KIPPEN’s client, a well-known international vacation club company, was recently hailed to civil court in Thailand by the client’s former construction contractor. DUENSING KIPPEN Associate Attorney, Tippaya Moonmanee, argued that the complex contractual arrangement between the client and contractor provided a cognizable arbitration agreement under the Arbitration Act of Thailand, the contractor must pursue its claim by way of the international arbitration mechanism provided in the contract, and that the suit must be dismissed. The court agreed and the suit was dismissed.
DUENSING KIPPEN has been engaged to represent a global ultra-luxury villa resort brand to represent it in constructing and structuring and operating its approximate THB 450 M/USD 15 M single resort villa site on the island of Yao Noi in Phang Nga, province near Phuket, Thailand.
In a recently concluded international arbitration proceeding under the auspicious of the Thai Arbitration Institute, the Tribunal’s sole arbitrator, a Thai national, awarded DUENSING KIPPEN’s non-Thai investor client the client’s full claim amount plus interest from the time the claim was ripe at 7.5%/annum. The client’s Thai joint-venture partner argued that the arbitration clause was ineffective so the Tribunal had no legal power to determine the issue presented and issue an Award accordingly. Alternatively, the joint-venture partner also argued that the DUENSING KIPPEN’s client had breached the joint-venture agreement. However, the Tribunal found that: the arbitration agreement was valid; the client did not breach the joint-venture agreement; but that it was the Thai joint-venture partner who breached the parties’ agreement.
Olaf Duensing and Jerrold Kippen recently contributed their considerable collective arbitration expertise to the American Chamber of Commerce of Thailand’s bi-annual business magazine publication: Thai-American Business or “T-AB” with an article entitled: “Arbitration: enforcing contracts out side of Thai courts”. The article provides Amcham’s business community with a general and accessible overview of the availability and high advisability of including arbitration as the designated dispute resolution mechanism in their business contracts. To view the article click on the following link and see pages 24 and 26.
On Thursday, 29 November 2012 the American Chamber of Commerce of Thailand’s Legal and Greater Phuket Chapter Committees will be co-hosting: “Doing business in Thailand: 3 things you should know”:
1) Doing business without Thai nominees
2) The increasing focus on criminal corrupt practices/anti-bribery legislation
3) Enforcing contracts outside the Thai court system: arbitration
Speaking on each topic will be three distinguished members of American Chamber of Commerce of Thailand’s Legal Committee. Olaf Duensing was invited to lend his considerable arbitration expertise to the planel and will be speaking on topic (3) above. Jerrold Kippen, highly experienced in all three areas the panel will discuss, was selected to moderate the panel’s discussions and interaction with the audience from whom questions will be taken at the conclusion of the presentation. The event will be held at and sponsored by The Royal Phuket Marina, Phuket. Registration starts at 4:00 p.m. The program begins at 4:30 p.m. and will wrap up at 6:00 p.m. with a networking reception to follow immediately after. The event will be free for American Chamber members and costs Thai Baht 100 for non-members. However, it is expected that the event will draw a very large audience and attendees are advised to contact the American Chamber to book their seats well in advance.
Olaf Duensing, in his role as a second term Board Trustee of the International Business Association of Phuket, presided over the opening ceremonies of the International Business Association of Phuket’s Seventh Annual 2012 Business Fair held this year at the Jungceylon Mall in Patong, Phuket. This year’s fair was held on 8 and 9 September and boasted over 30 delegate business exhibitors. Several thousand guests enjoyed the two full days of continuous entertainment and informative presentations. In his opening ceremony speech Olaf commended the vast diversity of the Phuket business community and its resilience in face of the current economic crisis.
DUENSING KIPPEN’s non-Thai/foreign client purchased a luxury (THB 21 M/USD 700,000) condominium unit at Naithon Beach on the Island of Phuket, Thailand on a long-term leasehold basis. The lease agreement included a “Freehold Option” clause, which is a common provision in such lease agreements due to the significant restrictions on foreign freehold ownership of land in Thailand. The Freehold Option would provide for the foreign lessee to receive freehold title to the condominium unit if and when such was legally available. Although a common clause in such long-term lease agreements to foreign purchasers in Thailand, the developer argued it was not enforceable. In what is perhaps the first actual test of such provision, DUENSING KIPPEN successfully represented its client in enforcement of this provision with the Thai court ordering the immediate transfer of the freehold title to the unit to DUENSING KIPPEN’s client.