Authored Publications

These are publications penned by our partners and lawyers focusing on their relevant areas of specialisation.

What's New

Rajah & Tann Asia Member Firms Contribute the Singapore and Thailand Chapters of Contract Laws of Asia – Liquidated Damages and Penalty Clauses

Two member firms of Rajah & Tann Asia, Rajah & Tann Singapore and R&T Asia (Thailand), have contributed the Singapore and Thailand Chapters, respectively, of the "Contract Laws of Asia – Liquidated Damages and Penalty Clauses" guide jointly published by the Asian Business Law Institute ("ABLI") and the Singapore Academy of Law. This is the second full-fledged publication under ABLI’s Contracts Project which aims to produce a set of standard-form contract terms where risks are relatively evenly allocated and which can be valid in a majority of Asian jurisdictions.

This publication focuses on:

  • Practical operation of liquidated damages clauses in contracts in select common law jurisdictions, including restrictions placed on such clauses, defences to claims under such clauses, treatment of claims under such clauses in the event of insolvency of the obligor, etc.
  • Whether the common law concept of liquidated damages exists in select civil law and hybrid jurisdictions, and if this concept does not exist, where are the analogous remedies available in those jurisdictions, and how those remedies differ from liquidated damages in the common law context.

 The guide covers the following jurisdictions and governing laws:

  • Civil law and hybrid jurisdictions: China, Indonesia, Japan, the Philippines, Thailand and Vietnam
  • Common law: Australia, England and Wales, India, Malaysia, New York, Singapore

Sim Chee Siong, Soh Lip San and Matthew Koh from Rajah & Tann Singapore authored the Singapore chapter, while Ittichai Prasongprasit and Thamolwan Cheewakriengkrai from R&T Asia (Thailand) penned the Thailand chapter.

Rajah & Tann Asia is one of the Founding Partners of ABLI, a non-profit permanent think tank dedicated to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws.

To read the full guide, please click here

R&T Asia (Thailand) Contributes to Lexology Getting The Deal Through: Litigation Funding 2023 – Thailand Chapter

R&T Asia (Thailand)has contributed the Thailand chapter of Lexology's Getting The Deal Through series on Litigation Funding.

Third-party litigation funding has become increasingly popular in recent years. It involves the funding of a claimant’s legal proceedings (which may extend to arbitration as well as litigation) by a third party in exchange for a share of the award if the claim is successful. If the claim fails, the claimant is not liable to reimburse the third-party’s costs, essentially transferring the costs risks of the litigation to the third-party.

The Thailand chapter provides an overview of litigation funding in Thailand, covering aspects such as its regulation, conditional fees and other funding options, and costs and insurance, among others. 

The chapter was authored by Surasak VajasitMelisa UremovicChotiwit Ngamsuwan, and Supawadee Vajasit. 

To read the full chapter, please click here.

Rajah & Tann Asia Member Firms Contribute the Singapore and Thailand Chapters of Contract Laws of Asia – Indemnities

Two member firms of Rajah & Tann Asia, Rajah & Tann Singapore and R&T Asia (Thailand), have contributed the Singapore and Thailand Chapters, respectively, of the "Contract Laws of Asia – Indemnities" guide jointly published by the Asian Business Law Institute ("ABLI") and the Singapore Academy of Law. 

Indemnity clauses frequently appear in commercial contracts in the common law countries. Although they have since found their way into contracts in civil law jurisdictions and their use in commercial transactions in these countries has become increasingly popular, the common law concept of indemnity may not be fully appreciated in the civil world. The guide thus focuses on the following:

  • Operation of indemnity clauses in contracts in select common law jurisdictions, such as when such clauses are commonly sought, the advantages and disadvantages of an indemnity, and how a claim under an indemnity clause differs from a claim for damages for breach of contract; and
  • Whether the common law concept of indemnity exists in select civil law and hybrid jurisdictions, and if this concept does not exist, where are the analogous remedies available in those jurisdictions.

The guide covers the following jurisdictions and governing laws: 

  • Civil law and hybrid jurisdictions: China, Indonesia, Japan, the Philippines, Thailand and Vietnam
  • Common law: Australia, England and Wales, India, Malaysia, New York, Singapore

Loh Chun Kiat, Goh Jun Yi  and Debbie Woo from Rajah & Tann Singapore authored the Singapore chapter, while Ittichai Prasongprasit from R&T Asia (Thailand) penned the Thailand chapter. 

Rajah & Tann Asia is one of the Founding Partners of ABLI, a non-profit permanent think tank dedicated to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. 

To read the full guide, please click here

 

Contribution of Thailand Chapter on Litigation Funding to Lexology's Getting the Deal Through Series

R&T Asia (Thailand) has contributed the Thailand chapter in Lexology's Getting the Deal Through series on the topic of litigation funding.

Third-party litigation funding has become increasingly popular in recent years. It involves the funding of a claimant's legal proceedings (which may extend to arbitration as well as litigation) by a third party in exchange for a share of the award if the claim is successful. If the claim fails, the claimant is not liable to reimburse the third-party's costs, essentially transferring the costs risks of the litigation to the third-party.

The Thailand chapter provides an overview of litigation funding in Thailand, covering aspects such as its regulation, alternative funding options, and costs and insurance, among others.

The chapter was authored by Surasak Vajasit, Melisa Uremovic, Chotiwit Ngamsuwan, and Supawadee Vajasit. To read it, please click here

Global Legal Insights to: Employment & Labour Law 2018 (6th Edition)

This publication covers key topics including labour markets trends, legislative changes, recent court decisions, case law affecting employers’ decision-making over dismissals and redundancies, and likely or impending reforms in 29 jurisdictions. The Thailand chapter was contributed by Partners Teoh Sui Lin and Saroj Jongsaritwang. Published on 8 January 2018. Published by, and reproduced with kind permission from, Global Legal Group Ltd, London.

International Comparative Legal Guide to: Cybersecurity 2018

This publication provides a practical cross-border insight into cybersecurity work. The Thailand chapter was contributed by Partners Sui Lin Teoh and Saroj Jongsaritwang. Published by, and reproduced with kind permission from, Global Legal Group Ltd, London.

Thailand: Employment & Labour Law

This country-specific Q&A provides an overview to employment and labour law in Thailand. Published by The Legal 500, this article was contributed by Partners Teoh Sui Lin, Supawat Srirungruang and Saroj Jongsaritwang, and Senior Associate Yingrak Treesaranuwattana.

The Consumer Finance Law Review – Edition 1

The Thailand chapter was contributed by Partners Teoh Sui Lin and Saroj Jongsaritwang. Reproduced with permission from Law Business Research Ltd. The e-book and the PDF of the publication can be accessed here.  (Choose ‘Banking and Finance’ category and click on the title of the publication.)