Herbert Smith Freehills launches latest Guide to “Dispute Resolution in Asia Pacific”

Dispute Resolution in AP

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As a result of a rise in global economic activities around the region, Asia is experiencing the inevitable increase in commercial and investment disputes, both litigation and arbitration, with a multi-jurisdictional dimension.

Our updated Guide to Dispute Resolution in Asia Pacific aims to provide answers to some of the basic questions a party unfamiliar with a particular jurisdiction will wish to ask when facing the prospect of having to engage in a dispute resolution process in that jurisdiction. Aspects of litigating and arbitrating across the region will, though, not only be of interest to parties once they are faced with a dispute, but also at the stage of negotiating contracts, when deciding on the choice of law and whether to include jurisdiction or arbitration clauses in favour of a particular jurisdiction.

This year, as well as including a new chapter on Laos, we have added three new questions across each of the 19 key jurisdictions that are featured in the guide covering the following areas: class actions, disclosure of electronic documents, and the service of foreign proceedings.

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New class action law in Thailand

The Thai Civil Procedure Code has been amended to allow for class action suits to be brought by large groups of plaintiffs for breach of civil wrongs, including breach of tort, breach of contract and breach of labour rights. The amendment is the product of a 14-year class-action amendment consultation process, involving collaboration between Thailand and the United States. The resulting Thai class action law is heavily based on United States class action civil procedure laws. Continue reading