Eugene Thuraisingam LLP is well-known for its dispute resolution practice, specialising in corporate investigations amongst other practice areas. Can you please elucidate for us what an internal investigation of a corporation entails from a legal perspective? Each investigation will differ slightly depending on the matter being investigated and the purpose of the investigation. Nevertheless, there are two general principles that should anchor and guide the conduct of all internal investigations. First, in terms of process, a good internal investigation must be unimpeachable and conducted with the highest ethical and legal standards. Second, in terms of outcome, it should produce relevant and reliable evidence of the matters under investigation. We advise investigators to begin with the end in mind. What is the purpose of the investigation? Has there been an express allegation of misconduct by one or more employees that must be verified and dealt with? Or has there been a corporate breach that must be accounted for both internally and to the regulators, with any lapses identified and remedied quickly? The purpose will very often inform the process. However, the ends will not always justify the means. Internal investigators must remember that they are not law enforcement and must be careful to act within their legal powers. For example, requests to tap a subject employee’s private electronic devices or detain an employee for questioning must be considered carefully in light of the governing laws of the applicable jurisdiction. This will ensure that the fruits of the investigation will, if necessary, pass muster in a court of law or other tribunal. Lastly, one specific and frequently encountered area of legal...

Thailand’s energy needs are currently at a crossroads. At present, much of the energy consumed within the country is imported, and based on current projections, Thailand will become more dependent on imports in the coming decades. The Thai government hopes that new discoveries of domestic petroleum will reduce Thailand’s future dependency on foreign sources. On 7 April 2022, the Ministry of Energy (“MOE”) announced a new bidding round for offshore exploration and production blocks in the Gulf of Thailand (the “24th Bid Round”), this announcement was published on the Director-General of the Department of Fuels (“DMF”)’s website on 19 April 2022. This is the first opportunity for exploration of new offshore areas after a delay of 15 years. The 24th Bid Round consists of three offshore blocks in the Gulf of Thailand, identified as follows: Block G1/65 has an area of approximately 8,487.20 square kilometers, which is divided into two areas, i.e., area A covers around 8,298.49 square kilometers and area B covers around 188.71 square kilometers Block G2/65 has an area of approximately 15,030.14 square kilometers Block G3/65 has an area of approximately 11,646.67 square kilometers, which is divided into two areas, i.e., area A covers around 11,028.22 square kilometers and area B covers around 618.45 square kilometers The three blocks will be explored under a production sharing contract, with a six-year exploration period (with a possible extension of three-years) and a 20-year production period (with a possible extension of 10 years). Bidding Process Potential bidders for a production sharing contract under the 24th Bid Round must submit an application and all required documents to the DMF between...

An organization’s ability to manage contract activity effectively is crucial to its success. Large organizations typically have several thousand active contracts that require oversight to ensure compliance and profitable delivery. However, without good systems and controls, it is virtually impossible to manage them effectively and this can lead to significant risks, including: Missing critical contract dates and deadlines Failing to meet contract obligations Failing to make use of the most recent contract terms Inadequate governance and approval processes Time wasted on manual and administrative tasks Financial concerns, such as discount renewals, revenue leakage, and annual price hikes According to the International Association for Commercial and Contract Management, “companies lose 10% of their bottom line through ineffective contract management.” Contract lifecycle management (CLM) is described as a solution and process for managing the lifecycle of contracts from initiation through execution, performance, ongoing obligations and renewal/expiry. There are typically six key stages of managing the lifecycle of contracts: Initial requests – capturing contract requests consistently and accurately each time from the involved parties Triage, allocation and tracking of requests – reviewing, prioritizing and allocating each request to the right team and tracking it through to completion Creating contracts – gathering relevant terms, conditions and clauses that define the boundaries of the agreement Reviewing, negotiating and amending – negotiating specific parameters of the agreement and updating the contract to reflect the final positions Approval and execution – once all parties have agreed on the terms and conditions, the contract can be approved and executed Monitoring and tracking obligations – monitoring, tracking and reporting on compliance against key contract terms Technology, alongside the...

Although it is still early days, there is no doubt that the global economy has begun the process of transitioning from fossil fuel-based energy structures to lower carbon alternatives. The energy transition has already given rise to disruptions in markets, and these are likely to continue. One of the largest disrupters on the horizon is hydrogen; the prospects of a hydrogen-fueled energy transition is rapidly gaining traction. Hydrogen has the potential to disrupt numerous sectors due to some of its unique characteristics. Unlike fuel sources currently being used to power the electricity grid, hydrogen gas does not exist in significant quantities in nature, meaning it needs energy inputs to be produced. As such, it is often thought of alongside batteries, pumped storage, and other technologies that can help resolve intermittency limitations inherent in variable renewable energy sources, such as wind and solar. In addition to its energy storage capabilities, it can also be used as a feedstock in industrial processes. In this brief newsletter, we will provide an overview of the emerging hydrogen industry and the potential applications for the fuel, followed by a brief overview of Thailand’s potential for development and current legal framework. The Emerging Hydrogen Industry The colorful world of hydrogen Pure hydrogen exists as a transparent gas in ambient conditions, though as mentioned above, it does not exist naturally in this state in great abundance. As such, pure hydrogen must be produced from one of a variety of different processes with varying levels of carbon intensity. To provide shorthand reference points, the industry has adopted an unofficial color-coding scheme to identify the various processes involved. Grey...

Prioritizing the BCG Model At the end of 2021, an urgent global action plan to limit global warming from rising beyond 1.5 degrees Celsius was announced. During the 26th Conference of Parties (COP26), Thailand pledged to increase its nationally determined contributions to cut its emissions by 20 to 25 percent by 2030 with the aim to reach carbon neutrality by 2050 and reach a net-zero goal by 2065. Among many steps to be taken, the Thai Government has announced that a Bio-Circular-Green (BCG) Model will be part of the national agenda for the country’s development. A BCG Model Framework will be in effect from 2021 to 2026. The framework places a focus on farming and food, healthcare and pharmaceuticals, bioenergy and biomaterials, tourism, and creative economy sectors. Investment in the BCG Model will boost Thailand’s competitiveness in selling local products and services in the global market as well as attracting foreign investment. This is especially the case where a commitment to the environment, social, and governance (ESG) factors is increasingly expected from customers and investors around the world. For further information on ESG, please see our previous article (click here). What is a BCG economy – the cornerstone of the reform? BCG encompasses ‘Bioeconomy’, ‘Circular economy’ and ‘Green economy’. Bioeconomy aims to convert renewable biological resources into value-added products using science and new technologies. Circular economy focuses on the management of resources (e.g., reducing raw materials, extending product lifespans, reducing waste generation, and minimizing adverse impacts on the environment) and keeping the products and materials in use (i.e., reduce, reuse, recycle, remanufacture, and reprocess) to reach their maximum value....