In addition to the below questions one of our partners suggests that we need, in addition, to clarify the following points for the alert to bring maximal added value:
1. What is really triggering the application of Thai consumer protection law ? The simple fact the client find himself on Thai territory?
2. Are there any concrete factors or situations that would reduce or eliminate this risk? For example:
a. Reverse solicitation?
b. Signature of contracts outside Thailand
c. Signature of a contracts that specifically refer to a foreign court/arbitral court and regulation
d. Or all of these elements would be of no importance as soon as there is a contact with a Thai client in Thailand?
3. How plausible and realistic is the hypothesis that a bank would be really prosecuted in Thailand when it is strictly acting on a cross-border basis (via remote means of communication)?
4. Is there any practice, case law or official position from the authorities that would explain how aggressive they are in implementing such rules/handling or prosecuting any breach of rules?