PDLegal LLC

On 8 January  2025, the Thai Government Gazette published a royal decree introducing  a Notification on Exemption from Keeping a Record of Processing Activities for Data Controllers who are Small or Medium-Sized Enterprises B.E. 2567 (2024) and a Notification on Exemption from Keeping a Record of Processing Activities for Data Processors who are Small or Medium-Sized Enterprises B.E. 2567 (2024) (collectively, “Notifications”) issued by the Thai Personal Data Protection Committee (“PDPC”). The Notifications exempts small or medium-sized enterprise (“SME”) data controllers (“Data Controller”) and data processors (“Data Processor”) from maintaining a Record of Processing Activities (“RoPAs”) under the Personal Data Protection Act 2019 (“PDPA”). The Exemption for SME Data Controllers will take effect on 8 April 2025, whereas the Exemption for SME Data Processors will take effect from 9 January 2025. Under the PDPA, a Data Controller is defined as an individual or legal entity with the authority to make decisions regarding the collection, use, or disclosure of personal data. A Data Processor is defined as an individual or legal entity that processes personal data on behalf of a Data Controller. It is to be noted that the Notifications only applies to Data Controllers from Small or Medium-Sized enterprises (SMEs). Definition of Small or Medium-Sized Enterprises (SMEs) The requirements to be considered as a SME under the Ministerial Regulations on Designation of the Characteristics of SME Promotion Act B.E. 2562 (2019) are as follows: Type of Enterprise Sector Annual Revenue Workforce Small Enterprises Manufacturing ≤ THB 100M ≤ 50 headcounts Wholesale, Retail, and Service ≤ THB 50M ≤ 30 headcounts Medium Enterprises Manufacturing > THB 100M ≤ THB 500M > 50 headcounts ≤ 200 headcounts Wholesale, Retail, and Service > THB 50M ≤ THB 300M > 30 headcounts ≤ 100 headcounts Currently under the PDPA, other businesses exempt from RoPAs requirements include: Community or social enterprises as per related laws. Cooperatives, cooperative unions, or agriculturist’s groups under the law on cooperatives. Foundations, associations, religious bodies, or non-profit organizations. Household businesses or similar enterprises. Internet cafe service providers. The new Notifications exempts SMEs data controllers from the need to maintain the ROPAs under PDPA. This significant change not only cuts down on business operational costs but also saves valuable time, allowing SMEs to focus more on growth and innovation instead of administrative tasks. It is important to note that SMEs are not exempt from complying with other duties under the PDPA, such as those that promote awareness of data protection and security matters among a company’s personnel and those that periodically review the company’s security measures and policies. We recommend all our clients who may qualify as a SMEs to review these new Notifications, alongside existing PDPA laws and updated regulations carefully to ensure that your data protection practices align with the latest legal requirements and exemptions.  

The Singapore International Arbitration Centre (SIAC) has unveiled the 7th edition of its Arbitration Rules, effective 1 January 2025.These rules apply to arbitrations commenced on or after this date, unless otherwise agreed by parties. The 2025 Rules demonstrates SIAC's commitment to procedural efficiency, fairness, transparency, and user-friendliness by introducing innovative mechanisms aligned with global standards.  Key Deviations from Draft Rules  Three notable deviations from the draft rules published for consultation in August 2023 are: Absence of presumption for consent to publish decisions unless objected to in writing;[1] Exclusion of a mandate for diversity and inclusion principles in arbitrator appointments; [2] and Removal of a challenge ground for arbitrators based on failure to act as per the Rules or prescribed timelines.[3] 10 Key Features of the 2025 SIAC Rules Streamlined Procedure Designed for disputes of low monetary value, the Streamlined Procedure under Rule 13 and  of the Arbitration Rules of the Singapore International Arbitration Centre, 7th Edition, 1 January 2025 (“SIAC Rules 2025”)  is applicable to disputes  where the amount in dispute in arbitration does not exceedSGD1 million[4] or if parties have agreed to apply the Streamlined Procedure prior to the constitution of the tribunal.[5] Its notable aspects include: Sole Arbitrator: A sole arbitrator shall be appointed for all streamlined procedure arbitrations.[6] The rules set out for Streamlined Procedure under the SIAC Rules 2025 will take precedence over the arbitration agreement, including an agreement for multi-member tribunals.[7] More Expeditious: The sole arbitrator must be nominated within three days[8] and the award must be issued within three months from the date of the constitution of the tribunal[9] Cost Efficiency: The new rules cap the SIAC’s administrative and the arbitrator’s fees at 50%.[10] This streamlined process supports cost-effective resolutions for smaller claims. Default position: Rule 13 provides that the Streamlined Procedure will be the default position where criteria have been met, unless parties agree otherwise by agreement in writing. Further, it is open for the parties to apply to the President of the Court of SIAC for a determination that the Streamlined Procedure should not apply, Expanded Expedited Procedure Under Rule 14 of the SIAC Rules 2025, the monetary ceiling for expedited procedures has been raised from SGD6 million to SGD10 million, introducing a floor limit of SGD1 million due to the Streamlined Procedure.[11] This expansion ensures swifter resolutions for lower mid-value disputes. A sole arbitrator is appointed notwithstanding an agreement for a multi-member tribunal, and with the final award must be issued within six months from the date of constitution of the tribunal, promoting arbitration efficiency.[12] Preliminary Determination Tribunals can now render final and binding preliminary decisions on key legal or factual issues, reducing time and costs.[13] Applications must demonstrate potential savings and efficiency, with tribunals issuing decisions within 90 days of application filing.[14] Emergency Arbitrator Procedures The SIAC Rules 2025 enhances emergency arbitrator provisions by permitting applications for the appointment of an Emergency Arbitrator before submitting a Notice of Arbitration, provided they are submitted within seven days.[15] Emergency Arbitrators can issue interim protective measures, including preliminary protection orders, within tight timelines (24 hours), ensuring urgent ex-parte relief for parties.[16] Early Dismissal of Claims and Defences Tribunals can dismiss claims or defences that are manifestly without merit or outside their jurisdiction.[17] Early dismissal decisions are mandated within 45 days of application filing.[18] Security for Costs and Claims Parties can now seek separate applications for costs and claims security.[19] Tribunals may issue consequential directions if parties fail to comply with orders and may modify or revoke orders based on material changes.[20] This provision ensures fairness and adherence to international standards. Coordinated Proceedings Rule 17 of the SIAC Rules 2025 allows tribunals to coordinate related arbitrations involving common legal or factual issues, enabling concurrent or sequential hearings.[21] This innovation is particularly valuable for interconnected contracts or multi-party disputes, promoting procedural coherence. Third-Party Funding Transparency Mandatory disclosures of third-party funding arrangements now apply, including funder identity and the funding agreement to ascertain the funders interest in the outcome of the proceedings and whether the funder has committed to undertake adverse cost liability.[22] To prevent conflicts, tribunals may direct parties to withdraw funding agreements entered into post-tribunal constitution.[23] These rules enhance arbitration integrity and transparency. Supporting Amicable Resolution Parties may now comment on the adoption of amicable dispute resolution methods such as mediation in their Notice of Arbitration and Response to the Notice of Arbitration.[24] Further, Tribunals must consult parties on settlement prospects at the first case management conference[25] and may suspend proceedings to promote amicable resolutions, reflecting SIAC’s balanced approach to effective dispute resolution.[26] Award Timelines Tribunals must propose award submission timelines within 30 days of final submissions (written or oral), with a 90-day outer limit for making the award from the date of the last directed submission.[27] These changes foster predictability and timeliness in the arbitral process. Conclusion The SIAC Rules 2025 represent a comprehensive overhaul of SIAC’s arbitration framework, emphasizing efficiency, transparency, and adaptability. By incorporating user feedback and aligning with international best practices, SIAC continues to set benchmarks in arbitration excellence. Parties engaging in SIAC arbitrations should familiarize themselves with the SIAC Rules 2025 to maximize the benefits of this forward-looking framework. Parties should also consider the effects of the SIAC Rules 2025 on their concluded SIAC arbitration agreements. Footnotes [1] Draft 7th Edition of the Singapore International Arbitration Centre Rules (Consultation Draft) (hereinafter “SIAC Rules (Consultation Draft) 2023”), Rule 60. [2] SIAC Rules (Consultation Draft) 2023, Rule 19.5. [3] SIAC Rules (Consultation Draft) 2023, Rule 26.1 (d). [4] SIAC Rules 2025, Rule 13.1 (b). [5] SIAC Rules 2025, Rule 13.1 (a). [6] SIAC Rules 2025, Schedule 2, paragraph 1. [7] SIAC Rules 2025, Schedule 2 paragraph 17. [8] SIAC Rules 2025, Schedule 12 paragraph 2. [9] SIAC Rules 2025, Schedule 12 paragraph 15. [10] SIAC Rules 2025, Schedule 12 paragraph 16. [11] SIAC Rules 2025, Rule 14.2 (a). [12]  SIAC Rules 2025, Schedule 3 paragraph 1 and Schedule 3 paragraph 6. [13] SIAC Rules 2025, Rule 46.1. [14] SIAC Rules 2025, Rule 46.4 (b). [15] SIAC Rules 2025, Schedule 1 paragraph 6. [16] SIAC Rules 2025, Schedule 1 paragraph 16, Schedule 1 paragraph 7 and Schedule 1 paragraph 27. [17] SIAC Rules 2025, Rule 47.1. [18] SIAC Rules 2025, Rule 47.4 (b). [19] SIAC Rules 2025, Rule 48.1 [20] SIAC Rules 2025, Rule 48.2. [21] SIAC Rules 2025, Rule 17.1. [22] SIAC Rules 2025, Rule 38, Rule 38.1 and Rule 38.2. [23] SIAC Rules 2025, Rule 38.3. [24] SIAC Rules 2025, Rules 6.4(a) and 7.3. [25] SIAC Rules 2025, Rule 31.4 (a). [26] SIAC Rules 2025, Rule 50.2 (l). [27] SIAC Rules 2025, Rule 53.1 and Rule 53.2.

PDLegal LLC has joined forces with the Singapore office of international law firm Hill Dickinson in an alliance that allows both firms to extend their scope of services. The two firms have entered a Formal Law Alliance, which received approval from the Singapore Legal Services Regulatory Authority and became effective from 1 August 2024. It will operate under the name Hill Dickinson PDLegal Alliance. The alliance will be able to accept instructions on Singapore law as well as foreign – including English – law matters, pooling the resources of the two firms. Both firms remain entirely separate entities while being able to advise and assist clients jointly in an efficient and streamlined fashion. PDLegal LLC is a leading full-service regional law firm, headquartered in Singapore. The firm’s experienced team of lawyers have been consistently ranked and recognised by legal directories and publications and is equipped to handle matters related to a broad range of practices. They include corporate and commercial, disputes, FinTech, insolvency and restructuring, maritime and shipping, and real estate. PDLegal’s extensive clientele includes multinational and blue-chip companies, government-linked agencies, professionals and high net worth individuals. Hill Dickinson opened in Singapore in 2009 and has grown to become one of the largest and busiest Marine and Trade teams in the country.���The team is particularly well-renowned for its casualty, shipping and trade disputes work. It also has a growing reputation for commercial arbitration, especially in respect of offshore and marine construction, and in marine-related transactional work and commercial advisory services, including regulatory and sanctions matters. Peter Doraisamy, Managing Partner of PDLegal, added: “Hill Dickinson is a global commercial law firm and we are excited to join forces with them. This demonstrates our commitment to growing our capabilities in this globalised world. Being allied with a larger international law firm allows us to provide our clients with the holistic support needed to navigate the complexities of international law while ensuring compliance with local regulations. The FLA further adds to our regional capabilities offered though our Thailand office, and our China, India, and Malaysia Desks.” “Our decision to partner with a local law firm is in direct response to what our clients have told us they need,” explained Andrew Lee, Managing Partner of Hill Dickinson’s Singapore office. “In the 15 years since we opened in Singapore, the key to our success has been to work closely with our clients, really listen to what they want and evolve our service offering to accommodate that.” Andrew continued “Partnering with PDLegal at this juncture comes at exactly the right time for us as an established international law firm practising in Singapore. The alliance allows us to simplify the legal process for our clients by giving them a single point of contact for all their legal matters, whether subject to local or international law. Knowing that they can directly access Singapore law advice through Hill Dickinson not only in respect of arbitration matters, which we already do, but in many more areas, gives our clients the added reassurance that we have responded to their requirements and that they will continue to benefit from the very highest levels of legal excellence and client care.” Under the Formal Law Alliance (FLA), the firms will work more closely together and jointly undertake work requiring expertise in both English and Singapore law. For the full press release, visit the link below: https://lnkd.in/gXUbAb5i