Laos/Thailand/Cambodia/Myanmar

The Mekong River zone has experienced high economic growth in recent years, a trend which is expected to continue given the relative youth of populations of countries in the region. This, along with other factors, is driving an increase in the operations of many Japanese companies in the area.

In addition to Thailand, which already has a developed economy, and Vietnam, which has been successful in maintaining steady economic growth, Laos, Cambodia, and Myanmar have diversified their industrial structures since their transition to a market economy and have liberalized trade and investments by concluding free trade agreements (FTAs) and joining the World Trade Organization (WTO). With the establishment of the Association of Southeast Asian Nations (ASEAN) and the expansion of its membership, the region's transportation and energy infrastructure has been developing at an accelerated pace to promote trade and investment. The region also has made progress in resolving social issues such as labor, health, and education, and cross-border issues such as protection of the environment and the movement of people and goods.

Atsumi & Sakai has been providing comprehensive legal services in Vietnam for many years by seconding Japanese attorneys to a local law firm, A-PAC International Law Firm. In July 2024, we established a new office (Atsumi & Sakai Vietnam Law Firm) in Ho Chi Minh City, one of the largest economic centers of Southeast Asia, from where we provide a wide range of legal services advising on Japanese and Vietnamese law in Vietnam and across all countries in the Mekong region through partnerships with local law firms.

Sample Material Transactions

Acted as counsel to a Japanese company on golf course and real estate development projects in Thailand, including negotiations, contract review, and providing other advice.
Counsel to a Japanese government-backed financial institution on a syndicated loan to a Thai company, including documentation of related contracts and legal research.　
Review and risk analysis of EPC contracts for railroad projects in Thailand.
Drafting a letter of intent and basic joint venture agreement and providing other advice on a logistics and traffic improvement project in Myanmar.
Drafting joint venture agreements with a Myanmar counterparty and providing other advice.
Representation of the buyer company in the acquisition of a shoe factory in Cambodia, providing structuring and local procedural advice, and assisting with contract drafting.
Supported a large-scale hospital project in Phnom Penh city, Cambodia, including in connection with drafting a three-way joint venture agreement among a major Japanese company, a government investment company, and a neurosurgery hospital, and advised JICA on loan terms and a land acquisition scheme.
Conducted research on business-related laws and regulations for the Ministry of Justice in Laos.
Participated in and provided advice for JICA's legal system development support projects in Laos.

Major Research Achievements

General survey of antitrust law exemptions regarding the practical operation of antitrust laws in various countries around the world, including Thailand and Myanmar, as well as the agreements, etc. used by companies in each jurisdiction.
Research on business combination regulations in antitrust laws around the world, including Thailand.
Research on competition law and leniency systems, procedures, and law enforcement by competition authorities around the world, including Thailand.
Research and report on commodity (oil, iron ore, coal, precious metals, non-precious metals, and freight and their indices) derivatives legislation in Thailand, Malaysia, and the Philippines for the benefit of a major Japanese trading company.
Survey on systems that may affect the proper handling of specific user information in countries around the world, including Thailand, Myanmar, Cambodia, and Laos.

Related Seminars

“Crisis Management for Bribery/Human Rights Issues in Laos,“ at the regular meeting of the Japanese Chamber of Commerce in Laos, June 2023
“Contract Practices and PMI Leading to Successful Cross-border M&A in South East Asia (with Dispute Resolution in Mind),” hosted by Atsumi & Sakai, Kudun & Partners, ES NETWORKS CO., LTD., and Japan Institute for Overseas Investment (JOI), April 24, 2023　
"Law and Dispute Resolution in Laos" at the "Foreign Investment Policies and Economic Laws in ASEAN Countries," hosted by Kobe University Center for Social Systems Innovation, November 2022
"Real Estate Legislation and Practice in Laos" at "The Asia-Pacific Legal System Study Group," hosted by the International Cooperation Department, Legal Research Institute, Ministry of Justice, July 2022
"Issues when Supporting the Development of Legal Systems: Assistance in Drafting a Civil Code in Laos" at the Osaka University Lecture "Law and Development" Open Class, May 2021