Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2056 5777
T: +66 2056 5500
T: +84 4 3772 5633
T: +855 23 964 210

T: +66 2056 5995
T: +66 2056 5794

Tilleke & Gibbins fights for the rights and assets that matter most—from large monetary sums to crucial business relationships to invaluable intellectual property rights to personal freedom. And we win before trial and appellate judges, arbitrators, government adjudicators, and at negotiation tables. We are a litigation powerhouse.

We assemble lean, focused teams comprised of experienced litigators, specialized practitioners, and, as our most valuable member, our client. We collaborate with each client to develop a strategy that matches the client’s particular goals and budget. We staff our litigation teams with multilingual attorneys to ensure fluent, effective client communication. 

Our size, experience level, and depth permit us to handle an active caseload covering the full spectrum of civil and criminal matters. As a firm, we offer our clients over 120 years of litigating the most challenging cases in the region, 28 top litigators, and access to over 70 other legal experts. We are dedicated to finding the facts that matter, making the arguments that prevail, and taking each case through to successful resolution.

Among our recent victories, Tilleke & Gibbins has:

  • Acted on behalf of several multinational corporations in high-profile criminal customs disputes involving the assessment and calculation of customs duties and penalties. In addition to our representation in active customs investigations and inquiries, our customs experts regularly counsel clients in a variety of compliance and operational matters related to the import and export of goods and services in Thailand.

  • Represented an American manufacturing conglomerate in four complex defective product claims in Thailand. In all cases we successfully defended the client and secured favorable judgments after comprehensive trials in connection with power generation equipment with a value of approximately USD 3,000,000 each.

  • Negotiated a favorable settlement of a highly contested termination of a company director involving our client, the director, and the company of the spouse of the director. The dispute included two criminal cases and two civil cases (one of which involved a claim of THB 20,000,000). We successfully gathered evidence of the director’s misconduct and leveraged that evidence to secure a favorable settlement for our client.

  • Represented an industry leader in edible coatings. Our client purchased products from a supplier, the quality of which was certified by a third party. Although the third party was dismissed from the case by a lower court, we successfully convinced the Supreme Court to amend the judgment below and hold the third party liable for failing to examine the product.

  • Represented a well-known Japanese manufacturer in the prosecution of both civil and criminal matters related to use of confidential trade secret and theft of client property. Our client reached a favorable settlement in the civil claims. In the criminal matter, we worked with the police and the public prosecutor and successfully secured sufficient evidence to support prosecution of the criminal claims.

  • Represented the precious metals division of a large Japanese multinational corporation in claims it filed against its shipper and freight forwarder for the loss of gold dram.

  • Represented an international investment banking and asset management company in recovering funds provided to a Thai property developer (claims total USD 15,000,000).

  • Planned and executed the layoff of 1,900 employees. Thereafter, 279 of the affected employees submitted claims against the client in the total amount of THB 300,000,000. We successfully proved that our client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in our client’s favor. This was a high-stakes matter because, if we had lost the labor cases, the approximately 1,600 additional employees would have filed claims totaling approximately THB 2,000,000,000. We also act as ongoing labor compliance counsel.

  • Protected the right of a charitable foundation to a newly-constructed center for disabled persons and preserved all of the benefits that flowed from the center to the community and needy persons. The foundation purchased a plot of land and constructed a center on the land to benefit disabled persons. Before the transfer of the property, but after the building was completed, the land was attached by a judgment creditor. The court of first instance and the appellate court declined to release the land. With little hope of success, the foundation came to our firm. We convinced the Supreme Court that the land should be released because the foundation had a preferential right. The land and the center for the disabled was returned to the foundation.

  • Defended a global multi-industry company against an international insurance provider in four civil cases pertaining to gas turbine engines, and led the court to dismiss all four claims.

  • Represented a subcontractor in a construction dispute against the prime contractor of a controversial wastewater management project (claims exceed USD 33,000,000).

  • Assisted a client whose wife had abducted his daughter and wrongfully withheld assets valued at over USD 1,000,000. We successfully mediated this case, which involved both family and criminal matters. The parties agreed to a divorce and the daughter was returned to our client.

  • Represented a foreign brewery in a dispute against a local brewery pertaining to a joint venture agreement. The local brewery alleged that our client had terminated the joint venture improperly and took the case to arbitration. Our litigation strategy (based on both the issue of termination and the issue of bad faith) gave us leverage to successfully settle the case.

  • Negotiated the resolution of a large medical malpractice claim involving several health professionals. 

  • Defended one of the leading global hotel management companies in a civil lawsuit for trademark infringement brought by a well-known real estate development company in Thailand. With our strong legal arguments and reliable documents and evidence, we convinced the IP&IT Court that our client was entitled to use its trade name and trademark in connection with its hotel business. The civil lawsuit was dismissed and the Trademark Registrar granted the registration of our client’s trademark application according to the judgment of the IP&IT Court.

  • Secured a victory for the top producer of welding electrodes in Thailand against a local infringer in a landmark passing-off case before the Supreme Court of Thailand. The client’s resounding success may be attributed to the defensive strategy of using multiple separate trademark registrations to collectively cover the entire package design.

  • Acted on behalf of our client before the IP&IT Court and obtained a very favorable settlement just prior to the rendering of judgment in what has been widely regarded as the largest and most complex patent infringement case in Thai history. In this multijurisdictional case, our team not only secured a rare Anton Piller order to seize infringing goods, which enabled us to successfully prove infringement, but also formulated extensive strategies for protecting the validity of our client’s patent.

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Name Position Office

Aaron Le Marquer

T:+66 2056 5784

E-mail

Partner
Bangkok

Chusert Supasitthumrong

T:+66 2056 5793

E-mail

Partner
Bangkok

David Lyman

T:+66 2056 5597

E-mail

Partner
Bangkok

John King

T:+855 23 964 210

E-mail

Partner
Phnom Penh
Bangkok

Kasamesunt Teerasitsathaporn

T:+66 2056 5799

E-mail

Partner
Bangkok

Nandana Indananda

T:+66 2056 5879

E-mail

Partner
Bangkok

Srila Thongklang

T:+66 2056 5529

E-mail

Partner
Bangkok

Suebsiri Taweepon

T:+66 2056 5877

E-mail

Partner
Bangkok

Thawat Damsa-ard

T:+66 2056 5500

E-mail

Partner
Bangkok

Thomas J. Treutler

T:+84 4 3772 5633

E-mail

Partner
Hanoi
Ho Chi Minh City
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Datesort icon Title
November 17, 2016

Asian-Mena Counsel: Tilleke & Gibbins Named Firm of the Year for IP (Thailand) and Life Sciences (Vietnam)

Darani Vachanavuttivong, Thomas J. Treutler

Asian-Mena Counsel  magazine has named Tilleke & Gibbins as Thailand Firm of the Year in Intellectual Property and Vietnam Firm of the Year in Life Sciences in its In-House...

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November 16, 2016

The Legal 500 Asia Pacific 2017: Twelve Tilleke Attorneys Named as “Leading Individuals”

The 2017 edition of The Legal 500 Asia Pacific  has named 12 Tilleke & Gibbins lawyers as “Leading Individuals” across Southeast Asia:

...

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November 14, 2016

Euromoney Asia Women in Business Law Awards 2016: Tilleke & Gibbins Named Thailand Firm of the Year

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has been named Thailand Firm of the Year at the Euromoney Legal Media Group Asia Women in Business Law Awards 2016. The awards ceremony was held on November 9 at the JW...

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November 4, 2016

Asialaw Profiles 2017: Tilleke & Gibbins Leads All Firms in Rankings in Thailand

Asialaw Profiles 2017, a guide to the leading domestic and regional firms in the Asia Pacific, has awarded top rankings to Tilleke & Gibbins in Thailand. The rankings, which are...

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November 4, 2016

Tilleke & Gibbins Recognized as a Leading Firm in Vietnam by Asialaw Profiles 2017

Tilleke & Gibbins has been placed at the top of the legal market in Vietnam in the 2017 edition of Asialaw Profiles, a guide to the leading domestic and regional firms in the Asia...

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Datesort icon Title
November 25, 2016

Changes to Thailand’s Appeal System Affect Absentee Convicted Criminals

Ittirote Klinboon

Recent amendments to Thailand’s criminal law make it harder for convicted criminals who do not appear for sentencing to appeal their cases. Under the current law, defendants who are on the run are...

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November 23, 2016

Important Supreme Court Decision on Suggestive Marks

Parichart Monaiyakul

The recent amendments to Thailand’s Trademark Act No. 3 B.E. 2559 (2016) introduce a number of significant changes. No changes, however, were made to the requirement of distinctiveness in Section...

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August 24, 2016

Global Patent Litigation 2016 – Thailand Chapter

Nandana Indananda, Piyawat Kayasit

The 2016 update of Global Patent Litigation  provides a comprehensive overview of patent law and litigation in six jurisdictions. It covers how a patentee can enforce a patent and...

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August 19, 2016

Product Liability: Recalls and Business Impact

Chusert Supasitthumrong

A number of well-known companies have recently recalled their products from the market to fix problems or defects. Whenever a recall occurs, business suffers. First, there is the cost of...

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August 17, 2016

Getting the Deal Through – Dispute Resolution 2016, Thailand Chapter

Thawat Damsa-ard, Surapong Damrongtrakoolsak

Getting the Deal Through – Dispute Resolution  provides an overview of dispute resolution laws and procedures in 39 jurisdictions worldwide. Thawat Damsa-ard, partner, and Surapong...

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