Dispute Resolution and Litigation

Featured Publication: Dispute Resolution 2012
Contacts
T: +66 2653 5777
T: +66 2653 5500
T: +66 2653 5502
T: +84 4 3772 5633

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 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.

  • Represented 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

Thawat Damsa-ard

T:+66 2653 5500

E-mail

Partner
Bangkok

John King

T:+66 2653 5502

E-mail

Partner
Bangkok

Jakkrit Bunmee

T:+66 2653 5505

E-mail

Consultant
Vientiane
Bangkok

Srila Thongklang

T:+66 2653 5529

E-mail

Partner
Bangkok

Timothy Wales

T:+66 2653 5555

E-mail

Consultant
Bangkok

David Lyman

T:+66 2653 5597

E-mail

Partner
Bangkok

David Lawrence

T:+66 2653 5729

E-mail

Consultant
Bangkok

Anyamani Yimsaard

T:+66 2653 5776

E-mail

Associate
Bangkok

Tiziana Sucharitkul

T:+66 2653 5777

E-mail

Partner
Bangkok

Chitchai Punsan

T:+66 2653 5779

E-mail

Associate
Bangkok
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Date Title
February 23, 2012

Chusert Supasitthumrong Wins ILO Client Choice Award for Employment and Labor

Chusert Supasitthumrong

International Law Office (ILO), an online resource providing legal updates for corporate counsel, today announced that Tilleke & Gibbins attorney Chusert Supasitthumrong has won an ILO Client...

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March 2, 2012

Nine Tilleke & Gibbins Attorneys Recognized by Chambers Asia-Pacific 2012

Cynthia M. Pornavalai, Darani Vachanavuttivong, Thawat Damsa-ard, Sriwan Puapondh, Hassana Chira-aphakul, Alan Adcock, Michael K. Lee, Thomas J. Treutler

Nine attorneys at Tilleke & Gibbins were individually recognized by Chambers Asia-Pacific 2012 for outstanding work on behalf of their clients over the past year. The following...

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March 5, 2012

Nandana Indananda Presents on IP at Japanese Embassy

Nandana Indananda

On March 2, Nandana Indananda, a Partner with the Tilleke & Gibbins IP group, gave a presentation for Japanese embassy officials from several ASEAN countries, who had gathered at the embassy...

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March 9, 2012

Chusert Supasitthumrong to Present on Labor Issues During Crises

Chusert Supasitthumrong

The 2011 floods in Thailand were devastating for both Thai citizens and companies. Operational unpredictability, work stoppages, and recovery were just some of the many uncertainties faced by...

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March 15, 2012

Darani Vachanavuttivong to Speak on Injunctive Relief at ASEAN IPA 2012 Conference

Darani Vachanavuttivong

Darani Vachanavuttivong, Co-Managing Partner and Managing Director of the Tilleke & Gibbins IP group, will participate in a panel at the upcoming ASEAN Intellectual Property Association 2012...

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Date Title
July 14, 2008

Supreme Court Ruling: Extension of Scope of Protection for a Patented Invention

Srila Thongklang, Suebsiri Taweepon

In March 2008, the Supreme Court rendered its judgment to affirm an earlier judgment by the Central Intel­lectual Property and International Trade Court regarding the infringement of the patented...

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August 1, 2008

Creditors’ Claims in Bankruptcy Actions

Chusert Supasitthumrong

The continuous rise in oil prices over the past two years has reached an unprecedented level. The reason for such a sharp rise is the source of much debate. However, what is clear is the...

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August 15, 2008

Cyber Crime: Big Brother Is Watching

On July 19, 2007, Thailand’s new Computer Crimes Act (CCA) took effect. CCA Section 26 made data retention mandatory for all “Service Providers,” who would be required to keep records of their...

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September 3, 2008

IP&IT Court Decisions on the Limits of Board of Trademarks’ Authority

Rungroj Kobkitwattanakul

The issue of the authority and duty of the Board of Trademarks has been widely discussed within the Thai legal profession. At the heart of this discussion is the fact that the Board often uses its...

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September 12, 2008

A New Tool for Real Estate Buyers

Chitchai Punsan, Ittirote Klinboon, Tiziana Sucharitkul

Thailand’s property market is still on the rise and highly competitive. Advertisements for new real estate developments are everywhere, and with them are promises of freebies. While some projects...

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