Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2653 5777
T: +66 2653 5500
T: +84 4 3772 5633
T: +855 23 964 210

T: +66 2653 5995
T: +66 2653 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.

Name Position Office

Loc Xuan Le

T:+84 4 3772 8811 ext. 120

E-mail

Associate
Hanoi

Nakarin Yensuang

T:+66 2653 5894

E-mail

Associate
Bangkok

Nitipong Boonsong

T:+66 2653 5810

E-mail

Associate
Bangkok
Vientiane
Yangon

Noppadon Treepetchara

T:+66 2653 5791

E-mail

Associate
Bangkok

Nuanchun Somboonvinij

T:+66 2653 5800

E-mail

Associate
Bangkok

Nwe Oo

T:+95 1 255 208

E-mail

Associate
Yangon

Piyawat Kayasit

T:+66 2653 5878

E-mail

Associate
Bangkok

Ploynapa Julagasigorn

T:+66 2653 5866

E-mail

Associate
Bangkok

Rati Kerdpu

T:+66 2653 5885

E-mail

Associate
Bangkok

Sarawut Khongman

T:+66 2653 5803

E-mail

Associate
Bangkok
Datesort icon Title
June 9, 2015

ALB Diversity List 2015: Tilleke & Gibbins Counted Among Top Firms

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has been included in the first edition of the Diversity List, a list compiled by Asian Legal Business—forming part of the magazine’s “Women in Law” feature—that...

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June 4, 2015

Advanced HR Workshop: Investigating Employee Fraud in the 21st Century

David Lawrence, Nuanchun Somboonvinij

Tilleke & Gibbins and PwC will host an English-language seminar on the topic, “Advanced HR Workshop: Investigating Employee Fraud in the 21st Century.” The seminar, which is aimed at local and...

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May 25, 2015

David Lawrence and Sasirusm (Roll) B. Chunhakasikarn Interviewed on Workplace Misconduct by BK Magazine

David Lawrence, Sasirusm (Roll) B. Chunhakasikarn

As part of a report that marks seven years since the Labor Protection Act recognized sexual harassment as a distinct form of workplace misconduct, David Lawrence, consultant, and Sasirusm...

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May 18, 2015

Michael Ramirez to Present at Joint AMCHAM and TCCC Breakfast Briefing on New Thai Class Action Legislation

Michael Ramirez

In December of this year, amendments to Thailand’s Civil Procedure Code which provide for a form of class action litigation will become effective. The introduction of class actions will likely...

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May 14, 2015

David Lawrence to Participate as a Panelist at Questex Hotel Investment Conference

David Lawrence

David Lawrence, a consultant in Tilleke & Gibbins’ dispute resolution group, will participate as a panelist at the Questex 7th Asia Pacific Hotel Investment Conference on “Investment...

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Datesort icon Title
January 8, 2016

Reorganization: Business Survival During a Crisis

Chusert Supasitthumrong

Thailand is no stranger to tumultuous events, be it unrest in the Deep South, widespread flooding, economic slowdowns in trading partners, domestic protests, exchange rate instability, global...

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December 21, 2015

Aircraft Repossession in Vietnam

Chuyen Hong Huu Le, John Frangos

Vietnam’s aviation industry is growing rapidly. According to an IATA forecast, between 2013 and 2017 Vietnam is expected to be the seventh-fastest-growing market for international passengers, and...

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November 27, 2015

Constitutionality of Criminal Customs Claims: Challenges in Absence of a Permanent Constitution

Kasamesunt Teerasitsathaporn, Michael Ramirez

Since 1932, Thailand has had 17 constitutions. During periods of non-elected regime change, usually following military coups, constitutions have been abrogated with interim charters put in place...

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November 5, 2015

The Asia-Pacific Investigations Review 2016 – Vietnam Chapter

Michael K. Lee, John Frangos

The Asia-Pacific Investigations Review 2016  (1st Edition), a guide that provides analysis of the important issues in internal and government investigations across the Asia-Pacific,...

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November 5, 2015

The Asia-Pacific Investigations Review 2016 – Thailand Chapter

Michael Ramirez

The first edition of The Asia-Pacific Investigations Review 2016, a multijurisdictional guide to the law and practice of international investigations, has been published by Global...

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