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.

Name Position Office

Linh Duy Mai

T:+84 4 3772 5537

E-mail

Associate
Hanoi

Loc Xuan Le

T:+84 4 3772 5536

E-mail

Associate
Hanoi

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

Nuttaphol Arammuang

T:+66 2653 5878

E-mail

Associate
Bangkok

Nwe Oo

T:+95 1 255 208

E-mail

Associate
Yangon

Saran Kleesuwan

T:+66 2653 5792

E-mail

Associate
Bangkok

Sarawut Khongman

T:+66 2653 5803

E-mail

Associate
Bangkok

Sasirusm (Roll) B. Chunhakasikarn

T:+66 2653 5785

E-mail

Associate
Bangkok
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November 19, 2013

Chambers Asia Pacific Awards 2014: Tilleke & Gibbins Shortlisted for Thailand Law Firm of the Year

Darani Vachanavuttivong, Tiziana Sucharitkul

Tilleke & Gibbins has been nominated by Chambers and Partners for the Thailand Law Firm of the Year award. Four other firms were shortlisted for the award, with the winner set to be announced...

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November 7, 2013

Protecting Your Directors: Seminar on December 3, 2013

Kobkit Thienpreecha, Michael Ramirez

Directors and officers of both local and multinational companies in Thailand are subject to a complex array of legal duties and obligations. When things go wrong, company executives routinely...

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November 5, 2013

The Legal 500 Asia Pacific 2014: Nine Tilleke & Gibbins Attorneys Recognized as Leading Individuals

Piyanuj (Lui) Ratprasatporn, Tiziana Sucharitkul, Thawat Damsa-ard, Darani Vachanavuttivong, Alan Adcock, Sriwan Puapondh, Jeffrey J. Blatt, Chinachart Vatanasuchart, Thomas J. Treutler

In the 2014 edition of The Legal 500 Asia Pacific, nine of Tilleke & Gibbins’ attorneys received recognition for their work on behalf of clients in Thailand and Vietnam. In Thailand,...

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September 3, 2013

Thawat Damsa-ard Recognized as a Leading Asset Recovery Lawyer

Thawat Damsa-ard

Thawat Damsa-ard, a partner and the chief litigator in Tilleke & Gibbins’ dispute resolution group, has been named in The International Who’s Who of Asset Recovery Lawyers 2013. In...

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June 19, 2013

Asian Legal Business: Tilleke & Gibbins Voted Employer of Choice 2013 in Thailand and Vietnam

Darani Vachanavuttivong, Tiziana Sucharitkul

Tilleke & Gibbins is one of the best employers in the legal marketplace in Thailand and Vietnam, according to a recent survey of legal professionals across Asia. In its June 2013 cover story...

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June 27, 2014

Dilemma: File a Claim or Nix the Contract?

Alongkorn Tongmee

Having multiple legal options is generally viewed as positive in a business context. It may, however, also imply the need to make a difficult decision—one with significant practical and legal...

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May 28, 2014

Damages in Trade Secret Litigation

Inthupim Chokwaranun

Calculating damages is a difficult process in all variants of litigation. Assessing damages in cases involving trade secrets is, however, a far more arduous undertaking, riddled with complexities...

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May 16, 2014

Thailand’s Customs Reward System: The Slow March Toward Reform

Michael Ramirez

In recent years, Thailand’s customs regime has come under increased international and domestic scrutiny. One reason is that Thailand remains one of the few countries that presume strict criminal...

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May 2, 2014

Product Liability Act: Is Your Business a Potentially Liable Party?

Chusert Supasitthumrong

Thailand’s Product Liability Act has been in force for six years but has not yet resulted in any landmark Supreme Court decisions. There are, however, many significant cases working their way...

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April 4, 2014

The Evolution of the Global Hospitality Brand

David Lawrence

Part 2 of 5: Defining the Owner-Brand Relationship

The previous article...

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