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

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

Suebsiri Taweepon

T:+66 2653 5877

E-mail

Associate
Bangkok

Teeravisit Suparmesit

T:+66 2653 5801

E-mail

Associate
Bangkok
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Datesort icon Title
May 24, 2013

Presentation for In-House Counsel on Thai Litigation Issues

Michael Ramirez, Chusert Supasitthumrong

Pacific Business Press, publisher of Asian-MENA Counsel magazine, is organizing the eleventh annual In-House Congress in Bangkok on June 6, 2013, at the Westin Grande Sukhumvit. Bringing...

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May 8, 2013

Netherlands-Thai Chamber Lunch Talk on Thai Court Procedures

Michael Ramirez

The Netherlands-Thai Chamber of Commerce, in collaboration with the Scandinavian, Swiss, and Benelux Chambers in Thailand, is organizing a lunch talk about the Thai court system, with an emphasis...

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April 29, 2013

Tilleke & Gibbins Interpreter Wins National Award

Uruphan Benjarurawong, manager of legal translation and interpretation at Tilleke & Gibbins, has won the prestigious Surintaracha Award as Thailand’s Best Interpreter for 2013. This award was...

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March 1, 2013

Chambers Asia-Pacific 2013: Nine Tilleke & Gibbins Attorneys Listed as Leading Lawyers

Alan Adcock, Jeffrey J. Blatt, Thawat Damsa-ard, David Duncan, Michael K. Lee, Cynthia M. Pornavalai, Sriwan Puapondh, Thomas J. Treutler, Darani Vachanavuttivong

In 2013 edition of Chambers Asia-Pacific, nine attorneys at Tilleke & Gibbins have been individually recognized for their outstanding work on behalf of their clients over the past...

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January 8, 2013

Tilleke & Gibbins Promotes Four to Partnership in Bangkok

Charunun Sathitsuksomboon, Kobkit Thienpreecha, Chusert Supasitthumrong, Sukontip Jitmongkolthong

Leading Southeast Asian regional law firm Tilleke & Gibbins has promoted four attorneys to the firm’s partnership, effective January 2013.

Coming from across the major practice groups...

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Datesort icon Title
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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March 21, 2014

The DSI’s Right to Investigate Customs Violations

Kasamesunt Teerasitsathaporn, David Lawrence

Business operators in Thailand should be familiar with the many administrative agencies that have regulatory and investigative authority. For example, under the Customs Act B.E. 2469, the Customs...

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March 4, 2014

Supreme Court Decision: Copyright Infringement of Geese in Reeds Sculpture

Nuttaphol Arammuang

It is very common for copyright owners to take action against those who are violating their rights by creating or distributing pirated works. In almost all cases, though, prosecutions of violators...

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February 25, 2014

Supreme Court Orders Registration of “Polo” Mark Despite Existence of Earlier “Polo” Marks

Nuttaphol Arammuang

In Young Sangyo Co Ltd v Department of Intellectual Property (November 25, 2013), the Supreme Court has overturned a decision of the Intellectual Property and International Trade Court (...

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