Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2653 5777
T: +66 2653 5500
T: +66 2653 5502
T: +84 4 3772 5633

T: +856 21 262 355
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 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

Kornkieat Chunhakasikarn

T:+66 2653 5804

E-mail

Associate
Bangkok

Linh Duy Mai

T:+84 4 3772 5537

E-mail

Associate
Hanoi

Loc Xuan Le

T:+84 4 3772 5536

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

Saran Kleesuwan

T:+66 2653 5792

E-mail

Associate
Bangkok

Sarawut Khongman

T:+66 2653 5803

E-mail

Associate
Bangkok
Datesort icon Title
September 15, 2014

Asian-Mena Counsel Names Tilleke & Gibbins as Firm of the Year in Thailand in Four Categories

Asian-Mena Counsel magazine has named Tilleke & Gibbins as Thailand Firm of the Year in four categories in its “In-House Community Firms of the Year” awards for 2014, which forms part...

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August 26, 2014

FCCT: Nandana Indananda to Speak on Commercial Surrogacy in Thailand

Nandana Indananda

Thailand’s industry of commercial surrogacy continues to find itself at the center of public debate, with the news of a Japanese man attempting to father at least 15 children through Thai...

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August 18, 2014

John E. King and Thawat Damsa-ard Named as Leading Asset Recovery Lawyers

John King, Thawat Damsa-ard

John E. King and Thawat Damsa-ard, partners in Tilleke & Gibbins’ dispute resolution group, have been recognized as leading asset recovery lawyers in Thailand by The International Who’s...

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August 13, 2014

Al Jazeera Interviews Nandana Indananda on Surrogacy in Thailand

Nandana Indananda

In light of the growing controversy surrounding the practice of commercial surrogacy in Thailand, Al Jazeera interviewed Nandana Indananda, a partner in Tilleke & Gibbins’ intellectual...

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August 7, 2014

Associated Press: Nandana Indananda Interviewed on Commercial Surrogacy in Thailand

Nandana Indananda

The issue of surrogacy has once again taken a foothold in the sphere of public debate with news of an Australian couple allegedly abandoning their disabled surrogate baby with his Thai surrogate...

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Datesort icon Title
March 9, 2015

The Risk of Carbon Copy Prosecutions in Thailand

John Frangos

Companies and individuals that admit to violating the U.S. Foreign Corrupt Practices Act (FCPA) for acts committed in Thailand risk criminal prosecution in Thai courts. When defendants in FCPA...

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March 6, 2015

Labor Disputes under Martial Law

Chusert Supasitthumrong

Martial law has been in force in Thailand since last May 20, when it was invoked by the military, which staged a full-scale coup two days later to bring an end to months of street demonstrations...

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February 27, 2015

Getting the Deal Through – Arbitration 2015, Thailand Chapter

Kornkieat Chunhakasikarn, John King

Getting the Deal Through – Arbitration 2015, published by Law Business Research, delivers a comprehensive overview of arbitration law in 60 jurisdictions around the world. The guide’s...

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February 4, 2015

Applying Preliminary Injunctions in IP Lawsuits in Vietnam

Loc Xuan Le

In commercial lawsuits in general, and IP lawsuits in particular, the ability of rights holders to access one or more forms of injunctive relief is of utmost importance. The availability and...

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January 27, 2015

Investor–State Arbitration in the ASEAN Economic Community

John Frangos

The free flow of investment is a key component of the ASEAN Economic Community (AEC). Higher levels of investment between ASEAN member states will increase the likelihood of disputes arising...

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