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
October 1, 2015

Tilleke & Gibbins Seminar on October 28: Director and Officer Liability

Kobkit Thienpreecha, Michael Ramirez, Alongkorn Tongmee

Directors and officers are increasingly faced with potential exposure to liabilities, both inside and outside Thailand. These liabilities can and often do extend beyond regulatory compliance into...

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September 28, 2015

Tilleke & Gibbins Named Domestic Law Firm of the Year at TrustLaw Awards

Based on our “effort and enthusiasm in supporting pro bono clients over the last year,” Tilleke & Gibbins has been named the “2015 Domestic Law Firm of the Year” at this year’s TrustLaw Awards...

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September 25, 2015

Asialaw Asia-Pacific Dispute Resolution Awards 2015: Tiziana Sucharitkul Named Disputes Star of the Year in Thailand

Tiziana Sucharitkul

On September 24, the winners of the inaugural Asialaw Asia-Pacific Dispute Resolution Awards 2015 were announced at the Ritz-Carlton Hotel in Hong Kong, and Tiziana Sucharitkul, co-managing...

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September 11, 2015

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

John King, Thawat Damsa-ard

Through comprehensive, independent survey work involving the participation of general counsel and private practice lawyers, Who’s Who Legal: Asset Recovery 2015  has compiled a list...

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August 20, 2015

Upcoming Dataconsult Forum Will Focus on Class Actions in Thailand

Aaron Le Marquer, David Lawrence

The National Legislative Assembly recently passed a bill amending the Civil Procedure Code to allow for class action legal proceedings in Thailand. The bill has received royal endorsement, and it...

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Datesort icon Title
February 25, 2016

Myanmar Embraces International Commercial Arbitration

Michael Ramirez

Myanmar is entering a new chapter in its commercial arbitration history—on January 5, 2016, the country enacted a new Arbitration Law (Pyihtaungsu Hluttaw Law No. 5, 2016), reforming its domestic...

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February 19, 2016

Changes in Thailand’s Appeal System for Civil Cases

There are three tiers of courts in Thailand—the courts of first instance (Civil Court, District Court, Provincial Court, and other specialized courts), appeal courts, and the Supreme Court (Dika...

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January 26, 2016

PLC Patent Litigation Global Guide 2016/17 – Thailand Chapter

Nandana Indananda, Siraprapha Rungpry

Patent Litigation, published by Practical Law Company, provides a high-level overview of patent disputes, including patent infringement, conditions for a declaratory judgment,...

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January 26, 2016

PLC Patent Litigation Global Guide 2016/17 – Vietnam Chapter

Thomas J. Treutler, Loc Xuan Le, Linh Duy Mai

The latest edition of Patent Litigation  provides an overview of patent disputes in 29 jurisdictions worldwide, including how patent infringement is assessed, the conditions for a...

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January 15, 2016

Lex Mundi Guide to Doing Business in Thailand 2016

The Guide to Doing Business in Thailand, published by Tilleke & Gibbins in association with Lex Mundi, provides a comprehensive overview of the legal...

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