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

Chusert Supasitthumrong

T:+66 2653 5793

E-mail

Partner
Bangkok

David Lyman

T:+66 2653 5597

E-mail

Partner
Bangkok

John King

T:+66 2653 5502

E-mail

Partner
Bangkok

Kasamesunt Teerasitsathaporn

T:+66 2653 5799

E-mail

Partner
Bangkok

Nandana Indananda

T:+66 2653 5879

E-mail

Partner
Bangkok

Srila Thongklang

T:+66 2653 5529

E-mail

Partner
Bangkok

Thawat Damsa-ard

T:+66 2653 5500

E-mail

Partner
Bangkok

Thomas J. Treutler

T:+84 4 3772 5633

E-mail

Partner
Hanoi

Tiziana Sucharitkul

T:+66 2653 5777

E-mail

Partner
Bangkok

Michael Turnbull

T:+66 2653 5808

E-mail

Of Counsel
Bangkok
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Datesort icon Title
September 16, 2014

ICC FraudNet Bangkok Conference on Fraud, Asset Recovery & Cross-Border Cooperation

David Lyman, Thawat Damsa-ard

On October 17, Tilleke & Gibbins will be cohosting the ICC FraudNet Bangkok Conference on Fraud, Asset Recovery & Cross-Border Cooperation. This English-language conference will bring...

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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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Datesort icon Title
June 14, 2013

Expanding the Potential for Secured Transactions

Kasamesunt Teerasitsathaporn, Michael Ramirez

Secured transactions refer to transactions secured by collateral, which guarantees the fulfilment of an obligation to repay loans. Currently, Thailand recognises only a limited class of security...

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May 31, 2013

Buying a House in a Land Development Project: Look Before You Leap

Alongkorn Tongmee

Recently, consumer interest in purchasing residential homes in Thailand has skyrocketed. In response to this, developers have launched numerous residential development projects catering to both...

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May 13, 2013

Supreme Court Judgments Offer Insight into Concurrent-Use Trademark Registration

Srila Thongklang, Nandana Indananda, Parichart Monaiyakul, Nuttaphol Arammuang

Disputes about the registrability of similar marks are on the rise in Thailand. When a brand owner’s attempts at trademark registration are thwarted by a prior-registered similar mark, one option...

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May 3, 2013

Creditors’ Rights over the Life Insurance of Debtors

Aaron Le Marquer

A person’s debts do not come to an end just because he or she has died. After the debtor has passed away, the creditor is entitled to seek repayment of the debt from the debtor’s estate. Some...

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April 11, 2013

Ferrari’s Prancing Horse Device Registered Under Concurrent Use

Nuttaphol Arammuang

This article first appeared on WTR Daily, part of World Trademark Review, in February 2013. For further information, please go to...

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