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.

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Name Position Office

Aaron Le Marquer

T:+66 2653 5784

E-mail

Partner
Bangkok

Chusert Supasitthumrong

T:+66 2653 5793

E-mail

Partner
Bangkok

David Lyman

T:+66 2653 5597

E-mail

Partner
Bangkok

John King

T:+855 23 964 210

E-mail

Partner
Phnom Penh
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

Suebsiri Taweepon

T:+66 2653 5877

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
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Datesort icon Title
April 27, 2016

John Frangos Interviewed on Aircraft Repossessions by Airfinance Journal

John Frangos

John Frangos, a consultant in Tilleke & Gibbins who heads the firm’s aviation practice, was interviewed by Airfinance Journal  for his thoughts on a recent case in which a...

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April 21, 2016

Asia Tax Awards 2016: Tilleke & Gibbins Nominated as Tax Firm of the Year in Asia, Myanmar, and Thailand

The nominations for the International Tax Review’s Asia Tax Awards have been announced, and Tilleke & Gibbins has been shortlisted in three categories:

April 18, 2016

Tilleke & Gibbins Named ALB Employer of Choice 2016 in Thailand and Vietnam

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has won the “Employer of Choice” award for 2016 in both Thailand and Vietnam, as determined by Asian Legal Business  magazine. For Thailand, this is the fourth...

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April 13, 2016

Tilleke & Gibbins Wins 2016 Who’s Who Legal Country Award for Thailand

Who’s Who Legal has named Tilleke & Gibbins as the winner of the 2016 Who’s Who Legal Country Award for Thailand. With the awards ceremony now in its third year, Tilleke & Gibbins was the...

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March 17, 2016

Labor Laws Updates 2016: Presentation by Chusert Supasitthumrong on Avoiding Employment Disputes

Chusert Supasitthumrong

Chusert Supasitthumrong, a partner in Tilleke & Gibbins’ dispute resolution and litigation group, will speak at “Labor Laws Updates 2016,” a conference hosted by Ideal Forum. The conference...

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Datesort icon Title
March 13, 2015

Patent Infringement Judgment Sets Precedent

Loc Xuan Le, Linh Duy Mai

On February 2, 2015, the Ho Chi Minh City Court held a public trial for a dispute arising out of an infringement of an agrochemical patent. The trial attracted significant attention from IP...

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March 9, 2015

Supreme Court Ruling on Marks Similar to Pharma INNs

In Thailand, the names ascribed by generic drug manufacturers to their pharmaceutical products are often similar to the names of pharmaceutical substances identified under the International...

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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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