Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2056 5777
T: +66 2056 5500
T: +84 4 3772 5633
T: +855 23 964 210

T: +66 2056 5995
T: +66 2056 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.

  •   
  • Page :
  • 1
  • 2
  • 3
  • 4
  • 5
Name Position Office

Aaron Le Marquer

T:+66 2056 5784

E-mail

Partner
Bangkok

Chusert Supasitthumrong

T:+66 2056 5793

E-mail

Partner
Bangkok

David Lyman

T:+66 2056 5597

E-mail

Partner
Bangkok

John King

T:+855 23 964 210

E-mail

Partner
Phnom Penh
Bangkok

Kasamesunt Teerasitsathaporn

T:+66 2056 5799

E-mail

Partner
Bangkok

Nandana Indananda

T:+66 2056 5879

E-mail

Partner
Bangkok

Srila Thongklang

T:+66 2056 5529

E-mail

Partner
Bangkok

Suebsiri Taweepon

T:+66 2056 5877

E-mail

Partner
Bangkok

Thawat Damsa-ard

T:+66 2056 5500

E-mail

Partner
Bangkok

Thomas J. Treutler

T:+84 4 3772 5633

E-mail

Partner
Hanoi
Ho Chi Minh City
  •   
  • Page :
  • 1
  • 2
  • 3
  • 4
  • 5
Datesort icon Title
October 13, 2016

The Asian Lawyer Emerging Markets Awards 2016: Tilleke & Gibbins Nominated in Five Categories

Darani Vachanavuttivong

Tilleke & Gibbins has been nominated in five categories in The Asian Lawyer’s Emerging Markets Awards 2016. The nominations, which include national, international, and individual...

Read more

September 28, 2016

Asialaw Asia-Pacific Dispute Resolution Awards 2016: Tilleke & Gibbins Named Law Firm of the Year in Thailand

Placing our firm at the top of the legal market, Tilleke & Gibbins has received the “National Law Firm of the Year – Thailand” award at the Asialaw Asia-Pacific Dispute Resolution Awards 2016...

Read more

September 7, 2016

Tilleke & Gibbins Client Seminar – Product Liability: Managing Risk and Protecting Your Company

Chusert Supasitthumrong, John Frangos

Product liability is an issue of utmost concern to many companies. When consumers encounter an unsafe product, a wide range of businesses throughout the value chain—from manufacturers to importers...

Read more

August 29, 2016

HR Law Summit 2016: Chusert Supasitthumrong to Speak on Resolving Labor Disputes

Chusert Supasitthumrong

Chusert Supasitthumrong, a partner in Tilleke & Gibbins’ dispute resolution and litigation group, will speak on the topic “Labor Dispute Resolutions: Discover How to Resolve Disputes...

Read more

August 22, 2016

Aaron Le Marquer to Join Panel Discussion at 2016 PLUS Hong Kong Symposium

Aaron Le Marquer

Aaron Le Marquer, partner in Tilleke & Gibbins’ dispute resolution group and head of the firm’s contentious insurance practice, will participate in a panel discussion at the 2016 PLUS Hong...

Read more

Datesort icon Title
June 3, 2015

Global Agriculture Law (1st Ed.) – Thailand Chapter

The first edition of Global Agriculture Law, a Q&A-style guide that provides detailed overviews of agriculture law worldwide, has been published. The guide covers key practical issues...

Read more

May 15, 2015

Class Actions Arrive in Thailand: Will the Law of Unintended Consequences Prevail?

Kasamesunt Teerasitsathaporn

In December of this year, amendments to the Civil Procedure Code allowing for class-action lawsuits will come into force. If the effects on the legal systems of other jurisdictions are good...

Read more

April 24, 2015

The Pharma Maze: Patent Enforcement in Vietnam

Loc Xuan Le, Linh Duy Mai

Vietnam is home to more than 90 million people. With its large population and an expanding economy, the country has become an attractive market for pharmaceutical companies. Since local drug...

Read more

April 7, 2015

Dispute Resolution Provisions in Thailand Contracts

John Frangos

Foreign investors that enter into Thailand-related investment transactions should consider using Thai courts as their venue for resolving disputes. While cross-border agreements commonly name...

Read more

March 20, 2015

Catch Me If You Can: Cases of Stock Manipulation

Ekkachai Roonpho, Thawat Damsa-ard

Last year, 23 people were alleged to have been involved in the manipulation of three separate stocks. The investigations and prosecutions in these cases are ongoing. In light of recent events,...

Read more