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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Date Title
March 26, 2007

Self-Preservation When a Spouse Goes Astray

Thawat Damsa-ard

This article in the Bangkok Post provides advice to women who are faced with marital infidelity by their husbands. The article includes comments from Thawat Damsa-ard, partner and chief...

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July 9, 2007

Popular Financing Option Should Not Be Confused with Leasing

Thawat Damsa-ard

This article focuses on hire-purchase contracts and residential property. The article includes comments from Tilleke & Gibbins partner Thawat Dams-ard.

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July 20, 2007

Spell Out Responsibilities Clearly

Thawat Damsa-ard

This article, focusing on landlord-tenant disputes, includes comments from Tilleke & Gibbins partner Thawat Damsa-ard.

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February 9, 2011

Tilleke & Gibbins Names New Partners

Alan Adcock, Nandana Indananda, Thomas J. Treutler

Tilleke & Gibbins, the largest independent law firm in Thailand, proudly announces the appointment of Alan Adcock, Nandana Indananda, and Thomas J. Treutler as Partners of the firm.

...

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October 16, 2007

Directors of Thai Companies Liable for Software Copyright Violation

This article warns directors of Thai companies about their potential liability if their employees violate copyright laws. Tilleke & Gibbins partner Edward Kelly warns directors to be proactive...

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Date Title
March 3, 2011

Getting the Deal Through – Arbitration 2011, Thailand Chapter

Kornkieat Chunhakasikarn

This chapter provides an overview of the arbitration system in Thailand. The chapter covers laws and institutions, arbitration agreements, arbitral tribunals, procedural issues, and awards, among...

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March 2, 2011

Facing the Facts of Child Abduction

Sasirusm (Roll) B. Chunhakasikarn

As the world is becoming more globalised, marriage between people of different nationalities is also becoming commonplace. In Thailand, marriages have been taking place between Thai nationals and...

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February 28, 2011

Protection of Business Trade Secrets in Thailand

Siraprapha Rungpry

Almost all enterprises have some form of trade secrets concerning their business and day-to-day operations. In the midst of other priorities, however, companies often lose sight of the need to...

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January 4, 2012

Lex Mundi Guide to Doing Business in Thailand 2012

This guide provides a detailed overview of doing business in Thailand. Topics covered in the guide include investment, import and export regulations, exchange controls, tax, requirements for...

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February 18, 2011

List of Laws Containing Directors’ and Managers’ Criminal Liability Provisions

David Lyman, Kobkit Thienpreecha, Weerawat Distapinyo

This document provides a list of all Thai statutes that deal with liability of corporate directors and officers.

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