Sarawut Khongman

Attorney-at-Law

T: +66 2653 5803

F: +66 2653 5678

E: sarawut.k@tilleke.com

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PRACTICE

OFFICE

LANGUAGE

Thai, English

EDUCATION

LLB, The University of Thai Chamber of Commerce

Sarawut Khongman is a litigator in the firm’s dispute resolution group. Sarawut’s primary area of practice is in commercial litigation, with a particular emphasis on maritime, insurance, bankruptcy, and breach of contract disputes.  

A member of the firm’s leading maritime practice group, Sarawut has successfully represented global transportation and logistics providers, shipowners, underwriting agents, carriers, freight forwarders, neutral NVOCCs, and other major players in the maritime industry in Southeast Asia. He has handled complex litigation involving cargo claims, ship collisions, allegations of criminal fraud, and other maritime claims.     

Sarawut also manages a large docket of breach of contract and bankruptcy matters. He has secured wins for multinational corporations and charitable foundations, with several of the favorable judgments being rendered in Thailand’s Supreme Court. 

In addition to representing business entities, Sarawut acts for individual clients in tort, probate, criminal, and related litigation. He specializes in wrongful death cases and has obtained favorable out-of-court settlements on confidential terms for several individuals.  

Sarawut is a member of the Thai Bar Association and the Lawyers Council of Thailand.

  • Proved that our client was innocent in the critical appeal of a criminal case. The court of first instance ruled that our client, the head of a company commissioned to tow a historical submarine from Europe to Asia, committed fraud and assessed a lengthy term of imprisonment. We zealously appealed this judgment. Our persuasive arguments led the appellate court to conclude that our client’s innocence was proven beyond a reasonable doubt.

  • Secured the dismissal of a large cargo claim brought by a joint-venture insurance company against a domestic freight forwarder. We successfully proved that our client was not liable because our client was not a carrier or actual carrier of goods. The court dismissed the plaintiff’s claim against our client.

  • Defended a logistics company against an insurance claim in the amount of over THB 1,300,000. We successfully argued that our client should only pay in accordance with its liability limits and saved the client over THB 1,000,000.

  • Negotiated a settlement, on behalf of a shipowner, of a ship collision matter involving multiple vessels and substantial damage claims.

  • Defended one of the world’s leading neutral NVOCCs in a cargo claim brought by a top domestic insurer.

  • Represented two global freight forwarders in litigation brought by an ASEAN-based insurance company and pertaining to loss of goods.

  • Represented a leading global shipping group in ship collision and cargo claim litigation filed by a domestic exporter.

  • Advised on multiple matters concerning maritime cargo claims.

  • 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.

  • 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.

  • Defended a global multi-industry company against an international insurance provider in four civil cases pertaining to gas turbine engines. We proved that the evidence provided by the opposing party’s witnesses was inadmissible hearsay. We also introduced expert testimony that contradicted the plaintiff’s witnesses and led the court to dismiss the four claims.

  • Obtained court approval of bankruptcy claims in  amounts of over THB 75,000,000 (company 1), THB 75,000,000 (company 2), and THB 150,000,000 (company 3). Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our clients’ right to the sums.

  • Obtained court approval of a bankruptcy claim in the amount of nearly THB 120,000,000. Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our client’s right to the sum.

  • Represented a father in a wrongful act case related to the death of his son by electric shock. Due to the emotional needs of the family, we reached a favorable out-of-court settlement. The defendant paid the compensation to the client and the court entered judgment as per the compromise agreement.

  • Represented a parent in a wrongful death case related to a bus accident suffered by his son. We secured a favorable settlement on behalf of our client after negotiations with the bus company, bus driver, and insurance company.

  • Defended clients against criminal charges related to work permit issues, including providing legal advice, assisting clients at inquiry meetings with police officials, attending court hearings, and assisting with the immigration process.

  • Resolved challenges to probate distributions involving several heirs and assets located in numerous jurisdictions.

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Consumer Protection Cases: Thailand’s Punitive Damage Regime

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July 30, 2010

Consumer Protection and Punitive Damages

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