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September 2, 2021

Noppramart Thammateeradaycho to Speak in Panel on Arbitration and Insolvency Proceedings

On September 7, 2021, Noppramart Thammateeradaycho, counsel in Tilleke & Gibbins’ dispute resolution group, will be a panelist in a webinar about how alternative dispute resolution (ADR) methods such as arbitration function in relation to bankruptcy and insolvency proceedings. Titled “The Interplay between Insolvency Proceedings and International Arbitration,” the webinar is jointly sponsored by the Thailand Arbitration Center (THAC) and the Chartered Institute of Arbitrators (CIArb) as part of the THAC International ADR Webinar Series and Thailand ADR Week 2021.

Joining Noppramart on the panel will be arbitration experts and professionals from Thailand and abroad. Together they will discuss the conflicts that frequently arise between international arbitration and insolvency law, as arbitration typically seeks to uphold agreements to settle disputes exclusively through arbitration regardless of the position of the contracting parties, while insolvency law aims to distribute the assets of the insolvent party between all creditors through a centralized process. The panelists will address how this tension plays out across the world, giving attendees a view of the experiences of arbitration practitioners from different jurisdictions and the challenges they have faced in relation to insolvency proceedings.

The webinar is free to attend and will be held from 3:00 to 4:00 p.m. ICT (UTC+7). For more details, please see the event registration page.

RELATED INSIGHTS​ 

July 16, 2021
Eric Meyer, a foreign consultant in Tilleke & Gibbins’ dispute resolution department, was profiled in the latest issue of Thai-American Business (T-AB), the quarterly magazine of the American Chamber of Commerce in Thailand (AMCHAM). As co-chair of the AMCHAM Legal Committee, Eric is extremely active in the American business community in Thailand. He applies his unique combination of legal expertise and practical awareness of business concerns in Thailand to identify topics and organize events that are interesting and relevant to a broad range of people. In the T-AB profile, Eric recounts how he came to be involved in AMCHAM after joining Tilleke & Gibbins four years ago, and notes that participation in the group has been an excellent way to stay current with the business community and build connections with professionals across various industries. In response to a question on the outlook for ease of doing business in Thailand, Eric sounded a hopeful note, explaining that the country’s strides in the areas of streamlining and digitizing various aspects of doing business should be able to continue after COVID-19, which has actually hastened digitization in several legal areas that had previously been slower to adapt to recent technological advances. Eric now looks forward to continuing to provide important leadership to the AMCHAM Legal Committee as the country and its business community seek to overcome the persistent challenges of the COVID-19 pandemic and move toward a sustainable economic recovery.
July 8, 2021
Noppramart Thammateeradaycho, a counsel in Tilleke & Gibbins’ dispute resolution practice, was chosen to serve on the International Chamber of Commerce (ICC) International Court of Arbitration. She was elected to the court by the ICC World Council, the organization’s governing body, for a three-year term starting on July 1, 2021. The ICC International Arbitration Court is the world’s leading arbitration body. While the court does not itself issue judgments on disputed matters, the body provides judicial supervision of arbitral proceedings around the world. The court’s key activities include overseeing the appointment and replacement of arbitrators, as well as deciding on challenges against arbitrators; monitoring the speed, efficiency, and proper conduct of arbitration proceedings; considering and approving arbitral awards; setting and managing fees; and overseeing pre-arbitration emergency proceedings. Noppramart joins the ICC International Court of Arbitration in a cohort that is one of the court’s most representative ever, in terms of both gender and geographical diversity. The newly seated body will continue focusing on carrying out the court’s main aims, bolster the effectiveness of arbitration as an alternative dispute resolution mechanism, and ensure that the ICC International Arbitration Court maintains its high regard as the world’s preferred arbitration body. To read more about the court and to see a full list of new members and executives, please see the ICC’s official announcement.
July 8, 2021
On July 7, Tilleke & Gibbins’ administrative law group, in conjunction with the Thammasat University Faculty of Law, delivered the first webinar of a two-part Thai-language series on business interruptions caused by COVID-19. This first session focused on government liability and damage claims caused by related emergency decrees. The webinar began with an introduction by Suruswadee Jaimsuwan, counsel in Tilleke & Gibbins’ dispute resolution department, before Dr. Munin Pongsapan, dean of the Thammasat University’s Faculty of Law, welcomed attendees and addressed the main topic of the webinar. Thawat Damsa-ard, partner and chief litigator in Tilleke & Gibbins’ dispute resolution group, then gave an overview of administrative law and court prosecution procedures in Thailand. Dutsadee Dutsadeepanich, associate at Tilleke & Gibbins, then gave a presentation that addressed the regulatory measures related to managing the COVID-19 outbreak, discussed government liability for failure to manage the COVID-19 outbreak by reference to the emergency decree and other related legislation, and explained the process of prosecution for a wrongful act by officials—which falls under the jurisdiction of the Administrative Court. Speakers also provided an overview of public law, the Constitutional Court, and the prosecution of issues related to constitutional legitimacy and emergency decrees. A full video recording of the session (in Thai) is available on the Tilleke & Gibbins YouTube channel.
July 6, 2021
An article in Global Restructuring Review on the Thai court’s approval of Thai Airways’ business rehabilitation plan features insights from John Frangos, partner and deputy director of Tilleke & Gibbins’ dispute resolution department. The article reports that the airline’s rehabilitation plan has received court approval, over objections from two of the creditors. This step will now allow the airline—which has received over 13,000 debt repayment claims—to implement plan under the control of five administrators. John, who co-leads the firm’s regional aviation practice, explained a number of issues to the article’s author, including the Thai government’s unwillingness to bail out the financially troubled company, the challenges facing Thai Airways (and the Thai aviation industry as a whole) during the pandemic, and the historic nature of this bankruptcy case. John is representing many creditors of Thai Airways, and he shared their general reaction to the rehabilitation plan, noting that most were not necessary happy with it but did not object because they figured it was “the best deal they are going to get.” The full article is available on the Global Restructuring Review website.