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.

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.

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.

On Thursday, July 8, 2021, John Frangos, partner and deputy director of Tilleke & Gibbins’ dispute resolution group, will join a virtual panel on litigation in the Asia-Pacific region. Hosted by the New York State Bar Association (NYSBA), the panel discussion will bring together legal experts from throughout the region to comment on litigation norms and procedures in various Asian jurisdictions. John, the chair of NYBSA’s Thailand chapter, will focus his remarks on dispute resolution and litigation in Thailand, while the other panelists—from law firms in the Philippines, Singapore, and Vietnam—will share perspectives on court proceedings in their jurisdictions. Each speaker will lay out some notable aspects of litigation and the court system that international parties should keep in mind when considering litigation in each jurisdiction. The moderator (from a law firm in Japan) will be able to add further commentary reflecting the situation in that country. As the world begins to pull out of the economic slowdown caused by the COVID-19 pandemic, this will help prepare businesses and entrepreneurs for an increase in trading activity by providing key insights they can apply if litigious disputes arise in the course of their operations in the Asia-Pacific region. Following the speaker presentations and their roundtable discussion on how disputes that end up in litigation can unfold in the region, the webinar will close with a time for audience questions so that attendees can get advice on their specific situations. For more details and to register for this free online panel discussion, please visit the NYSBA website.