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Dispute Resolution and Litigation

Dispute Resolution and Litigation

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Your partner for legal peace of mind in Southeast Asia

Tilleke & Gibbins is a stalwart advocate for companies facing disputes in Southeast Asia, as well as those seeking to mitigate risks from their Southeast Asian operations. From high-value commercial litigation to complex intellectual property rights management, we secure results for our clients before trial and appellate judges, arbitrators, and government adjudicators, and at negotiation tables across every area of legal practice.

We treat our clients as the most valuable members of our litigation teams, partnering you with the most appropriate litigators, specialized practitioners, and international dispute tacticians to give you the best possible support in difficult situations. We collaborate with each client to develop a strategy that matches your particular goals and budget, and staff our litigation teams with multilingual attorneys to ensure fluent, effective client communication.

Our size and experience allow us to handle an active caseload covering the full spectrum of civil and criminal matters, as well as alternative dispute resolution proceedings including arbitration, mediation, and conciliation. Whatever the problem, our team of dispute resolution practitioners stands ready to protect your interests.

Case Studies

Experience

  • Representing a major Thai bank in a multimillion dollar arbitration over delays to the construction of a landmark skyscraper project in Thailand.
  • Worked with Thai government authorities to assist in the recovery of over USD 100 million of assets dishonestly expatriated from the country in one of the highest-profile fraud cases in Thai legal history.
  • Represented multiple aircraft and engine leasing companies on significant damage claims against Thai airlines.
  • Acting for an Indonesian mining services company in the enforcement of an international arbitral award against a Thai counterparty that was obtained in relation to the sale and purchase of coal.
  • Advised a global automobile manufacturer on a significant customs dispute in Thailand.
  • Represented an American manufacturing conglomerate in four litigation matters related to power generation equipment (claims total USD 12,000,000).
  • Obtained a favorable judgment for the Thai affiliate of a leading animal health company in a case filed against a group of former executives who left to work for our client’s chief competitor. We secured this successful result even though there is still debate among Thai legal scholars as to whether noncompetition clauses are fair to employees.
  • Defended a leading global logistics company in three separate criminal actions brought by the Thai Customs Department with potential fines in excess of USD 15,000,000. After a defense put forth at the prosecutorial review stage, the Public Prosecutor issued non-prosecution orders in favor of our client. These orders have since been confirmed and this case is final.
  • 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 an international investment banking and asset management company in recovering funds provided to a Thai property developer (claims total USD 15,000,000).
  • Acted as co-counsel for Thai and Cambodian clients against an Australian listed company in SIAC arbitration concerning joint-venture disputes with a claim amount of approximately USD 350 million in relation to a well-known casino in Poipet, Cambodia.
  • 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 a client in a criminal matter regarding forgery. We presented our client’s position and related facts to various governmental authorities. At the end of the government’s investigation, the public prosecutor declined to prosecute our client.
  • 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.
  • Managed a complex estate matter spanning over three years and involving assets of over THB 20,000,000. We were able to appoint the executor of the estate, transfer and liquidate all assets, and satisfy the claims of both local and international creditors to the satisfaction of all parties concerned.
  • Represented the wife in a divorce case. After long settlement negotiations with the husband, we reached a compromise agreement supervised by the court and avoided trial of this sensitive matter.
  • 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 an Australian father in a contested family matter regarding the custody of his daughter. The mother of the child planned to move abroad with the daughter. We filed a case in Family Court seeking, on behalf of our client, sole legal custody of his daughter. After a successful mediation, the mother of the child granted sole legal custody to our client.
  • Advised a client on the current and proposed laws on surrogacy; our guidance also included information on the current state of and societal considerations pertaining to surrogacy in Thailand.

PROFESSIONALS

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