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Dispute Resolution and Litigation

Dispute Resolution and Litigation

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Strategic solutions to complex disputes in Southeast Asia

Tilleke & Gibbins is a trusted partner and advocate for businesses navigating disputes across Southeast Asia. Whether it’s high-stakes commercial litigation or sensitive government and internal investigations, we secure results for our clients in courts, arbitral tribunals, regulatory bodies, and at the negotiation table.

Our regional teams, composed of seasoned litigators and international consultants, provide comprehensive support throughout every stage of a dispute. We take the time to understand our clients’ legal and business goals, working closely with them to develop tailored strategies that align with their objectives and financial considerations.

With the depth of our experience, we are well-positioned to manage a wide range of civil, criminal, and regulatory matters, including arbitration and mediation. Leveraging our deep understanding of local laws, cultures and business practices, we develop strategies that effectively address market and legal complexities while protecting our clients’ interests at every stage.

Experience

  • Acted as co-counsel for Thai and Cambodian clients against an Australian-listed company in SIAC arbitration concerning a joint venture dispute with a claim amount of approximately USD 350 million in relation to a well-known casino in Poipet, Cambodia.
  • Represented a hydropower plant operator in Laos in negotiations with the Lao government in relation to a breach of payments under a concession agreement.
  • Defended the Myanmar subsidiary of a petroleum company in litigation brought by a Chinese construction firm related to the construction of a new office building.
  • Advised a world-leading manufacturer in a USD 200+ million global fraud case involving former employees in the company’s Thai operations.
  • Assisted an Indian IT company successfully negotiate a settlement with a Vietnamese bank in a USD 10 million contract dispute related to the provision of licensed banking software and related support services.
  • Obtained a multi-million-dollar arbitral award in Thailand for a manufacturing company in a breach of contract claim related to the supply of equipment to construct a LNG facility in Darwin, Australia.
  • Advised an international engineering firm in a dispute over unpaid invoices for land surveying services our client performed in preparation for the construction of a dam in Laos.
  • Represented one of the largest privately held corporations in the world in the enforcement of a high-value SIAC foreign arbitral award in Myanmar related to non-payment for a substantial delivery of steel.
  • Negotiated a favorable settlement of a long-running dispute for a major American film studio in connection with a civil case filed by multiple plaintiffs, including two municipal governments, related to environmental damage alleged to have been caused by our client during the production of a motion picture in Thailand.
  • Assisted a Malaysian company in arbitration before the Vietnam International Arbitration Centre (VIAC) in Ho Chi Minh City related to the performance of a contract in a well plugging and abandonment project.
  • Represented one of the world’s largest steel manufacturers in the enforcement and collection of a THB 186 million (approx. USD 5.91 million) UNCITRAL arbitral award.
  • Defended a major Thai bank in a multi-million-dollar arbitration at the Thai Arbitration Institute against contractors hired to construct a landmark skyscraper in central Bangkok.
  • Advised a European elevator company in arbitration proceedings at VIAC in a USD 8 million dispute with a Vietnamese developer over the delay in implementation of a construction contract.
  • Represented the Asia Pacific branch of a world-leading multinational insurer in pursuing claims valued at THB 10 million (approx. USD 330,000) involving damaged cargo and a faulty vessel against a Thai logistics company.
  • Advised and assisted on the first hostile aircraft repossession case in Vietnam against a defaulting Vietnamese airline, with a value of about USD 400 million.
  • 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.
  • Advised a European elevator company in arbitration proceedings at VIAC in a USD 8 million dispute with a Vietnamese developer over the delay in implementation of a construction contract.
  • 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 were subsequently confirmed.

PROFESSIONALS

RELATED INSIGHTS

March 9, 2026
Over the past several years, numerous automobile manufacturers have brought electric vehicles (EVs) to the market and received positive feedback from consumers in Thailand and around the world. EVs have gained popularity due to their lower maintenance costs, reduced energy expenses, and environmental benefits. However, reports have emerged of EVs causing problems such as battery fires, autopilot malfunctions leading to accidents, and safety systems such as brakes engaging automatically under inappropriate conditions. Even when these situations do not cause injury to drivers or passengers, they raise significant concerns for EV manufacturers, importers, and sellers operating in Thailand. These problems may seriously impact businesses if the products are identified as unsafe under Thailand’s Product Liability Act (PLA), officially known as the Liability for Damages Arising from Unsafe Products Act. Under this law, authorities or courts can order business operators to recall products from the market or prohibit their export, import, or sale. To manage and mitigate the risk of being found liable for damages due to an unsafe product under the PLA, EV business operators should be aware of the scope of the law. Potentially Liable Parties The PLA identifies several types of entrepreneurs and business operators—both individuals and entities—as “potentially liable parties” (PLPs) who may be held liable under the law. In the EV context, this could include vehicle manufacturers, battery suppliers, software developers whose systems are integrated into the vehicle, and local importers or distributors. Specifically, the PLA covers: Manufacturers or hirers Importers Sellers of goods for which the manufacturer, hirer, or importer cannot be identified Any other party who uses the name, trade name, trademark, or statements associated with the alleged unsafe products, or acts in a manner that causes them to be perceived as a manufacturer, hirer, or importer Definition of “Product” and “Unsafe Product” The
March 5, 2026
Amid increasing financial globalization, Vietnam’s establishment of an International Financial Center (IFC) represents a strategic initiative to attract high-quality foreign investment and enhance the country’s position in the global financial system. In support of this objective, a Specialized Court was introduced under Resolution No. 222/2025/QH15 as a dedicated dispute resolution mechanism within the IFC framework. The Specialized Court at the IFC was subsequently operationalized by Law on the Specialized Court No. 150/2025/QH15, effective from January 1, 2026. Organizational Structure of the Specialized Court The Specialized Court at the IFC is a court within the system of the People’s Courts, organized and operating in accordance with the Law on the Specialized Court, and vested with jurisdiction to adjudicate and resolve cases at the IFC. The Specialized Court is located in Ho Chi Minh City and comprises (i) a Court of First Instance; (ii) a Court of Appeal, and (iii) a supporting apparatus. Jurisdiction of the Specialized Court The jurisdiction of the Specialized Court at the IFC is strictly defined based on both (i) the subject matter of the cases and (ii) the membership status of the parties involved. Specifically, the Specialized Court has jurisdiction over (except for cases involving public interests or the interests of the state) the following: Disputes arising from investment and business activities. Requests for recognition and enforcement in Vietnam of judgments and decisions of foreign courts and foreign arbitral awards. Requests related to dispute resolution by arbitration. Other disputes directly related to investment and business activities (to be specified by the Supreme People’s Court). Additionally, at least one party in the case must be a member of the IFC. The IFC’s membership status is established through registration, recognition as a member, or the grant of a license for establishment and operation within the IFC. In the
February 25, 2026
In December 2025, the National Assembly of Vietnam enacted a new Law on Construction, replacing the 2014 Law on Construction as amended in 2020. The 2025 Law on Construction will, in principle, take effect on July 1, 2026, subject to certain exceptions. Among its notable reforms, one development has attracted particular attention from both legal practitioners and market participants: the introduction of a statutory framework governing predetermined damages, commonly referred to as “liquidated damages.” This marks the first time liquidated damages have been expressly recognized at the level of primary legislation in Vietnam. While liquidated damages clauses have long been a common feature of construction contracts in practice, their legal enforceability has historically been subject to uncertainty. Although the new provision appears to represent a positive step toward greater legal clarity, it remains an open question whether it is sufficient, on its own, to provide a solid legal basis for the enforceability of liquidated damages clauses in construction disputes in Vietnam. What’s New? Article 86.2 of the 2025 Law on Construction provides (emphasis added): “Compensation for damages shall be determined on the basis of actual damages [or] predetermined damages corresponding to obligations under the construction contracts that are breached [and] the extent of such breaches.” This provision is significant in that it expressly recognizes predetermined damages, or liquidated damages, as a lawful basis for determining compensation for damage. However, the new law does not define “predetermined damages.” The absence of a statutory definition creates potential ambiguity as to the scope and nature of this concept and may give rise to disputes over how—and whether—a particular contractual clause qualifies as predetermined damages for the purposes of Article 86.2. Further, Article 86.2 qualifies the application of predetermined damages by requiring that such damages correspond to the obligations not fulfilled and the
February 20, 2026
Thailand’s Supreme Administrative Court has issued a decisive ruling annulling the Ministry of Labor’s notification that had granted an exemption for foreign pilots to fly domestic routes under wet‑lease arrangements. A wet lease is a leasing arrangement in which the aircraft is provided together with its foreign flight crew, including pilots, and related operational support, rather than the airline supplying its own pilots. The judgment, delivered on November 17, 2025, and published in the Government Gazette on January 30, 2026, follows a legal challenge brought by the Thai Pilots Association, which argued that the exemption unlawfully enabled foreign workers to assume a role traditionally reserved for Thai nationals. The notification in question, dated December 13, 2024, authorized foreign pilots who came as part of wet‑leased aircraft to fly domestic routes. The Thai Pilots Association disputed the legality of this rationale, asserting that the exemption was triggered by a private airline’s request rather than by any statutory necessity. The Ministry of Labor justified this measure by relying on aircraft‑specific approvals issued by the Ministry of Transport and by enabling the Department of Employment to issue corresponding work permits. Arguments Presented in the Case The Thai Pilots Association argued that the exemption undermined the interests of domestic pilots and conflicted with the policy intent of Thailand’s foreign‑worker regulatory framework. The lawsuit emphasized that the notification arose directly from a private airline company’s request to operate two A320 aircraft under a wet lease and that the measure had the practical effect of displacing Thai pilots who remained unemployed. Meanwhile, the Ministry of Labor defended the exemption as a temporary and necessary response to industry shortages and part of national efforts to support tourism and restore aviation capacity. Legal Framework Thai law establishes a general prohibition against foreign nationals piloting domestic aircraft. Section
AWARDS & RANKINGS
December 1, 2025
Tilleke & Gibbins is pleased to announce that the firm has been honored with two awards at the 2025 Lexology Index Awards in London, this time picking up both the Thailand and Vietnam Country Awards. Formerly known as the Who’s Who Legal Awards, the Lexology Index Awards celebrate outstanding achievements by firms and individuals identified through Lexology’s extensive global research process. Tilleke & Gibbins’ continued success in this forum reflects the exceptional expertise and dedication of its team, whose commitment to delivering the highest caliber of legal services continues to set a benchmark in the industry. The firm extends its gratitude to its talented professionals and valued clients for their continued trust and support. A full list of the winners of the 2025 Lexology Index Awards is available on the Lexology website.
November 20, 2025
Tilleke & Gibbins is pleased to share that Asia Business Law Journal (ABLJ) has released its A-List of Thailand’s Top 100 Lawyers and its exclusive Legal Icons list for 2025. This year, Darani Vachanavuttivong has again been named a Legal Icon, recognizing her as one of the most distinguished professionals in Thailand’s legal community. In addition, nine other Tilleke & Gibbins lawyers have been named among Thailand’s Top 100 Lawyers. The full list of honorees is: Alan Adcock Charunun Sathitsuksomboon Chusert Supasitthumron (new ranking) Athistha (Nop) Chitranukroh Darani Vachanavuttivong (Legal Icon) Kobkit Thienpreecha Nuttaphol Arammuang Pimvimol (June) Vipamaneerut Thawat Damsa-ard Tiziana Sucharitkul The ABLJ A-List is compiled through extensive research, including nominations and feedback from in-house counsel worldwide and international law firm partners who focus on Thailand. The editorial underscores the demand for lawyers with unmatched expertise, a dedication to quality, and a proven ability to deliver strategic, innovative solutions. To view the full list and the accompanying editorial analysis, please visit the ABLJ website.