Practices
Banking and Finance
Compliance and Investigations
Dispute Resolution and Litigation
Employment
Intellectual Property
Real Estate
Regulatory Affairs

Location
Laos

Languages
Lao
English
French

Education

LLM, University of Jean Moulin Lyon 3 and National University of Vietnam

LLB, Faculty of Laws and Political Sciences, National University of Laos

Khemphet Phonphakdy
+856 21 262 355

Biography

Khemphet Phonphakdy is an experienced and versatile associate in Tilleke and Gibbins’ corporate and commercial department in Laos. He advises international and regional investors on a wide range of matters, including banking and finance, employment, intellectual property, real estate, and regulatory affairs. He is also regularly trusted to guide clients through litigation and dispute resolution as well as anticorruption measures and workplace investigations.

With particular expertise in the Lao banking sector, Khemphet provides legal assistance with complex banking and transactional matters, such as loans and security contracts, registration and enforcement of security property, and presentation of defense pleas before the Lao People’s Courts and the Lao Economic Dispute Resolution Center. Through his extensive civil legal work, Khemphet is well acquainted with law enforcement and judicial authorities in Laos, and his clients benefit from his deep insight into the practical application of law and regulations in Laos.

Prior to joining Tilleke & Gibbins, Khemphet was an in-house legal advisor for one of the most prominent commercial banks in Laos. He holds an LLB from the National University of Laos and a joint LLM from the University of Jean Moulin Lyon 3 and the National University of Vietnam. He also holds a francophone certificate from the Agence Universitaire de la Francophonie.

Khemphet is a qualified lawyer licensed by the Lao Ministry of Justice and a member of the Lao Bar Association. ​He is fluent in Lao, English, and French.


Experience
  • Assisted a foreign beverage company in a major merger and acquisition, liaising with the parties through the negotiation, deal closing, and completion of the transaction with the Lao authorities.
  • Represented a foreign bank in recovering nonperforming loan debt and enforcing a loan agreement against foreign companies located in Savan-Seno special economic zone and throughout Laos, and presented pleas on behalf of the bank in mediation and arbitration proceedings at the Lao Economic Dispute Resolution Center, People’s Court, and Judgment Enforcement Office, successfully securing an award of USD 4 million.
  • Assisted and represented foreign companies in protecting their intellectual property in Laos (trademarks and industrial designs) and taking legal action against the infringers with assistance from the police, public prosecutors, and the court (including raid actions and seizure of infringing products).
  • Assisted a German company in conducting a due diligence report on company licenses, factory licenses, registration of security agreements, real estate properties, and relevant litigation.
  • Handled lawsuits involving a foreign bank in Laos, which entailed filing lawsuits and pleading in court and coordinating with public prosecution and police in regard to the criminal cases (e.g., point-of-sale chargebacks, fraud, and misappropriation funds), commercial cases (e.g., nonperforming loans), labor (e.g., unjustified termination of employment contracts), and other civil cases (e.g., inheritance).