Sarawut Khongman

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Associate

Biography

Sarawut Khongman is a litigator in the firm’s dispute resolution group. Sarawut’s primary area of practice is in commercial litigation, with a particular emphasis on maritime, insurance, bankruptcy, and breach of contract disputes.

A member of the firm’s leading maritime practice group, Sarawut has successfully represented global transportation and logistics providers, shipowners, underwriting agents, carriers, freight forwarders, neutral NVOCCs, and other major players in the maritime industry in Southeast Asia. He has handled complex litigation involving cargo claims, ship collisions, allegations of criminal fraud, and other maritime claims.

Sarawut also manages a large docket of breach of contract and bankruptcy matters. He has secured wins for multinational corporations and charitable foundations, with several of the favorable judgments being rendered in Thailand’s Supreme Court.

In addition to representing business entities, Sarawut acts for individual clients in tort, probate, criminal, and related litigation. He specializes in wrongful death cases and has obtained favorable out-of-court settlements on confidential terms for several individuals.

Sarawut has also completed the constitutional and administrative law training program organized by Tilleke & Gibbins and led by esteemed academics, former judges, and other accomplished legal practitioners in Thailand. He is a member of the Thai Bar Association and the Lawyers Council of Thailand.

Experience

Proved that our client was innocent in the critical appeal of a criminal case. The court of first instance ruled that our client, the head of a company commissioned to tow a historical submarine from Europe to Asia, committed fraud and assessed a lengthy term of imprisonment. We zealously appealed this judgment. Our persuasive arguments led the appellate court to conclude that our client’s innocence was proven beyond a reasonable doubt.
Acted for a foreign specialty insurer and secured the dismissal of a large insured cargo claim brought by a joint-venture insurance company against a domestic freight forwarder. We successfully proved that the insured was not liable because the insured was not a carrier or actual carrier of goods.
Defended a logistics company against a subrogated insurance claim for THB 1.3 million. We successfully argued that our client should only pay in accordance with its liability limits and saved the client over THB 1 million.
Negotiated a settlement, on behalf of a shipowner, of a ship collision matter involving multiple vessels and substantial damage claims.
Defended one of the world’s leading neutral NVOCCs in a cargo claim brought by a top domestic insurer.
Represented two global freight forwarders in litigation brought by an ASEAN-based insurance company and pertaining to loss of goods.
Represented a leading global shipping group in ship collision and cargo claim litigation filed by a domestic exporter.
Advised on multiple matters concerning maritime cargo claims.
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 an industry leader in edible coatings. Our client purchased products from a supplier, the quality of which was certified by a third party. Although the third party was dismissed from the case by a lower court, we successfully convinced the Supreme Court to amend the judgment below and hold the third party liable for failing to examine the product.
Defended a global multi-industry company against an international insurance provider in four civil cases pertaining to gas turbine engines, and led the court to dismiss all four claims.
Obtained court approval of bankruptcy claims in amounts of over THB 75,000,000 (company 1), THB 75,000,000 (company 2), and THB 150,000,000 (company 3). Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our clients’ right to the sums.
Obtained court approval of a bankruptcy claim in the amount of nearly THB 120,000,000. Our representation included submitting the application for debt repayment, providing supplemental explanations and evidence, and proving our client’s right to the sum.
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 a parent in a wrongful death case related to a bus accident suffered by his son. We secured a favorable settlement on behalf of our client after negotiations with the bus company, bus driver, and insurance company.
Defended clients against criminal charges related to work permit issues, including providing legal advice, assisting clients at inquiry meetings with police officials, attending court hearings, and assisting with the immigration process.
Resolved challenges to probate distributions involving several heirs and assets located in numerous jurisdictions.

ABOUT Sarawut

Practices

Dispute Resolution and Litigation

Location

Thailand

Languages

Thai

English

Education

LLB, The University of Thai Chamber of Commerce

Insights

April 1, 2022

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.

October 14, 2021

Lex Mundi Guide to Doing Business in Thailand 2021

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2021. This guide outlines all of the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Guides to Doing Business series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource when planning an international business strategy or researching a new market.

September 16, 2020

Amendments to Thailand’s Civil Procedure Code to Allow Civil Mediation before Litigation

Recent amendments to Thailand’s Civil Procedure Code (CPC) will allow parties to submit a matter for court-supervised mediation prior to the actual filing of the case. Encouraging mediation prior to filing a complaint is intended to save time and resources that would otherwise be expended on a trial.These changes are contained in the Act Amending the Civil Procedure Code (No. 32) B.E. 2563 (2020), which was published in the Government Gazette on September 8, 2020, and will apply to all disputes from November 7, 2020, onward.

April 16, 2020

Tilleke & Gibbins Nominated for Visionary Client Service Award

In-House Community, the well-respected publishing house behind Asian-Mena Counsel magazine, has announced the shotlist for its 2020 Visionary Client Service Providers awards, naming Tilleke & Gibbins as one of the nominees for the prestigious accolade.

Awards & Rankings

May 24, 2023

Three Awards for Tilleke & Gibbins at the ALB SE Asia Law Awards 2023

Tilleke & Gibbins was honored to be named Regional IP Firm of the Year and Regional Litigation Firm of the Year at the 2023 ALB SE Asia Law Awards. Tiziana Sucharitkul, managing partner of Tilleke & Gibbins, was also the recipient of the Managing Partner of the Year (Emerging Markets) award.

May 9, 2023

Tilleke & Gibbins Maintains Impressive Rankings in Benchmark Litigation 2023

Tilleke & Gibbins has once again proven its expertise in dispute resolution and litigation, earning impressive rankings in Benchmark Litigation’s 2023 edition of the top dispute resolution firms in the Asia-Pacific region. The Benchmark Litigation rankings include two jurisdictions where Tilleke & Gibbins is active—Thailand and Vietnam. Full details of the firm’s rankings are below: Thailand Commercial and Transactions – Tier 1 Government and Regulatory – Tier 2 Intellectual Property – Tier 1 Labor and Employment – Tier 1 Trade and Customs – Tier 2 Vietnam (international firms) Commercial and Transactions – Tier 2 Energy and Construction – Tier 2 Intellectual Property – Tier 1 Labor and Employment – Recommended (top category) International Arbitration – Tier 2 In addition to these firm-wide rankings, the following nine Tilleke & Gibbins lawyers are named Dispute Resolution Stars: Alongkorn Tongmee – Trade and Customs Chusert Supasitthumrong – Labor and Employment Loc Xuan Le – Intellectual Property Nandana Indananda – Intellectual Property Noppramart Thammateeradaycho – Shipping Suebsiri Taweepon – Intellectual Property Thawat Damsa-ard – Commercial and transactions Thomas Treutler – Intellectual Property Tiziana Sucharitkul – Commercial and Transactions, Government and Regulatory Benchmark Litigation provides coverage of litigation and disputes markets around the world, based on interviews with dispute resolution specialists and clients, as well as analysis of the market’s most important cases and firm developments. To learn more about the rankings and to browse the results, please visit the Benchmark Litigation website.

April 20, 2023

Tilleke & Gibbins Shortlisted for Four Benchmark Litigation Asia-Pacific Awards 2023

Tilleke & Gibbins has been shortlisted for three firmwide awards and one individual award in the ninth annual Benchmark Litigation Asia-Pacific Awards. These awards recognize the leading litigators and most impactful disputes in the region based on submissions for the latest edition of Benchmark Litigation Asia-Pacific. The firm has been shortlisted for Intellectual Property Firm of the Year, Thailand Firm of the Year, and Vietnam Firm of the Year. In addition, Suebsiri Taweepon, a partner in Tilleke & Gibbins’ intellectual property group in Bangkok, has been shortlisted for Thailand Lawyer of the Year, for his outstanding performance in the past year, securing remarkable results for his clients. The Benchmark Litigation Asia-Pacific Awards are the culmination of months of research, analyzing hundreds of submissions, surveying thousands of referees, and interviewing hundreds of lawyers. The winners are judged on innovation, complexity, and impact. The winners of this year’s awards will be announced online via the Benchmark Litigation website on May 25, 2023. For more details on the Benchmark Asia-Pacific Awards 2023, and to browse the full shortlist, please visit the Benchmark Litigation website.

April 20, 2023

Tilleke & Gibbins Wins 2023 ALB Employer of Choice Award in Thailand and Vietnam

Asian Legal Business has released its 2023 “Employer of Choice” awards, and Tilleke & Gibbins has once again been recognized as a top employer in the legal industry in both Thailand and Vietnam. This is the 11th year in a row that the firm has been named Employer of Choice in Thailand, and the ninth time for Tilleke & Gibbins in Vietnam.