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Sarawut Khongman

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

Languages

    Thai

    English

Education

    LLB, The University of Thai Chamber of Commerce

Insights

April 1, 2022
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.
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October 14, 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.
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September 16, 2020
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. 
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Awards & Rankings

September 15, 2023
Tilleke & Gibbins continued to post a strong showing in the recently released 2024 edition of the annual Asialaw Profiles guide. The firm dominates the rankings with a slate of recognitions that confirms the strong reputation of the firm’s various regional practices. Asialaw Profiles 2024 rates top domestic and international firms operating in Asian jurisdictions and headquartered in Asia, looking at firms’ performance and client service in both legal practice areas and various industries. In this detailed and comprehensive guide to the services of leading Asian law firms, Tilleke & Gibbins achieved a total of 45 industry and practice group rankings—19 of which are in the top tier—across Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. In Thailand, Tilleke & Gibbins continues to be the only firm ranked in all 18 possible categories. The firm is also ranked in all available categories in Cambodia, Laos, and Myanmar. Tilleke & Gibbins attorneys also received 24 individual rankings, including the most individual rankings of any law firm in Thailand. The firm’s showing this year also features new recognitions for Derrick Khoo and Yuwadee Thean-ngarm for Corporate and M&A in Myanmar. For more details and to browse the full rankings, please visit the Asialaw website.
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July 31, 2023
International Financial Law Review (IFLR) published the 2024 edition of its annual IFLR1000 rankings of leading law firms in domestic and cross-border financial and transactional matters across the globe. IFLR ranks firms only in the core transactional practice areas of Banking and Finance, Capital Markets, Mergers and Acquisitions, Restructuring and Insolvency (occasionally combining these areas into “Financial & Corporate”), and Project Development. This year, Tilleke & Gibbins achieved its best-ever results in the IFLR1000 rankings, earning the following firmwide accolades: Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 Project Development – Tier 2 Myanmar Financial and Corporate – Tier 3 Project Development – Tier 3 Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 In addition to the firmwide rankings, twelve of the firm’s attorneys were recognized in the IFLR1000 2024 individual rankings: Charunun Sathitsuksomboon – M&A in Thailand Charuwan Charoonchitsathian – M&A in Thailand David Mol – Corporate/M&A, Insurance, Pharmaceuticals & Life Sciences in Cambodia Derrick Khoo – Financial & Corporate in Myanmar Dino Santaniello – Corporate/M&A in Laos Jay Cohen – Aviation, Banking, Energy in Cambodia Niti Muangkote – Financial & Corporate, Project Development in Laos Nwe Oo – M&A, Project Development in Myanmar Saithong Rattana – Project Development, M&A in Laos Santhapat Periera – Banking, Energy, M&A in Laos Supasit Boonsanong – Project Development in Thailand Yuwadee Thean-ngarm – Banking & Finance, M&A in Myanmar To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Myanmar,
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July 20, 2023
Tilleke & Gibbins has received a remarkable slate of nominations for the prestigious Euromoney APAC Women in Business Law Awards 2023. The recently released shortlists for this year’s awards include Tilleke & Gibbins in both firm and individual categories. In the firmwide categories, Tilleke & Gibbins is in the running for five distinguished awards: Work-Life Balance National Firm Women in Business Law National Firm Indonesia Firm of the Year Thailand Firm of the Year Vietnam Firm of the Year Attorneys from Tilleke & Gibbins also received seven individual nominations: Insurance and Reinsurance Lawyer of the Year – Athistha (Nop) Chitranukroh Labor and Employment Lawyer of the Year – Sarah Galeski Patent Lawyer of the Year – Darani Vachanavuttivong Shipping and Maritime Lawyer of the Year – Noppramart Thammateeradaycho Technology Lawyer of the Year – Athistha (Nop) Chitranukroh Trademark Lawyer of the Year – Linh Thi Mai Nguyen Corporate Rising Star of the Year – Nitikar Nith The APAC Women in Business Law Awards recognize law firms and professional services firms in the region for their efforts in promoting gender equality and supporting women’s advancement in the legal profession. Winners are determined through a rigorous process involving submissions, peer reviews, and judgment based on professional accomplishments and advocacy for gender diversity and work-life balance programs. This year’s awards ceremony will take place at an in-person event in Singapore on September 7, 2023. For more information on the APAC Women in Business Law Awards 2023, including a full list of nominees, please visit the awards website.
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