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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

August 11, 2026
Cambodia’s Ministry of Justice has launched a new platform on its official website to publish notices of forced sales issued by each municipal and provincial court of first instance. The platform’s stated purpose is to inform the public and facilitate greater participation in forced-sale auctions conducted in connection with court-ordered enforcement proceedings. How the Platform Works The platform publishes forced-sale notices from courts of first instance across Cambodia’s municipalities and provinces and includes a link where the public can view properties currently subject to forced sale. To participate in a forced-sale auction, individuals can download Khmer-language bidding application forms through links provided on the platform. The form typically requires the applicant’s name, sex, year of birth, identity card number and issue date, and address, together with details identifying the immovable property (including its ownership certificate number), the relevant enforcement case number and date, and the reference to the public auction or tender announcement issued by the court. Completed application forms must be submitted directly to the specific municipal or provincial court that issued the forced sale. For further inquiries about a particular forced sale, interested parties should likewise contact the relevant municipal or provincial court. Forced Sale of Immovable Property in Cambodia The publication of these notices relates to the forced sale procedure for immovable property under Cambodia’s Code of Civil Procedure (CPC). Unlike property seizure by a court, a forced sale is a compulsory execution proceeding—a subsequent enforcement step that arises only after an underlying dispute has been adjudicated and a debtor fails to pay the debt or outstanding amount due under a final and binding judgment or other enforceable title of execution. For the purposes of this procedure, the term “immovable property” under the CPC refers to land, registered buildings, jointly held shares of such property, registered
August 6, 2026
Every month, VAT-registered businesses in Thailand calculate their output and input VAT and file a return to pay the net amount due or claim a refund. Yet a common and costly dispute arises when a business that has paid input VAT to its supplier—and done everything asked of it—later finds that input VAT rejected on the grounds that the tax invoice was issued by “a person not entitled to issue tax invoices.” In these cases, a buyer may have confirmed the supplier’s VAT registration on the Revenue Department’s website, paid through the banking system, received a complete tax invoice, and kept full payment and inventory records. Even so, if the Revenue Department later determines that the supplier did not genuinely make the sale or collected the VAT without remitting it, the department can disallow the input VAT and assess additional tax, surcharge, and penalty—often more than a year after the transaction. A new article from tax and dispute resolution specialists at Tilleke & Gibbins in Bangkok examines how the Revenue Department and the courts approach these disputes, including two recent Supreme Court (Tax Division) decisions confirming that the taxpayer bears the burden of proving a supplier genuinely sold and delivered the goods and received payment. It considers why the VAT registration system offers no legal safe harbor, why the evidentiary burden falls hardest on online and cross-border transactions where buyers and sellers never meet, and how the Revenue Department’s own digital infrastructure could detect non-remitting suppliers at the source rather than shifting the loss to good-faith buyers. The article also sets out practical guidance: how to build a comprehensive “know-your-supplier” file at the time of a transaction, the procedural steps and strict deadlines for challenging a VAT assessment, and why dispute readiness belongs alongside tax planning at the center
June 29, 2026
Thailand’s cabinet has approved the draft Act on Liability for Defective Goods, commonly called Thailand’s “Lemon Law.” The Draft Act is currently pending consideration by Parliament. The draft law aims to strengthen buyers’ position in pursuing cases against sellers. While the Civil and Commercial Code offers provisions governing liability for defective goods, it is difficult in practice for buyers to successfully make a claim against sellers, particularly where defects are latent and not discoverable at the time of sale or delivery. By introducing product-specific rules and clearer remedies, the new law is intended to modernize Thailand’s consumer protection framework and align it more closely with international standards, and to help relieve the buyer’s burden of proof against the seller in product liability cases. If enacted, the draft act will take effect 180 days after publication in the Government Gazette, giving businesses a transition period to assess their compliance obligations. This article provides an overview of the key provisions of the draft act and highlights some practical considerations for businesses operating in Thailand. Scope and Key Definitions The draft act applies to sellers—defined as persons who sell goods in the ordinary course of business—and protects buyers, a term defined broadly to include not just the original purchaser but also transferees and successors in title. This expands the class of people who can bring claims. The law does not apply to used goods, live animals, or goods exempted by future ministerial regulation. It also leaves intact any separate warranties, promises, advertisements, or other guarantees a seller has given; those remain enforceable alongside the new statutory rights. General Liability for Defective Goods Sellers are liable for defects that exist at the time of delivery, regardless of whether the seller knew about them. Liability arises where a defect reduces: The benefit intended under
June 22, 2026
Arbitrator independence and impartiality form the cornerstone of a legitimate arbitral process. Under section 19 of the Thai Arbitration Act B.E. 2545 (2002), prospective arbitrators must disclose circumstances likely to give rise to justifiable doubts as to their impartiality or independence, and existing arbitrators must do so throughout proceedings. This mirrors article 12 of the UNCITRAL Model Law. Yet despite this clear mandate, practical implementation varies significantly across Thailand’s arbitration landscape. Background Thailand’s two principal arbitration institutions, the Thai Arbitration Institute (TAI) and the Thailand Arbitration Center (THAC), both maintain procedures for addressing arbitrator challenges and require compliance with the statutory disclosure obligation. Under both sets of rules, any party wishing to challenge an arbitrator must submit a challenge application within fifteen days of becoming aware of the relevant facts, and a committee is appointed to consider the matter on a case-by-case basis. The TAI additionally prescribes its Code of Ethics and Conduct for Arbitrators to further emphasize the expectation of impartiality and transparency. However, Thailand’s arbitration ecosystem extends well beyond the TAI and THAC. Several sector-specific institutions also administer arbitral proceedings, including the Thai Commercial Arbitration Office under the Board of Trade of Thailand, the Arbitration Centre of the Office of the Insurance Commission, the Arbitration Centre of the Securities and Exchange Commission, the Office for the Prevention and Resolution of Disputes regarding Intellectual Property, and the Arbitration Centre of the Thai General Insurance Association. These institutions each operate under their own procedural rules, which were developed to serve particular industries and dispute profiles. The procedural mechanisms for securing and documenting an independence declaration are not uniformly established across these forums. Consequences of Procedural Inconsistency This creates a notable gap. Not all arbitration bodies have a formalized procedure requiring written independence statements before proceedings commence. Some tribunals proceed
AWARDS & RANKINGS
July 8, 2026
Benchmark Litigation has once again included Tiziana Sucharitkul, managing partner at Tilleke & Gibbins, in its Top 100 Women in Litigation list for 2026. This marks her sixth time earning a place in the publication’s annual ranking of leading female litigators. This annual list honors leading female litigators across the region who have distinguished themselves through notable casework, strong client and peer feedback, and outstanding professional reputations. The continued recognition reflects Tiziana’s sustained prominence in complex disputes work, as well as her longstanding contributions to the legal profession in Thailand and beyond. Her strategic approach and depth of experience have made her a trusted advisor in high-stakes litigation matters. Benchmark Litigation’s rigorous selection process considers not only legal expertise and peer endorsements but also the significance and impact of each lawyer’s recent litigation work within their jurisdiction. Readers can access Benchmark Litigation’s full Top 100 Women in Litigation list through their website.
May 11, 2026
Tilleke & Gibbins has been recognized in five practice areas at the Asia Business Law Journal (ABLJ) Vietnam Law Firm Awards 2026, reflecting the firm’s continued strength across a range of legal disciplines in Vietnam. The firm received honors in the following categories: Artificial Intelligence Data Compliance and Cyber Security IP Litigation Labor & Employment Technology, Media & Telecommunications The ABLJ Vietnam Law Firm Awards highlight leading law firms across key practice areas, with multiple firms typically recognized in each category. The 2026 edition marks the fourth year of the awards program. These recognitions underscore the work of Tilleke & Gibbins’ Vietnam-based teams, particularly in technology-driven and regulatory-focused areas of practice. For more details and the full list of winners, please visit the ABLJ website.
May 11, 2026
Tilleke & Gibbins has continued to show excellent performance in the recently released Benchmark Litigation 2026 rankings for dispute resolution firms in the Asia-Pacific region. The rankings include two jurisdictions where Tilleke & Gibbins is active: Thailand and Vietnam. Firm Rankings A full summary of the firm’s rankings is provided below: Thailand Commercial & Transactions – Tier 1 Government & Regulatory – Tier 1 Labor & Employment – Tier 1 Intellectual Property – Tier 1 Trade & Customs – Tier 2 Vietnam Commercial & Transactions (Foreign Firms) – Tier 1 Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (International Firms) – Highly Recommended (top tier awarded in this category) White Collar Crime – Recommended (top tier awarded in this category) Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Tier 2 Individual Rankings The 2026 edition also recognizes 12 Tilleke & Gibbins lawyers in Thailand—more than any other firm in the jurisdiction—and four in Vietnam. Thailand Alongkorn Tongmee – Trade & Customs Chitchai Punsan – Commercial & Transactions Chusert Supasitthumrong – Labor & Employment John Frangos – Commercial & Transactions Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Piyawat Vitooraporn – Commercial & Transactions Pongpalin Chantrapirom – Commercial & Transactions Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan – Commercial & Transactions Thawat Damsa-ard – Commercial & Transactions Tiziana Sucharitkul – Commercial & Transactions, Government & Regulatory Vietnam Duc Anh Tran – Commercial & Transactions Linh Duy Mai – Intellectual Property Loc Xuan Le – Intellectual Property Tu Anh Tran – Commercial & Transactions Benchmark Litigation’s annual research is based on interviews with dispute resolution specialists and clients, as well as analysis of recent casework and market developments. To view the full results, please visit the Benchmark Litigation websites for Thailand and Vietnam.