Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2056 5777
T: +66 2056 5500
T: +84 24 3772 5633
T: +855 23 964 210

T: +66 2056 5995
T: +66 2056 5794

Tilleke & Gibbins fights for the rights and assets that matter most—from large monetary sums to crucial business relationships to invaluable intellectual property rights to personal freedom. And we win before trial and appellate judges, arbitrators, government adjudicators, and at negotiation tables. We are a litigation powerhouse.

We assemble lean, focused teams comprised of experienced litigators, specialized practitioners, and, as our most valuable member, our client. We collaborate with each client to develop a strategy that matches the client’s particular goals and budget. We staff our litigation teams with multilingual attorneys to ensure fluent, effective client communication. 

Our size, experience level, and depth permit us to handle an active caseload covering the full spectrum of civil and criminal matters. As a firm, we offer our clients over 120 years of litigating the most challenging cases in the region, 28 top litigators, and access to over 70 other legal experts. We are dedicated to finding the facts that matter, making the arguments that prevail, and taking each case through to successful resolution.

Among our recent victories, Tilleke & Gibbins has:

  • Acted on behalf of several multinational corporations in high-profile criminal customs disputes involving the assessment and calculation of customs duties and penalties. In addition to our representation in active customs investigations and inquiries, our customs experts regularly counsel clients in a variety of compliance and operational matters related to the import and export of goods and services in Thailand.

  • Represented an American manufacturing conglomerate in four complex defective product claims in Thailand. In all cases we successfully defended the client and secured favorable judgments after comprehensive trials in connection with power generation equipment with a value of approximately USD 3,000,000 each.

  • Negotiated a favorable settlement of a highly contested termination of a company director involving our client, the director, and the company of the spouse of the director. The dispute included two criminal cases and two civil cases (one of which involved a claim of THB 20,000,000). We successfully gathered evidence of the director’s misconduct and leveraged that evidence to secure a favorable settlement for our client.

  • 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.

  • Represented a well-known Japanese manufacturer in the prosecution of both civil and criminal matters related to use of confidential trade secret and theft of client property. Our client reached a favorable settlement in the civil claims. In the criminal matter, we worked with the police and the public prosecutor and successfully secured sufficient evidence to support prosecution of the criminal claims.

  • Represented the precious metals division of a large Japanese multinational corporation in claims it filed against its shipper and freight forwarder for the loss of gold dram.

  • Represented an international investment banking and asset management company in recovering funds provided to a Thai property developer (claims total USD 15,000,000).

  • Planned and executed the layoff of 1,900 employees. Thereafter, 279 of the affected employees submitted claims against the client in the total amount of THB 300,000,000. We successfully proved that our client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in our client’s favor. This was a high-stakes matter because, if we had lost the labor cases, the approximately 1,600 additional employees would have filed claims totaling approximately THB 2,000,000,000. We also act as ongoing labor compliance counsel.

  • 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.

  • 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.

  • Represented a subcontractor in a construction dispute against the prime contractor of a controversial wastewater management project (claims exceed USD 33,000,000).

  • Assisted a client whose wife had abducted his daughter and wrongfully withheld assets valued at over USD 1,000,000. We successfully mediated this case, which involved both family and criminal matters. The parties agreed to a divorce and the daughter was returned to our client.

  • Represented a foreign brewery in a dispute against a local brewery pertaining to a joint venture agreement. The local brewery alleged that our client had terminated the joint venture improperly and took the case to arbitration. Our litigation strategy (based on both the issue of termination and the issue of bad faith) gave us leverage to successfully settle the case.

  • Negotiated the resolution of a large medical malpractice claim involving several health professionals. 

  • Defended one of the leading global hotel management companies in a civil lawsuit for trademark infringement brought by a well-known real estate development company in Thailand. With our strong legal arguments and reliable documents and evidence, we convinced the IP&IT Court that our client was entitled to use its trade name and trademark in connection with its hotel business. The civil lawsuit was dismissed and the Trademark Registrar granted the registration of our client’s trademark application according to the judgment of the IP&IT Court.

  • Secured a victory for the top producer of welding electrodes in Thailand against a local infringer in a landmark passing-off case before the Supreme Court of Thailand. The client’s resounding success may be attributed to the defensive strategy of using multiple separate trademark registrations to collectively cover the entire package design.

  • Acted on behalf of our client before the IP&IT Court and obtained a very favorable settlement just prior to the rendering of judgment in what has been widely regarded as the largest and most complex patent infringement case in Thai history. In this multijurisdictional case, our team not only secured a rare Anton Piller order to seize infringing goods, which enabled us to successfully prove infringement, but also formulated extensive strategies for protecting the validity of our client’s patent.

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Name Position Office

Aaron Le Marquer

T:+66 2056 5784

E-mail

Partner
Bangkok

Chusert Supasitthumrong

T:+66 2056 5793

E-mail

Partner
Bangkok

David Lyman

T:+66 2056 5597

E-mail

Partner
Bangkok

John King

T:+855 23 964 210

E-mail

Partner
Phnom Penh
Bangkok

Kasamesunt Teerasitsathaporn

T:+66 2056 5799

E-mail

Partner
Bangkok

Nandana Indananda

T:+66 2056 5879

E-mail

Partner
Bangkok

Suebsiri Taweepon

T:+66 2056 5877

E-mail

Partner
Bangkok

Thawat Damsa-ard

T:+66 2056 5500

E-mail

Partner
Bangkok

Thomas J. Treutler

T:+84 24 3772 5633

E-mail

Partner
Hanoi
Ho Chi Minh City

Tiziana Sucharitkul

T:+66 2056 5777

E-mail

Partner
Bangkok
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Datesort icon Title
July 12, 2017

Tilleke & Gibbins and PwC to Host Seminar on Forensic Investigation and Asset Recovery

Thawat Damsa-ard, John Frangos

Asset misappropriation remains far and away the most common type of economic crime faced by companies, accounting for 64% of all reported economic crime in statistics revealed by PwC’s...

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June 16, 2017

Marsh and Tilleke & Gibbins: Seminar on Company Directors' Liabilities

Aaron Le Marquer, Athistha (Nop) Chitranukroh

In an environment of increasingly onerous corporate compliance and regulation, directors and officers of companies are more exposed to litigation and regulatory action than ever before. The cost...

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May 24, 2017

Presentation on Liability Risks for Directors and Officers at Dataconsult Forum

Chaiwat Keratisuthisathorn

Chaiwat Keratisuthisathorn, an attorney-at-law in Tilleke & Gibbins’ corporate and commercial group, has been invited to speak at a panel, “Bosses Beware: The Dangers of Being a Director,...

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May 23, 2017

Who’s Who Legal Recognizes Tilleke & Gibbins with 2017 Country Award for Thailand

Tiziana Sucharitkul, Darani Vachanavuttivong

Tilleke & Gibbins has won the 2017 Who’s Who Legal Country Award for Thailand at a ceremony that took place at Plaisterers’ Hall in London on May 15. This is the second year that the Thailand...

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May 8, 2017

Tilleke & Gibbins to Host 2017 SCG Legal International Meeting in Bangkok

David Lyman, Somboon Earterasarun, Michelle Ray-Jones, Suebsiri Taweepon, Michael Ramirez, John Frangos

Tilleke & Gibbins, the only Thailand member of SCG Legal, a legal network comprised of over 148 independent law firms in 82 countries, will be hosting the 2017 SCG Legal International Meeting...

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Datesort icon Title
September 1, 2017

New and Improved Penalty Scheme Under the 2017 Thai Customs Act

Kasamesunt Teerasitsathaporn, Michael Ramirez

Businesses involved with the Thai customs clearance process have been anxiously awaiting changes aimed at improving customs laws. These long-awaited changes come with the passage of the Customs...

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August 31, 2017

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by Tilleke & Gibbins, the book begins with an...

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August 21, 2017

Conducting Successful Corporate Internal Investigations in Southeast Asia

John Frangos

Employees, managers, and the companies they work for sometimes do bad things.   Employees might embezzle money or sell trade secrets to competitors. Executives may authorize a bribe to...

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August 18, 2017

Aircraft Repossession in Thailand

John Frangos, Nuanchun Somboonvinij

For aircraft leasing companies, having to repossess an aircraft from an airline that misses its rental payments is usually an option of last resort. The repossession process in Thailand can be...

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July 20, 2017

Long Awaited Changes to the Thai Customs Act Signed Into Law

Michael Ramirez

On May 17, 2017, Thailand published its new Customs Act B.E. 2560 (2017) in the Royal Gazette, the official journal in which new laws are announced. The Act, effective 180 days from...

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