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.

Name Position Office

Srila Thongklang

T:+66 2056 5529

E-mail

Of Counsel
Bangkok

Thiep Huy Nguyen

T:+84 24 3772 8811

E-mail

Of Counsel
Hanoi

Alongkorn Tongmee

T:+66 2056 5807

E-mail

Associate
Bangkok

Anyamani Yimsaard

T:+66 2056 5776

E-mail

Associate
Bangkok

Aye Thuzar Hlaing

T:+95 1 255 208

E-mail

Associate
Yangon

Chalermpol Intarasing

T:+66 2056 5809

E-mail

Associate
Bangkok

Chitchai Punsan

T:+66 2056 5779

E-mail

Associate
Bangkok

Chuyen Hong Huu Le

T:+84 28 3936 2079

E-mail

Associate
Ho Chi Minh City

Ittirote Klinboon

T:+66 2056 5798

E-mail

Associate
Bangkok

Kornkieat Chunhakasikarn

T:+66 2056 5804

E-mail

Associate
Bangkok
Datesort icon Title
November 15, 2017

Tilleke & Gibbins Vietnam has Strong Showing in Asialaw Profiles 2018

In the 2018 edition of Asialaw Profiles, Tilleke & Gibbins was recognized as a leading law firm in Vietnam in seven practice areas, as follows:

November 15, 2017

Asialaw Profiles 2018: Tilleke & Gibbins Recognized for Work in Cambodia, Laos, Indonesia, and Myanmar

Tilleke & Gibbins’ four youngest offices have all been recognized as leading practices in their respective jurisdictions in Asialaw Profiles 2018, a guide to the Asia Pacific region’s...

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November 15, 2017

Asialaw Profiles 2018: Tilleke & Gibbins Leads Rankings in Thailand

Regional law firm Tilleke & Gibbins has again distinguished itself as the dominant domestic law firm in Thailand in Asialaw Profiles 2018, a guide to the top domestic and regional...

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November 10, 2017

Asia Women in Business Law Awards 2017: Tilleke & Gibbins Wins Two Awards

Tilleke & Gibbins took home two trophies at the seventh annual Asia Women in Business Law Awards, being recognized as Firm of the Year for Vietnam as well as Best National Firm for Talent...

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October 31, 2017

Tilleke & Gibbins to Host Annual Employment Law Forum on November 28, 2017

Chusert Supasitthumrong, Chaiwat Keratisuthisathorn, Kitti Thaisomboon, Nutavit Sirikan

From the amendment of the Labor Protection Act (LPA) to the announcement of several significant Supreme Court decisions, there have been a number of important developments in Thai labor and...

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Datesort icon Title
July 7, 2017

Condominium Disputes: Concerns for Joint Owners

Alongkorn Tongmee

Condominiums have long been one of the most popular properties for people living in Thailand’s big cities. The different units in a condominium are individually owned, while common properties,...

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June 23, 2017

The New Customs Act: Important Changes for Importers and Exporters

Chusert Supasitthumrong

The Thai Customs Act was enacted in 1926, and has undergone several changes during the past nine decades of its existence. Despite the amendments, however, some provisions in the Act continued to...

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June 12, 2017

Thailand: Courts Introduce New Electronic Procedures

Ukrit Petpichetchian

A new directive in Thailand will allow court pleadings and documents to be filed electronically. The Directive of the President of the Supreme Court on Submitting, Sending, and Receiving Pleadings...

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June 9, 2017

The Amended Computer Crimes Act: Important Changes for Business Operators

Chusert Supasitthumrong

The Act Governing Commission of Offences Relating to Computers (generally known as the Computer Crimes Act) was enacted in 2007. Over the last decade, several high-profile cases have appeared in...

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May 29, 2017

Thailand Introduces Changes to the Appeal Proceedings for IP-Related Cases

Piyawat Kayasit

Prior to the establishment of the Central Intellectual Property and International Trade Court (“IP&IT Court”) in 1997, which was the first specialized IP court in South East Asia, an IP-...

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