Dispute Resolution and Litigation

Featured Publication: Resolving Disputes in Thailand
Contacts
T: +66 2056 5777
T: +66 2056 5500
T: +84 4 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

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 8 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

Linh Duy Mai

T:+84 4 3772 8811 ext. 113

E-mail

Associate
Hanoi
Datesort icon Title
April 12, 2017

Tilleke & Gibbins Named ALB Employer of Choice 2017

For the fifth year in a row, Tilleke & Gibbins has been named “Employer of Choice” in Thailand in a survey conducted by Asian Legal Business.

The rankings were determined...

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April 12, 2017

ALB Southeast Asia Law Awards 2017: Tilleke & Gibbins Earns Nominations in Four Categories

Tilleke & Gibbins has been nominated for two national categories and two regional categories in the Asian Legal Business  Southeast Asia Law Awards 2017. This year’s winners will...

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March 10, 2017

John Frangos Discusses Aviation Regulator’s Plan to Deregister Leased Aircraft in Thailand

John Frangos

John Frangos, consultant in the dispute resolution group at Tilleke & Gibbins, was interviewed by GTDT Aviation Law News  for his insights into the Civil Aviation Authority of...

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February 21, 2017

John Frangos to Moderate International Arbitration Panel

John Frangos

John Frangos, a consultant in the Tilleke & Gibbins dispute resolution group, will act as moderator for an upcoming seminar on “Guerrilla Tactics in International Arbitration.” The event will...

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February 15, 2017

Boardroom Briefing on Product Liability in the F&B Sector

John Frangos, Athistha (Nop) Chitranukroh

On February 22, Marsh, a global leader in insurance brokerage and risk management, and Tilleke & Gibbins will host a boardroom briefing to discuss product liability risks in the food and...

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February 20, 2017

Resolving IP Disputes Through Arbitration

Jakkrit Kuanpoth

Intellectual property (IP) disputes may take several forms, including infringement of IP rights, misappropriation of business goodwill and reputation, industrial espionage such as stealing a...

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February 17, 2017

Conducting a Corporate Internal Investigation

John Frangos

Illegal or unethical conduct can occur in any workplace, whether by employees or management.

Employees might steal money or trade secrets. Management may allow a bribe to be paid to secure...

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February 15, 2017

Case Study: The Supreme Court’s Interpretation on Descriptive Trademarks

Chidapa Kongrassmee, Nandana Indananda

Lack of distinctive character is one of the most common reasons raised by the Trademark Registrar and the Board of Trademarks in Thailand to reject a trademark for registration. Given that many...

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February 6, 2017

PLC Doing Business in … Global Guide 2017 – Vietnam Chapter

Attorneys from Tilleke & Gibbins have written the Vietnam chapter of Practical Law Company’s Doing Business in … Global Guide, an essential handbook for businesses looking to expand...

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January 24, 2017

PLC Doing Business in … Global Guide 2017 – Thailand Chapter

Michael Ramirez, Kasma Visitkitjakarn, Sriwan Puapondh, Darani Vachanavuttivong

The 2017 edition of Doing Business In…, a Q&A-style guide published by Practical Law Company in collaboration with Lex Mundi, presents an overview of...

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