On September 28, Tilleke & Gibbins’ dispute resolution group in Bangkok hosted a hybrid seminar entitled “Complex Commercial Litigation,” comprising three main topics—solutions for delay and disruption claims in construction disputes, product liability, and insurer liability in policies relating to product liability and construction. The sessions were presented in Thai language and were moderated by associate Jamorn Pornponwat. In the first presentation, Noppramart Thammateeradaycho, counsel, walked attendees through causes of delay and disruption in construction, went over notable case studies, shared practical tips for making a successful claim, and covered claims under delay and disruption. In the second session, Chusert Supasitthumrong, partner and director of the dispute resolution department, addressed product liability issues. In his presentation, Chusert covered topics such as liability of entrepreneurs, burden of proof, liability and exceptions, disclaimer agreements between consumers and entrepreneurs, representatives of damaged parties, damages, and prescription periods. He also explained some of the legal procedures and steps that accused parties can take to settle a case successfully. In the final presentation, Pongpalin Chantrapirom, associate, covered insurer liability. Pongpalin addressed notable characteristics of insurer liability in insurance policies for product liability and construction. He also raised some illustrative case studies and examples of relevant court judgments.

On October 5, three attorneys from Tilleke & Gibbins’ dispute resolution group in Bangkok—associate Anyamani Yimsaard, counsel Suruswadee Jaimsuwan, and partner Thawat Damsa-ard—met with Judge Paopun Chopnamtaan, the vice secretary of Thailand’s Courts of Justice, to offer their comments on a proposed new system of recording witness testimony in the criminal court in Thailand. The current practice for creating a record of witness testimony in Thai courts is for the judge to speak a summary of the witness’ courtroom statements into an audio recorder for a court clerk to transcribe. The transcription is then read for all parties and the witness to confirm the accuracy of the content. The courts are in the process of replacing this practice with a system of recording witnesses’ courtroom testimony on video. The dispute resolution lawyers’ feedback was sourced mostly from the department’s most recent internal training session. They commented on the pros and cons of the program and shared their experiences with similar systems elsewhere, such as Singapore and the UK. The judge welcomed the input, and looked forward to considering how to apply their suggestions so that the proposed procedural changes can answer various stakeholders’ needs.

Charuwan Charoonchitsathian, a partner in Tilleke & Gibbins’ corporate and commercial group in Bangkok, was featured in a recent Asian Legal Business article on M&A trends and how firms are adapting their transactional legal work to embrace new technologies. The interview was part of their September 2022 issue, in which the magazine announced their annual Asia M&A rankings. Charuwan represented Tilleke & Gibbins (which received rankings in both Thailand and Vietnam) to offer insight into how the firm has seen various new technologies gain prominence in the M&A space in Southeast Asia. She noted that companies around the world are getting more deeply involved in technological approaches such as DeFi, blockchain, and various other Web3 innovations. She also explained why it is important for lawyers to understand these technologies in order to provide relevant and effective legal services to facilitate deals between companies in these sectors. She raised the example of Tilleke & Gibbins, which has a “dedicated technology practice group which brings together commercial, IP, and disputes lawyers who each have extensive knowledge and expertise in these emerging business areas. Our experts provide regulatory advice and analysis on how the governments in our jurisdictions will regulate Web3 technologies – not just how they are doing so now, but how they are likely to do so in future – to help future-proof transactions with a substantial technology element.” Asian Legal Business, owned by Thomson Reuters, is a leading source of information for businesses and professionals active in the region. To see Charuwan’s full comments, please see the September issue of Asian Legal Business.

On August 6, Thawat Damsa-ard, a partner in Tilleke & Gibbins’ dispute resolution department, will give a speech to incoming law students at Thammasat University Lampang Campus in northern Thailand. Thawat’s address will be part of the orientation activities for new students in the university’s Faculty of Law. Thawat will discuss important concepts such as legal philosophy and thought at the intersection of law, language, and human behavior. He will also complement the theoretical and academic side of his talk with insights and anecdotes from his broad experience preparing cases, serving clients, and litigating in the courtroom. Thawat is widely recognized for his successful record as a litigator and is a sought-after speaker and panelist on issues surrounding litigation and legal ethics in Thailand. He is a strong supporter of legal education and frequently shares his insights and professional observations with students and new lawyers.