Alongkorn Tongmee

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Counsel

Biography

Alongkorn Tongmee is an experienced litigator in Tilleke & Gibbins’ dispute resolution department. He handles complex commercial disputes related to contract breaches, insurance matters, transportation, bankruptcy and business reorganization, construction, international arbitration, and international asset recovery matters.

As a member of the firm’s compliance and investigations practice, Alongkorn also assists clients on white-collar crime and cybercrime matters, anticorruption, internal and government investigations, and extradition matters. Alongkorn has extensive experience dealing with the Royal Thai Police (including immigration officials), public prosecutors, and Thailand’s various regulatory agencies.

Alongkorn is a well-rounded attorney, having previously practiced with the firm’s corporate and commercial team. With this experience, he brings strong knowledge of corporate matters which he utilizes in his disputes practice. He has also undergone Tilleke & Gibbins’ innovative constitutional and administrative law training program led by esteemed academics, former judges, and other accomplished legal practitioners in Thailand.

Alongkorn has completed the Barrister-at-Law requirements of the Institute of Legal Education, Thai Bar Association. He acts as a guest law lecturer at Dhonburi Rajabhat University. He frequently gives presentations on topics related to construction, labor law, anticorruption, and white-collar crime.

Experience

Represented a leading global technology company in a wrongful act dispute related to a high-value construction project.
Provided advice and assistance regarding various legal issues to a multinational financial services company that specializes in payment cards.
Acting for the owner of a landmark skyscraper project in a multi-million dollar arbitration arising out of a breached contract.
Representing a Thai conglomerate in environmental litigation arising out of a major telecommunications infrastructure project.
Representing a global EPC contractor in successful multinational arbitration relating to supply of engineering equipment for an offshore energy infrastructure project.
Acting for a client in a complex multi-jurisdictional dispute arising out of a default on the lease of an aircraft engine.
Advising a global logistics company and its insurer in multiple disputes arising out of a ship collision that caused damage to sensitive cargo.
Acting for one of Thailand’s largest telecommunications conglomerates in proceedings to revoke an unfavorable arbitration award through the Thai courts.
Successfully defending a securities agent against complex false allegations of fraudulent conduct related to an IPO.
Prosecuted and defended various complex civil and criminal actions related to breach of contract, wrongful acts, undue enrichment, fraud, and attempted fraud on behalf of our client.
Defended clients against criminal charges related to work permit issues, including providing legal advice, assisting clients at inquiry meetings with police officials, attending court hearings, and assisting with the immigration process.
Assisted a client and coordinated with Thai authorities and a foreign authority in an extradition matter related to a high-profile criminal fraud proceeding in a foreign country.
Assisted a client with business reorganization. Our representation included providing legal advice, preparing and submitting the debt repayment application, attending the creditors’ meeting, and attending court hearings.
Assisted government authorities with recovery of assets defrauded from Thailand to other countries.
Represented a client in a bankruptcy case. Our representation included providing legal advice, preparing and submitting a petition for an absolute receivership order and the debt repayment application, attending various meetings with the official receiver, and attending court hearings.
Helped a U.S. enterprise that successfully bid for a large IT project to commence and continue operations in Thailand, including securing long-term visas and work permits for a number of IT specialists of various nationalities and providing general legal counsel.

ABOUT Alongkorn

Practices

Dispute Resolution and Litigation

Employment

Location

Thailand

Languages

Thai

English

Education

LLM, Indiana University School of Law

LLB, Thammasat University

Insights

June 11, 2024

“Prospects of Success” and “Good Faith” in Thai Business Rehabilitation Petitions

Over the past decade, business rehabilitation proceedings in Thai courts have received a great deal of attention from debtors and creditors, especially after the COVID-19 pandemic. Business rehabilitation and bankruptcy proceedings have different objectives in court. As a result, Thai courts have a different perspective and set of criteria for considering and approving rehabilitation proceedings than for bankruptcy petitions. Both proceedings are outlined in the Bankruptcy Act B.E 2483 (1940). This article mainly discusses in-court business rehabilitation proceedings. Three parties can petition the court to initiate business rehabilitation proceedings: Debtors; Creditors; and Certain authorities, such as the Bank of Thailand For a debtor to be subject to business rehabilitation proceedings, it must: Be insolvent or unable to repay debt of at least THB 10 million (for corporate debtors) or from THB 2 million to less than 10 million (for SME debtors); Have debt that is determinable but has not yet become due; Be indebted to one or more creditors, where the combined total of the debt is within the required debt amounts above; and Have reasonable cause and possible ways to rehabilitate its business. Court Approval of a Petition Upon receipt of the business rehabilitation petition, the Bankruptcy Court will schedule a hearing on it. In conducting an inquiry into the petition, the court will consider whether: The facts in the petition are true; There are prospects of success for business rehabilitation; and The petitioner has filed the petition in good faith. If these three criteria are met, the court will approve the business rehabilitation. Prospects of Success In considering whether there are prospects of success for business rehabilitation, the court will look at whether the business rehabilitation petition contains reasonable grounds as well as appropriate and feasible solutions for rehabilitating the business. In that regard, the petitioner must

April 11, 2024

Litigation Funding in Thailand

Costly and time-consuming litigation can cause entrepreneurs to lose a lot of money, leading to cash flow problems and even threatening their ability to continue their business operations. One alternative to these financial challenges is litigation funding. This can be an option for people intending to file a lawsuit or those being sued to address potential financial liquidity problems caused by the financial demands of litigation. Litigation funding refers to financial support provided by an unrelated third party with no interest in the dispute who agrees to fund the costs a party incurs during the dispute resolution process in exchange for a portion of any money potentially awarded to the party being funded. If the funded party loses the case, the third party (i.e., the funder) is solely responsible for the costs. Although litigation funding is available in various countries, Thailand considers it to be contrary to public order and good morals, which renders litigation funding agreements void and unenforceable. Recognition and Enforcement in Thailand There are no laws or regulations in Thailand that specifically mention litigation funding. However, the Supreme Court has consistently ruled that litigation funding is not recognized and is not legally enforceable under Thai law. These Supreme Court precedents have established that agreements to receive benefits in return for pursuing litigation in which the funding party is not involved would be an act of seeking benefit from the litigation of others. As noted above, this purpose has been viewed as contrary to public order and good morals, which results in the agreement being void and unenforceable by other Thai courts (Supreme Court Judgment No. 7014/1999). Therefore, if a litigation funding agreement were in place in a Thai dispute and the funded party won, the funding party would most likely not be legally entitled to any

December 15, 2023

Lex Mundi Guide to Doing Business in Thailand 2023

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.

July 7, 2023

Employment Law Basics in Southeast Asia

Tilleke & Gibbins is pleased to announce the release of Employment Law Basics in Southeast Asia. This publication serves as an indispensable resource for businesses navigating the complex landscape of employment law in Cambodia, Laos, Myanmar, Thailand, and Vietnam. Authored by Tilleke & Gibbins’ regional team of employment law specialists, the guide provides a detailed overview of key employment law topics essential for businesses operating or planning to expand their operations in Southeast Asia. From employment contracts to termination procedures, each topic is examined in depth to ensure businesses are well-equipped to comply with local regulations and protect their interests. Key topics covered in the guide include: Employment contracts Probationary period Minimum wage Social security and statutory payments Working hours Leave and holidays Work rules Termination Foreign employees Data protection Remote work AI and automation Our guide offers multinational corporations establishing a presence in the region and local enterprises alike practical insights and actionable advice tailored to the unique regulatory environments in Cambodia, Laos, Myanmar, Thailand, and Vietnam. To access the full guide, please download the PDF below.

Awards & Rankings

September 13, 2024

Tilleke & Gibbins Retains Strong Rankings in IFLR1000 Asia-Pacific 2024

The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and

September 12, 2024

Tilleke & Gibbins Recognized in Asialaw 2024 Rankings

Tilleke & Gibbins has once again secured impressive rankings in the recently released Asialaw 2024 rankings. The firm has maintained its position as a top legal service provider across multiple jurisdictions, earning a total of 39 rankings in practice and industry groups, 19 of which are in the highest tiers. The firm’s performance continues to reflect its exceptional client service and legal expertise across Southeast Asia. Tilleke & Gibbins is recognized in all available categories for Cambodia, Laos, and Thailand, demonstrating the firm’s strong presence across the region. In the individual rankings, 22 of the firm’s practitioners have been recognized, including three notable promotions and three new entries: Charunun Sathitsuksomboon (Thailand), newly ranked as a Notable Practitioner for Corporate and M&A. Linh Thi Mai Nguyen (Vietnam), promoted to Distinguished Practitioner for Intellectual Property. Loc Xuan Le (Vietnam), promoted to Elite Practitioner for Intellectual Property. Niti Muangkote (Laos), a new entry as a Rising Star for Banking and Finance. Prisna Sungwanna (Laos), newly ranked as a Distinguished Practitioner for Corporate and M&A and Banking & Finance. Suebsiri Taweepon (Thailand), promoted to Distinguished Practitioner for Intellectual Property and Technology and Telecommunications. Client feedback remains a key component of the Asialaw rankings, with Tilleke & Gibbins earning high praise for its responsiveness and commercial awareness. The firm’s sector-specific knowledge also continues to stand out, with clients expressing their appreciation of the firm’s understanding of their businesses’ operational contexts. For more details and to browse the full rankings, please visit the Asialaw website.

July 19, 2024

Tilleke & Gibbins Nominated for Six Asialaw Awards 2024

Tilleke & Gibbins has been shortlisted for six awards at the Asialaw Awards 2024. The nominations highlight the firm’s outstanding performance and leadership in Southeast Asia’s legal landscape. The firm has received the following nominations: Regional Corporate/M&A Firm of the Year Cambodia Firm of the Year Laos Firm of the Year Thailand Firm of the Year In addition to the firm nominations, two individuals from Tilleke & Gibbins have been recognized for their exceptional contributions: Prisna Sungwanna – Laos Female Lawyer of the Year Charunun Sathitsuksomboon – Thailand Female Lawyer of the Year The Asialaw Awards celebrate the leading law firms and legal professionals across the region, recognizing excellence in practice and service. The winners will be announced at a ceremony in Kuala Lumpur, Malaysia, on September 26. For more information on the Asialaw Awards 2024 and to browse a full list of the winners, please visit the Asialaw website.

May 10, 2024

Tilleke & Gibbins Gets High Marks in Benchmark Litigation Asia-Pacific 2024

Benchmark Litigation has unveiled its highly anticipated 2024 rankings for the top dispute resolution firms in the Asia-Pacific region, showcasing Tilleke & Gibbins’ continued success in both Thailand and Vietnam. The Benchmark Litigation rankings include two jurisdictions where Tilleke & Gibbins is active—Thailand and Vietnam. Full details of the firm’s rankings are below: Thailand Intellectual Property – Tier 1 Commercial & Transactions – Tier 2 Government & Regulatory – Tier 2 Labor & Employment – Tier 2 Trade & Customs – Tier 2 Vietnam Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (Foreign Firms) – Recommended (top tier in this category) Commercial & Transactions (Foreign Firms) – Tier 2 Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Highly Recommended (second-highest tier in this category) In the rankings of individual practitioners, a total of ten Tilleke & Gibbins lawyers were singled out for recognition: Alongkorn Tongmee – Trade & Customs Chusert Supasitthumrong – Labor & Employment Linh Duy Mai Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan Thawat Damsa-ard – Commercial and transactions Tiziana Sucharitkul – Commercial and Transactions, Government and Regulatory K. Loc – Intellectual Property Benchmark Litigation provides coverage of litigation and disputes markets around the world, based on interviews with dispute resolution specialists and clients, as well as analysis of the market’s most important cases and firm developments. To learn more about the rankings and to browse the results, please visit the Benchmark Litigation website.

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