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Alongkorn Tongmee

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

Languages

    Thai

    English

Education

    LLM, Indiana University School of Law

    LLB, Thammasat University

Insights

December 4, 2024
Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by specialists at Tilleke & Gibbins in Bangkok, it is the only comprehensive English-language guide to the Thai legal system with a focus on the concerns of foreign business and investment.
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November 27, 2024
In Thailand, a business rehabilitation plan in court-supervised rehabilitation proceedings is a crucial element of the business rehabilitation process that outlines how a debtor’s assets will be managed. It also provides guidance for resolving a debtor’s business challenges so that the business can survive and continue to generate returns, increasing the likelihood that its creditors will be repaid. Key Plan Components The Bankruptcy Act B.E. 2483 sets forth the following components to be covered in a rehabilitation plan: The reasons for rehabilitation; Details about the debtor’s assets, liabilities, and other binding obligations at the time the court-ordered rehabilitation; Principles and methods of the rehabilitation; Redemption of collateral when there are secured creditors and guarantor liabilities; Ways to resolve problems arising from a temporary lack of liquidity during plan implementation; Action to be taken when a claim or debt is assigned; Name, qualifications, and letter of consent of the plan administrator, as well as information on compensation; Appointment and release of the plan administrator; Period in which the plan will be implemented (maximum of five years); and Refusal of the debtor’s assets or refusal of contractual rights if the debtor’s assets or contractual rights have obligations that exceed the benefits they yield. Considering the diverse nature and challenges of each debtor’s business, the details listed here are only general guidelines for what should be included in a rehabilitation plan. The planner has the flexibility to create a plan with different details or guidelines than those outlined above to best suit the nature and challenges of the debtor’s business. The planner can also omit some of the mentioned requirements if they are not relevant to the debtor’s business. Concerns of Relevance Court approval of the rehabilitation plan. Once the plan is approved by a meeting of the creditors, it is necessary
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June 11, 2024
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
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April 11, 2024
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
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Awards & Rankings

November 26, 2024
Tilleke & Gibbins has been named to the Asian Legal Business (ALB) Fast 30: Asia’s Fastest Growing Firms 2024. The ranking highlights law firms across Asia that have demonstrated significant growth and leadership in a competitive and evolving legal landscape. Selection for the ALB Fast 30 is based on metrics such as growth in fee-earners, new office openings, the addition of key partners and clients, revenue increases, and other measures of expansion. This is the second time Tilleke & Gibbins has been included on the list, having previously earned recognition in 2022. The Fast 30 ranking complements ALB’s annual Top 50 Largest Law Firms feature, which evaluates firms by total lawyer headcount. While not included among the region’s largest firms, Tilleke & Gibbins continues to be prominently ranked by ALB for its presence in Thailand and Vietnam. For more about the ALB Fast 30 and to see a full list of the Asia’s fastest growing law firms, please see the November 2024 issue of ALB.
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November 11, 2024
Tilleke & Gibbins is pleased to announce that the firm has been honored with the Thailand Country Award at the 2024 Lexology Index Awards in London. This marks the ninth consecutive year that the firm has received this prestigious recognition, underscoring its consistent excellence and leadership in the Thai legal market.
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September 13, 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
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