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Chitchai Punsan

Counsel

Biography

Chitchai Punsan is a litigator in Tilleke & Gibbins’ dispute resolution group. With his proactive and outcome-driven approach, Chitchai has successfully concluded various disputes for multinational corporations, not-for-profit entities, and individuals throughout Thailand and overseas.

Chitchai handles a wide spectrum of cases concerning customs violations, economic crime and investigations, product liability, and other complex civil and criminal litigation. With prior experience in Singapore serving as in-house counsel to multinational corporations, Chitchai provides clients with business-minded and holistic advice in line with the clients’ business interests.

Chitchai is a regular speaker on product liability, compliance, and employment, as well as a frequent contributor to a number of World Bank research projects. He is a member of the Lawyers Council of Thailand and the Thai Bar Association.

Experience

  • Secured a THB 250 million judgment in favor of a multinational steel maker against a debtor in Thailand.
  • Successfully resolved a complex customs dispute with respect to the relevant rules of origin.
  • Represented various clients in customs violation matters in connection with classification disputes.
  • Provided assistance to a multinational corporation in negotiating contracts across the Asia-Pacific region.
  • Advised clients on third-party due diligence (including onboarding new counterparties), sanctions, anti-bribery and corruption, anti-fraud, anti-money laundering compliance, market manipulation, and financial regulatory compliance.
  • Represented the Thai subsidiary of a large multinational logistics company in five court cases involving both criminal and civil matters totaling a claim amount that exceeded THB 200 million, arising out of the dismissal of an executive-level employee.
  • Represented an international animation studio in an employee fraud matter.
  • Provided assistance to a global logistics company in a breach of contract claim against a famous automobile conglomerate in Thailand.
  • Secured a favorable outcome in a labor dispute on behalf of an international car rental company in a claim arising out of the dismissal of an executive-level employee.
  • Concluded a labor dispute for an international clothing company in a claim arising out of the dismissal of an executive.
  • Successfully concluded an arbitration dispute relating to construction quality.
  • Advised and provided training on compliance to numerous international corporations.
  • Conducted investigations for several well-known international corporations into compliance issues.
  • Represented a multinational fashion firm in a breach of sales and purchase agreement dispute.
  • Represented a multinational logistics company in a complicated logistics services dispute.
  • Represented an energy corporation in multiple disputes involving purchase of subsea pipes.
  • Successfully concluded wrongful act claims arising from the 2011 floods in Thailand.
  • Advised multinational insurance firms on claims relating to the 2011 floods in Thailand.
  • Advised famous clients on multiple defamation claims.
  • Defended a client on a breach of contract claim arising out of a success-fee dispute.
  • Represented several clients in complex arbitration claims for breach of construction contracts.
  • Successfully concluded an extended litigation battle between a construction firm and a project owner.
  • Successfully convinced the Appeals Court to reverse a court order in a family dispute.
  • Represented a multinational shipping company in a liquidation dispute on issue which has never been decided by Thai courts.
ABOUT Chitchai

Industries

Consumer Products

Practices

Competition and Trade

Compliance and Investigations

Dispute Resolution and Litigation

Location

Languages

    Thai

    English

Education

    LLB, Ramkhamhaeng University

    BBA, Kasetsart University

Insights

June 27, 2024
On May 17, 2024, Thailand’s Anti-Money Laundering Office (AMLO) issued an amended Notification Concerning the Rules for Designating or Reviewing the List of High-Risk Customers Who Require Close Monitoring under the Ministerial Regulation on Customer Due Diligence B.E. 2563 (2020). This notification, which took effect the following day, updates the previous version of the notification from 2022 to cover cybercrimes listed under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023). The amended notification sets out the steps that all financial institutions in Thailand must take to manage money laundering risks and to comply with the AMLO’s mandatory Guidelines on Customer Due Diligence. Under the new notification, account holders suspected of engaging in or facilitating technological crimes, as recorded by the Anti Online Scam Operation Center (AOC), are to be classified as “high-risk persons.” The notification includes provisions for listing high-risk customers under two specific codes: HR-03-1: This code applies to individuals who are the subject of either a petition or a complaint related to a predicate offense accepted by the relevant inquiry officer and recorded as a criminal case. It also covers individuals whose bank accounts are suspected of being used to conduct transactions related to crimes under the Emergency Decree on Measures for the Prevention and Suppression of Technological Crimes B.E. 2566 (2023), with victims seeking prosecution. The names of individuals in this category are received from responsible agencies according to the Criminal Procedure Code or the AOC and are documented in a publicly accessible online notification system. HR-03-2: This code is for individuals involved in the commission of a predicate offense or those whose bank accounts are suspected of being used in such offenses, but whose cases have not been accepted or numbered by the relevant inquiry officer. Names
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December 15, 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.
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August 23, 2023
Self-reporting of customs violations in Thailand is normally carried out at the ports. However, in 2020, the Customs Department launched a campaign called the One Stop Service Program (OSSP) for business operators to self-report issues relating to unpaid customs duty from a central location in Bangkok. The current extension of the OSSP, which has been extended several times over the past few years, is due to expire on September 30, 2026, although a further extension seems likely. The OSSP offers a number of benefits. As noted above, settlement of unpaid duties can be done centrally in Bangkok even though the customs clearance itself is performed at Thai ports. Crucially, the fine for unpaid duty can be waived or reduced, and there is no late-payment penalty, which would normally amount to 20% of the unpaid duty if there is an official assessment and the duty is not paid within 30 days. The surcharge is reduced from 1% to 0.25%–0.75% per month on the unpaid duty. Nevertheless, any value-added tax (VAT), VAT surcharge, and VAT penalty on the unpaid duty still apply. To participate in the OSSP, the following conditions must be met: The offense must be considered a false declaration charge (Section 202 of the Customs Act), such as one involving value, price, tariff code, tariff rate, privileges, or other similar issues. The business operator must have committed the offense without intending to evade duty or restrictions. The goods must not be prohibited or infringe intellectual property. The declarations must not be under investigation by any authority in Thailand. Applications to participate in the OSSP can be submitted to the Post-Clearance Audit Division of the Customs Department, and applicants must provide the necessary documentation, such as customs declaration forms, invoices, purchase orders, sales contracts, and other payment documents. The officers
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February 13, 2023
Thailand’s Office of the Prime Minister has issued a new regulation titled Giving or Receiving Gifts of State Officials B.E. 2565 (2022). This regulation, which took effect on January 13, 2023, repeals the previous 2001 version and updates certain provisions to be in sync with Thailand’s primary anticorruption law, the Organic Act on Anti-Corruption B.E. 2561 (2018). The regulation prohibits state officials’ family members from receiving gifts from people who are dealing with the officials’ respective agencies. It also prohibits state officials from giving gifts to their supervisors and their supervisors’ family members. An exception, carried over from the previous version of the regulation, is provided for gifts on limited “customary occasions” valued at THB 3,000 or less. There are some notable revisions in the definitions of the new regulation. The term “gift” is now clearly defined to include “training” or “seminars.” In addition, the term “family members” now includes spouses living together “as husband and wife,” even if not legally married. For example, the common-law spouse of an officer considering a license application is not allowed to receive a gift from or attend an overseas seminar organized by the applicant. The regulation also provides: Guidelines for state officials to self-report in case of violation by a family member; Instructions on how to deal with the gifts received in violation; and Disciplinary actions for violation. Importantly, the regulation continues to prohibit the receipt of gifts by state officials’ family members but does not expressly criminalize the giving of gifts by private parties. However, all who deal with government officials should take note of the updated regulation to avoid creating a situation that might violate the rules.
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Awards & Rankings

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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September 12, 2024
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.
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July 19, 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.
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May 10, 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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