Dispute resolution in Thailand

Baker McKenzie

Baker McKenzie's disputes group has a broad range of expertise across a number of key areas, including construction, IP, insurance and financial services, among others. The practice group is jointly headed by Chirachai Okanurak, who has experience in a variety of civil claims, including construction matters, and Kanit Vallayapet, who handles commercial and administrative disputes. Another key figure is managing partner Wynn Pakdeejit, who has developed considerable cross-border experience, having led the firm's Asia Pacific disputes team from 2014 to 2017. Senior associate Pumma Doungrutana is an experienced litigator in the Thai courts, covering insurance, international trade and general commercial disputes.

Practice head(s):

Chirachai Okanurak; Kanit Vallayapet; Wynn Pakdeejit

Key clients

Deutsche Bank AG

PTT Group

Noble Development Company

General Motors (Thailand)

Bangkok Expressway and Metro

AXA Insurance Co

Boonrawd Group

Work highlights

  • Represent 10 of Thailand’s 24 licenses in an administrative tort case against the National Broadcasting and Telecommunications Committee due to their failure to meet their duties following our clients successful bid for the licenses.
  • Represent a major steel importer in both an Administration Court case objecting to the imposition of a tariff and in defending a criminal claim for filing a false import declaration.

Watson Farley & Williams (Thailand) Limited

Watson Farley & Williams (Thailand) Limited's dispute resolution practice acts for a number of investment banks and corporates including aviation and energy companies in commercial and corporate litigation. Practice head Steven Burkill has considerable experience in local and international disputes, and Kay Kian Tan, has particular expertise in commercial litigation for multinational corporates in the construction, shipping and energy sectors. Recent highlights included Ratthakarn Boonnua acting for Ford Motor Company in a $69m dispute against its insurer in relation to business interruption claims resulting from the 2011 floods in Thailand. Alan Polivnick, who is instructed foreign shareholders, banks and insurers in commercial disputes.

Practice head(s):

Steven Burkill

Other key lawyers:

Kay Kian Tan

Key clients

Thai Samsung Electronics

Ford Motor Company

Bangchak Corporation

AIG Insurance

PTT

Work highlights

  • Advising the Ford Motor Company in a Thai court case worth $69m against its insurer in regards to contingent business interruption claims arising out of the Thai Floods of 2011.
  • Representing PPT, the oil and gas company, in relation to a $12m dispute in respect of claims and counterclaims arising out of the failed design, supply and implementation of an integrated commodities trading risk management system.
  • Defended Bangchak Corporation, a Thai Energy company, in claims brought by one of Bangchak’s distributors of a lubricant product, who alleged that Bangchak was in breach of its distribution agreements.
  • Advising Poonsub Can, in a dispute with MMP International on product liability claims in the Thai Court for $7m.

Weerawong, Chinnavat & Partners

Weerawong, Chinnavat & Partners represents clients from pre-litigation through to enforcement. Phisit Dejchaiyasak heads up the dispute resolution team and has a reputation for representing insurance companies and major Thai corporations in domestic and international disputes. Sakchai Limsiripothong has handled commercial and IP disputes in a range of sectors including construction and banking, and Rapinnart Prongsiriwattana successfully represented Total Access Communication in the administrative court proceedings concerning telecoms concessions. Also recommended are Pathorn Towongchuen and Pralakorn Siwawej, who is rated for his 'in-depth analysis'Warathorn Wongsawangsiri left the team in September 2019 for Herbert Smith Freehills (Thailand) Limited.

Practice head(s):

Phisit Dejchaiyasak

Testimonials

‘They are very professional and competent, with a particular attention to clients’ needs.’

‘Associate Pralakorn Siwawej is very good at coordinating projects involving teams from other jurisdictions in order to provide the client with an in depth analysis.’

Key clients

Export-Import Bank of the United States

Total Access Communication

Ananda Development

PTT

Frasers Property

Hero Experience

T Engineering

Work highlights

  • Representing Ticon Industrial Connection in defending the revocation of land auctions in relation to three high profile cases in Thailand.
  • Represented PTT in a case brought forward by the Indonesian government regarding the Montara oil spill in the Timor Sea.

DLA Piper

DLA Piper (Thailand) Limited's practice has acted on construction, shipping, employment and insurance claims and disputes. The department is jointly headed by Thai litigator and arbitration expert Don Rojanapenkul, who is most active in the banking, insurance, energy and telecoms sectors, and Peter Shelford, who has particular expertise in insurance, reinsurance and construction-related disputes, and successfully represented Blue Lotus Hua-Hin and Blue Lotus Construction in multiple arbitration claims involving several buyers alleging breaches of various agreements. Senior consultant Robert Tang is another contact for reinsurance and non-marine insurance matters. Also recommended are Komson Suntheeraporn and senior associate Ekasit Suttawat, who has experience in construction-related disputes.

Practice head(s):

Peter Shelford; Don Rojanapenkul

Other key lawyers:

Robert Tang

Key clients

AIG

Allied World Assurance

Chubb

Diebold Nixdorf

Dhipaya Insurance

GLH Asset Management

Work highlights

  • Represents Thaisri Insurance and the reinsurers in a recovery-subrogation action against multiple parties.
  • Acting for a Eurosport Events, based in the UK, in relation to their dispute with a Thai investing party.

Herbert Smith Freehills (Thailand) Limited

Herbert Smith Freehills (Thailand) Limited handles a range of contentious work including employment disputes in Thailand and throughout the wider region, disputes arising out of inbound investments, and disputes involving Thai companies with cross-border commercial arrangements. Practice head Chinnawat Thongpakdee acts for international and domestic companies in cross-border corporate and commercial disputes often involving parallel proceedings in other jurisdictions. Warathorn Wongsawangsiri, who is active in administrative law, energy and insurance-related disputes domestic and internationally, joined the firm from Weerawong, Chinnavat & Partners in September 2019.

Practice head(s):

Chinnawat Thongpakdee

Hunton Andrews Kurth LLP

Hunton Andrews Kurth LLP has capabilities in a wide variety of civil and commercial disputes, and has recently been involved in a cases concerning foreign ownership in the telecoms industry, as well as a number of employment disputes in connection with corporate reorganisations. Head of Thai litigation counsel Apichart  Phankeasorn has experience in class actions, administrative claims, and bankruptcy claims. Also recommended are Manida Zinmerman, who has been defending Morgan Stanley Asia in several civil claims in Thailand, and senior associate Pracha Tiyapattanaputi.

Practice head(s):

Manida Zinmerman; Apichart Phankeasorn

Work highlights

  • Representing Thaicom and Intouch Holdings in an arbitration at the Thai Arbitration Institute filed against the Ministry of Digital Economy and Society.
  • Representing Ngern Tid Lor to defend a lawsuit at the Civil Court. The plaintiffs claimed they are the customers of the company and suffered damage from the unlawful change of excessive interest rates which was a violation of the Excessive Interest Rate Prohibition Act.
  • Representing Ford Services as a defendant in a class action lawsuit lodged by ten plaintiffs to the Southern Bangkok Civil Court.
  • Representing Nation Multimedia Group in claim against its former directors, Chief Executive Officer and a senior consultant in a claim related to a breach of fiduciary duties and good corporate governance.
  • Representing Digital Phone in four administrative cases of the Central Administrative Court.

LS Horizon Limited

The disputes team at LS Horizon Limited handles employment and IP disputes, in addition to a variety of litigation in the construction, real estate, and banking sectors. Prechaya Ebrahim is routinely instructed by local and international banks in commercial litigation. Lersak Kancvalskul has experience in commercial claims arising out of business restructuring and debt recovery processes, and Thanaluck Sunananta is involved in employment disputes, as well as construction and real estate claims. Wanchai Yiamsamatha is also recommended.

Practice head(s):

Prechaya Ebrahim; Lersak Kancvalskul; Thanaluck Sunananta Wanchai Yiamsamatha;

Key clients

Sri Trang Agro- Industry Public Company Limited

CIMB Thai Bank Public Company Limited

Hewlett-Packard (Thailand) Ltd.

DXC Technology (Thailand) Co., Ltd.

Bank of Ayudhya Public Company Limited

JT International (Thailand) Ltd.

Gulf Energy Development Public Company Limited

The Stock Exchange of Thailand

Work highlights

  • Represented Banpu Public Company Limited in THB60bn litigation over dispute in development of a coal mine-mouth power plant in Lao PDR.
  • Represented Ayuthya Limited in both business rehabilitation and bankruptcy proceedings of TT&T Pcl.

R & T Asia (Thailand) Limited

R & T Asia (Thailand) Limited has experience in a wide range of disputes covering tax, employment, customs and trade, and general commercial matters. The team is headed by senior partner Surasak Vajasit, who routinely represents multinational companies in legal proceedings with government entities and private litigants. Another key figure in the team is Melisa Uremovic, who has particular expertise in trade and customs disputes. Also recommended is Ittichai Prasongprasit, a fluent Thai and Japanese speaker who specialises in trade and construction disputes and is well-placed to represent foreign litigants from Japan.

Practice head(s):

Surasak Vajasit

Key clients

Glow Group

Standard Chartered Bank

Coca Cola Thailand

Philip Morris

Toyota Motor

Total Access Communication

Work highlights

  • Represented Sermsuk as a defendant in unfair dismissal claims commenced by 45 employees.
  • Representing Glow Energy Public Limited Company in the arbitration dispute regarding the expiry of the power purchase agreement made with Electricity Generating Authority of Thailand.

Siam Premier International Law Office Limited

Siam Premier International Law Office Limited has notable experience in representing Thai and foreign corporations at every level of Thai court, and also in proceedings at the Thai Arbitration Institute. Techatat Udomsiri has handled commercial and employment disputes as well as administrative proceedings; Kong Suriyamontol has particular expertise in mining and natural resources disputes; and senior consultant Sumit Masrungson has decades of experience acting for public and private sector clients in commercial and administrative disputes.

Practice head(s):

Techatat Udomsiri; Kong Suriyamontol; Sumit Masrungson

Tilleke & Gibbins

Tilleke & Gibbins' dispute resolution group is known for its work in class actions and product liability claims, employment disputes and and insurance disputes. Further, the team has also developed expertise in the energy and aviation sectors. The practice is jointly headed by Thawat Damsa-ard, who is well regarded for his experience in foreign investment disputes, and John Frangos, who is regularly involved in contentious matters in the aviation, energy and construction industries. Also recommended is employment and labour law specialist Chusert Supasitthumrong.

Practice head(s):

John Frangos; Thawat Damsa-ard

Other key lawyers:

Chusert Supasitthumrong

Key clients

AIG

Amec Foster Wheeler

Everest Reinsurance

General Motors

Honda

Ingredion

Linfox

Japan Transport Engineering Company

Stanley Works

True Group

Work highlights

  • Represent Zurich Insurance Group and Thai Sri Insurance, the insurers of LF Logistics, in a matter involving a fire at a warehouse in Samut Praken Thailand.
  • Advising Navigators Syndicate 1221 in a matter involving a lawsuit filed by the Electricity Generating Authority of Thailand against an insurer who denied EGAT’s claims.
  • Representing a client in an ongoing dispute over the sale and purchase of food ingredient production facilities in Thailand.

Chandler MHM Limited

Chandler MHM Limited's dispute resolution practice has experience in a number of Thai courts including the specialised labour, taxation and administrative courts. Practice head Chatchai Inthasuwan has decades of experience in corporate, insurance and construction-related disputes, and counsel Nathee Silacharoen, who joined the practice from DLA Piper (Thailand) Limited in 2019, has litigation experience in the insurance, hospitality and property sectors. Associate Jirayu Sanguankaew focuses on civil disputes in the hospitality sector, and is also recommended.

Practice head(s):

Chatchai Inthasuwan

Other key lawyers:

Nathee Silacharoen

Kennedys

Kennedys' newly established Bangkok office has strengthened the firm's dispute resolution capabilities throughout Southeast Asia. Practice head Suraphon Rittipongchusit has particular expertise in insurance and construction disputes, and also has experience in various commercial disputes in the retail, property and hotel sectors. Another key contact in the practice group is Ian Johnston, who specialises in insurance disputes and arbitration work in the Thai Arbitration Institute.

Practice head(s):

Suraphon Rittipongchusit; Ian Johnston

Testimonials

‘Kennedys’ team members have very good knowledge in international and local laws particularly in regards to disputes, claims and counter claims.’

‘The team have a positive attitude and always give a good advice.’

‘Ian Johnston put his effort into looking at all the necessary details and prepare a strong statement of defence and counterclaim.’

Key clients

Minor International

Jones Lang Lasalle

Ocean Brands

Work highlights

  • Representing Asian Hotel and Hospitality Company in Thai Arbitration Institute proceedings with a contractor.
  • Instructed by a Japanese law firm to present its client in an appeal to the Supreme Court in relation to a marine dispute.
  • Representing insurers in a claim worth $15m relating to damage to gas turbines in Qatar.
  • Representing an airline in a wrongful act claim where the client’s passenger bus collided with another airline’s plane.
  • Representing Kulatida Ekpoom in a dispute regarding distribution of a substantial estate among heirs.

Kudun & Partners

Kudun & Partners is instructed by domestic Thai and international companies in the public and private sectors, with particular expertise in disputes in the energy and TMT industries. Practice co-head Somboon Sangrungjang acts for corporate clients in administrative and commercial litigation, including consumer protection claims and insurance-related disputes. Senior litigation partner Pariyapol Kamolsilp, who also co-heads the team, has particular experience representing creditors in rehabilitation cases involving publicly listed companies. Also recommended is Niruch Winiyakul, who has experience in union disputes and international trade.

Practice head(s):

Pariyapol Kamolsilp; Somboon Sangrungjang

Key clients

Volvo Group

Asia Wealth Securities

AIS

DCM Solution

Chan Wanich Co

Oriental Residence Bangkok

Natipatana Law Office

Natipatana Law Office has an established dispute resolution practice which is experienced in cross-border matters throughout the region. Managing partner Nuttawut Chinawong has expertise in labour, administrative and corporate disputes, and Nattaphol Chinawong has 'decades of experience' in commercial and civil disputes. Also recommended is Craig R. Arndt, who has handled litigation and arbitration for public and private sector clients, and recently acted for The Embassy of the Islamic Republic of Pakistan in an extradition case.

Practice head(s):

Nuttawut Chinawong; Nattaphol Chinawong; Craig R. Arndt

Testimonials

‘They have a very good level of expertise in both domestic and international law. They are very responsive to clients and have decades of experience in constitutional law.’

‘A world class practice.’

‘Nattaphol has decades of experience in litigation and has never lost a case for us whether against a government ruling or corporation.’

‘Nattaphol knows international law well and can help in cross border related issues.’

Key clients

The British Embassy Bangkok

Kasikorn Bank

KONE

Raffles Assets Thailand

Sharp Thai

Eastern Water Resources Development and Management

United Offshore Aviation

Work highlights

  • Instructed by Kasikorn Thai Bank to defend all members of the Board of Directors and executives in a litigation filed by Zenmao Technology for alleged breach of certain banking regulation.
  • Acting on behalf of Nuttapon Senasakul in an inheritance litigation over the estate of the late Mr Michael Botello.
  • Acting for Aqua corporation in a suit against BEC World regarding alleged defamation.
  • Instructed by Sharp Thailand to advise them on various corporate and employment matters.
  • Advised British Embassy on their standard forms to assist British nationals in Thailand dealing with the local authority and unforeseen events.