Thailand

Review

Dispute resolution
Blumenthal Richter & Sumet

Independent firm Blumenthal Richter & Sumet continues to grow its broad-ranging dispute resolution offering under the leadership of Anuwat Ngamprasertkul. The team further bolstered its ranks last year with the hiring of a senior associate from PWC Legal & Tax Consultants. The disputes team has been busy, handling contentious matters relating to business rehabilitations, hostile takeovers, white-collar crime and disputes in the commercial, shareholder, real estate, employment and tax realms, among others. The firm works with a balanced mix of domestic conglomerates and foreign multinationals.

Head of the litigation and dispute resolution Ngamprasertkul is the main contact.

The team is acting for a group of foreign creditors in objecting to the business rehabilitation case of a large real estate company. Also on the restructuring and insolvency front, the team is representing a Thai automobile manufacturer on a potential dispute with its dealerships in relation to outstanding debt. A director of a domestic hospitality company has enlisted Ngamprasertkul and his team for a criminal case. The team is working with a Singporean investment company in a commercial dispute with a Phuket-based real estate developer where the client is alleging its investment and assets were siphoned off.

Client feedback

“The firm delivers authentic service, high efficiency, positive attitude and concrete knowledge.” – Commercial and transactions

Anuwat Ngamprasertkul

“We appreciate his positive attitude, knowledge, efficiency, quick turnaround time and professionalism.”

Chandler MHM

Chandlher MHM made a significant investment to ramp up its disputes capabilities last year with the hiring of Waree Shinsirikul, an experienced litigator who joined from her own firm. With a proven leader on board, the firm also welcomed six disputes focused senior associates to round out the ranks. The new team has proven its worth with a consistent and growing stable of work and clients.  The group represents local and international clients, and covers a spectrum of disputes such as regulatory, insolvency, construction, insurance, employment, intellectual property, civil and tax and customs.

The key contacts are dispute resolution head Waree Shinsirikul and partner Nathee Silacharoen.

In a high value case with $1 billion at stake, the team is representing Total E&P Thailand in a concession contract dispute. It is working with Hitachi Chemical Storage Battery Thailand PCL in relation to the dismissal of employment and alleged breach of a share acquisition agreement brought against the client by its former major shareholders and founders of the group company. The team is acting for IBM Thailand in its dispute with Minor Group over fees and damages under IT services agreements. On the white-collar crime front, the team is representing Japan-based Hymold in a workplace fraud matter valued at nearly $3 million.

Notable clients of the group include Ansell Thailand, CAT Telecom, Muhibbah Engineering, National Oilwell Varco and Sony Thai.  

 

Herbert Smith Freehills

As one of the leading names in disputes globally, Herbert Smith Freehills in Thailand wins accolades from peers for its longstanding experience and stellar clientele. The practice focuses on commercial disputes and international arbitration in a myriad of industry sectors, including banking, mining, energy and construction, and technology, media and telecommunications. The team has seen an uptick in class action mandates over the past year. The team remains particularly active in supporting Japanese clients on disputes arising out of their inbound investments, operations and joint ventures in Thailand.

The disputes leaders are managing partner Chinnawat Thongpakdee and partner Warathorn Wongsawangsiri. Both focus on general dispute resolution and international arbitration.

Recently, the team defended Golden Land Property Development in consumer protection class action proceedings; and similarly defended JTrust in security class action proceedings. It represented a global investment bank in a debt repayment litigation and served as counsel to a Singaporean commodities group for its International Chamber of Commerce (ICC) Singapore-based arbitration over a joint venture investment dispute in Myanmar.  

The firm counts BNP Paribas, China Railway Construction, ExxonMobil, Jones Lang LaSalle, Thaicom, and Total Access Communication among its key clients.

Client feedback

“The lawyers’ strategy as well as practice in the court procedure were excellent.” – Commercial and transactions

Chinnawat Thongpakdee

“He is always a great and reliable lawyer.”

 

ILAWASIA

Ilawasia was established in 2011 and features a dispute resolution group headed by managing partner Somphob Rodboon. The firm offers comprehensive litigation coverage, particularly in commercial, civil, intellectual property, international trade, labour and employment, and insolvency matters. The team is increasing its position in high-value real estate and construction disputes. The firm recently expanded into Lao PDR and has an affiliate operation in Myanmar.

The main contact for disputes work is Rodboon.

The firm argued for a domestic insurance company in a breach of reinsurance policy case. A construction company has instructed Rodboon and his team to assist in its criminal defence against computer-related offences. On the international arbitration front, the firm is helping an American food company enforce its award under rules of the ICC.

Client feedback

“The law firm is dedicated, careful and spends ample time on a case.” – Commercial and transactions

Kanyamol Phupapeiw

“He is quick to respond, dedicated and careful with his work.”

Kudun and Partners

Kudun and Partners’ well-rounded disputes offering comprises no less than 15 seasoned litigators who have acted before all levels of court, as well as in national and international arbitrations. Peers have noted the firm’s increasing visibility on high-stakes, large disputes. Clients range from domestic industry giants to overseas-based multinationals. It is experienced in complex commercial litigations and white-collar crime matters; and regularly handles litigations and arbitrations related to construction and employment. Following global trends, the firm was busy last year handling a range of disputes related to business restructurings, rehabilitations and employment. The firm is representing the largest creditor groups and the creditors’ committee in Thai Airways’ historic rehabilitation.

The three key partners in the dispute resolution practice are co-heads Somboon Sangrungjang and Pariyapol Kamolsilp, and Niruch Winiyakul.

The team successfully defended a leading telecommunications provider and its subsidiary in a massive class action case concerning over 41 million customers of the client. The matter centres on a telecoms committee regulator reversing a previous resolution relaxing billing rules. In another high-profile win, the firm defended Advanced Info Service and its subsidiary in an arbitration proceeding connected with a telecom equipment dispute with CAT Telecom.

The firm welcomed the arrival of senior counsel Virapon Panabut in October 2021. Panabut was most recently Thailand’s deputy attorney general and a specialist in the constitutional court.

Key clients include Asia Wealth Securities, B Grimm Power, Big Camera, Digital Phone Company, LG Electronics, Mimo Tech, RHB Securities and Volvo Group.

Pariyapol Kamolsilp

“He has superior technical knowledge on the law and legal concepts. He is able to identify the Achilles heels of both parties' cases in fashioning an effective settlement strategy.”

 

LawPlus

The litigation practice at LawPlus was established nearly 20 years ago and maintains a strong reputation under the guidance of experienced lawyers. The team tackles an assortment of contentious issues and is best known for its prowess in commercial, criminal and intellectual property disputes. The firm largely services domestic and regional clients.  

Managing Partner Kowit Somwaiya leads the dispute resolution team.

Over the past year the firm represented a group of Japanese companies and a Chinese pharmaceuticals maker on their respective trademark infringement cases. A Korean company turned to the LawPlus team for assistance in an arbitration and a criminal matter. Three heirs of a deceased foreigner instructed the firm on their probate cases and disputes related to the estate of the deceased.

LS Horizon

Regional firm LS Horizon has a respected dispute resolution practice led by four partners. It has a notable commercial and regulatory litigation track record.

Key contacts at the firm are disputes partners Prechaya Ebrahim, Lersak Kancvalskul, Wanchai Yiamsamatha and Thanaluck Sunananta.

In a high-profile antitrust matter, the firm is representing Central Pattana Public Company and its employee as plaintiffs in a case against the Trade Competition Commission over an administrative penalty. The outcome of this case will set a precedent for trade competition practice.

The team is defending the Stock Exchange of Thailand in relation to an injunction motion regarding the bourse’s delisting order filed by International Engineering Public Company.

 

Rajah & Tann Asia

The sizable dispute resolution team at Rajah & Tann Thailand has the bench strength to handle important litigation. The firm boasts an experienced team of lawyers that cover the full spectrum of contentious Thai law matters, including civil, criminal and administrative litigation, domestic and international arbitration, and government investigations and compliance proceedings. In particular, the team has a strong track record for shareholder disputes, professional negligence issues and restructuring and insolvency proceedings. Its employment and tax, trade and customs disputes groups have also been busy in the past year.  

Six experienced partners cover the full scope of disputes work across a range of practice areas and sectors. Led by senior partner Surasak Vajasit, the other key individuals are Supawat Srirungruang, Pakpoom Suntornvipat, Ittichai Prasongprasit, Chotiwit Ngamsuwan and Krida Phoonwathu. For trade and customs matters, deputy managing partner Melisa Uremovic is highly regarded.

The firm is representing Glow SPP11 Company in a dispute regarding the qualification of the small power producer to produce and sell electricity to the Electricity Generating Authority of Thailand

SCL Nishimura & Asahi

SCL Nishimura & Asahi was formed through an alliance between Japanese firm Nishimura & Asahi and local outfit, SCL Group. The integration was completed formally in mid-2021, blending their strength of local law expertise with a broadened client scope. The dispute resolution group has no less than seven dedicated litigation and arbitration lawyers, led by two partners. Its offering covers the full spectrum of disputes management and representation, from general commercial and labour disputes to international arbitration and tax dispute resolution. The firm has a respected contentious intellectual property practice. 

Key figures for the firm’s dispute resolution practice are managing partner Chavalit Uttasart and partner Vira Kammee.

The firm was instrumental for Nok Airlines Public in its rehabilitation trial proceedings. In another case, the team acted for BSL Leasing in recouping an outstanding payment from a local manufacturer of tinned fruits and vegetables. On the contentious tax front, the firm has appealed to the Supreme Court on behalf of Suntory International in relation to an alleged unlawful withholding tax assessment.

In a novel case, Uttasart and his team are representing trust clients in a civil dispute relating to tort claims that arose out of several disputes. The cause of action for the alleged tort is based on the submissions in several lawsuits against the listed company. The ruling in this case will establish a precedent as to whether or not a listed company can make a claim against an investor for its actions and to what extent damages can be claimed. The firm was additionally instructed by the same clients for a class action lawsuit related to their investments in a listed company.

Tilleke & Gibbins

Regional powerhouse Tilleke & Gibbins continues to dominate the tables in the dispute resolution area. From its commercial litigation strength to its prowess in contentious intellectual property, peers and clients confirm the firm deserves its top-tier status. It boasts over 30 attorneys in the Bangkok office that specialise in litigation and alternative dispute resolution. In addition to Thai matters, the Bangkok team regularly advises on litigation throughout the region in collaboration with litigators based in the firm’s offices in Cambodia, Laos, Myanmar and Vietnam. The team is notable in the areas of arbitration, aviation, employment, energy, insurance, intellectual property, product liability, and trade and customs. Last year the firm participated in the first-ever virtual hearing to be conducted at the Thai Intellectual Property and International Trade Court.

Seven partners and two counsels lead the sizable dispute resolution practice. The main contacts are the co-managing partner and dispute resolution director, Tiziana Sucharitkul, and partner and deputy director of dispute resolution John Frangos. Other key partners for disputes are Chusert Supasitthumrong, Kasamesent Teerasitsathaporn, Nandana Indananda, Suebsiri Taweepon and Thawat Damsa-ard.

The team represented Lonsin Capital in a high-value cross-border litigation over bond dividends. The judgement was issued in the client’s favour and the opposing parties, the plaintiffs, have appealed. Frangos and his team acted for Carlyle Aviation in claiming damages from a breach of an agreement to purchase an aircraft. The team is also working with a global logistics company in disputes related to a barge sinking and a separate land transportation dispute.

The firm is playing a key role in representing numerous creditors in the Thai Airways rehabilitation case, the largest in Thai history.

Bureau Veritas, Insultec International and Stryker Corporation are among the clients the firm worked with in the past year. The firm’s disputes client roster includes many global corporations and industry leaders.

Client feedback

“We appreciate the team’s attention to detail, responsiveness, knowledge and reputation in the difficult Thai legal market.” – White-collar crime

Thawat Damsa-ard

“He is one of the most senior litigators in Thailand, a real strong presence in any case.”

 

Weerawong C&P

Weerawong C&P’s litigation and arbitration practice complements its market-leading transactional offerings. The firm maintains its first-tier status for commercial and corporate disputes, and contentious government and regulatory, and employment matters. Its bench of seasoned litigators provides a comprehensive range of dispute resolution services before all court levels and global arbitration forums. The firm acts for clients across all industry sectors in both domestic and cross-border matters. The firm recently established a new international trade and customs practice.

Senior counsel Phisit Dejchaiyasak leads the firm’s dispute resolution practice group, which includes partners Sakchai Limsiripothong, Rapinnart Prongsiriwattana, Pathorn Towongchuen and Natthida Pranutnorapal. Trade and customs specialist Apisith John Sutham joined as a counsel last year from his own firm.

The firm is representing a state-owned oil and gas company in connection with a fatal explosion that occurred on one of its gas transmission lines in 2020. For the same client, the team has been instructed to guide its role as a creditor in a project-related contractor’s insolvency. In a white-collar crime matter, the firm is acting for a fund manager in a series of large-scale and complex disputes it has with the former owner of the Phuket golf resort, Blue Canyon Country Club.

Counsel Apisith John Sutham joined the firm at the beginning of 2021, bringing his decades-long experience in contentious international trade and customs matters to the team.