Based on votes from in-house counsel and private practitioners and combined with editorial input from the magazines staff, Asia IP leverages its market insight and extensive network to identify preeminent IP practices in Asia. According to a number of Supreme Court precedents, if the debt (e.g., rent, fine or penalty) can be calculated as referred to in the agreement, the debt is determinable. Thailand Litigation, Mediation & Arbitration Arbitration & Dispute Resolution Civil Law Court Procedure. In order to know whether the latter requirement is met, the debt must be determinablethat is, known and monetarily quantifiable. The court of first instance and the appellate court declined to release the land. 2653/2526 In this case, the defendant made a partial delivery of oil (i.e., not the amount fully expected) to the plaintiff, who claimed that the defendant owed them a fine of almost THB 14.9 million, calculated in accordance with the sale-and-purchase agreement for the oil. Litigation is usually the last resort in resolving disputes. Won a domain name dispute case at the Ho Chi Minh City Court for a German auto manufacturer. Stryker Corporation, American Express and Insultec International are clients of Tilleke & Gibbins. Court Judgments The first-instance court determined that the defendant had indeed infringed the IP rights of the plaintiff. USD 134). In addition to claiming compensation for damages, the plaintiff also demanded that the defendant make a public apology and pay an additional VND 300 million (USD 13,150) to cover the plaintiffs legal fees. Tilleke & Gibbins. Represented a client in a criminal matter regarding forgery. With little hope of success, the foundation came to our firm. In the past, this was rarely a consideration as cannabis was clearly banned. While it is not an in-depth study, this brief guide covers the main issues concerning civil litigation in Thailand as either a plaintiff or a defendant. Food blogger eats his words after Court orders $300,000 for defamatory posts . 16 November 2022 Tilleke & Gibbins Adds Vietnam Partner Tram Ngoc Bich Nguyen. Noppramarts session covered dispute matters and arbitration proceedings in the virtual world and the metaverse, while Michael used his presentation to address the challenge of corporate crime and anticorruption issues in Thailand, including key considerations to manage fraud investigations. To view this article you need a PDF viewer such as Adobe Reader . Representing a major Thai bank in a multimillion dollar arbitration over delays to the construction of a landmark skyscraper project in Thailand. While some of these concerns may indeed be legitimate, sometimes litigation is the only means for a party to obtain relief. Tilleke & Gibbins fights for the rights and assets that matter mostfrom large monetary sums to crucial business relationships to invaluable intellectual property rights to personal freedom. compliance and investigations, construction and infrastructure, corporate/M&A, dispute resolution and litigation, employment, intellectual property, property . The company behind the software then filed a civil case against the infringer at the Peoples Court of Ho Chi Minh City. Protected the right of a charitable foundation to a newly-constructed center for disabled persons and preserved all of the benefits that flowed from the center to the community and needy persons. Acting for an Indonesian mining services company in the enforcement of an international arbitral award against a Thai counterparty that was obtained in relation to the sale and purchase of coal. In the criminal matter, we worked with the police and the public prosecutor and successfully secured sufficient evidence to support prosecution of the criminal claims. Tilleke & Gibbins is a leading Southeast Asian regional law firm with more than 180 lawyers and consultants practising in Bangkok, Hanoi, Ho Chi Minh City, Jakarta, Phnom Penh, Vientiane, and Yangon. On August 5, 2020, two lawyers from Tilleke & Gibbins intellectual property department will appear in an online panel discussionon intellectual property dispute resolution, organized by the Thailand Arbitration Center (THAC).Dr. In the criminal matter, we worked with the police and the public prosecutor and successfully secured sufficient evidence to support prosecution of the criminal claims. Civil Litigation in Thailand aims to introduce some of the fundamentals of Thai civil court procedures and practices. From high-value commercial litigation to complex intellectual property rights management, we secure results for our clients before trial . 2535 (1992) is one of the most important laws regulating manufacturing businesses in Thailand. Assisted an Indian IT company in successfully negotiating a settlement with a Vietnamese bank in a USD 10 million contract dispute related to the clients provision of licensed banking software and related support services. Protected the right of a charitable foundation to a newly-constructed center for disabled persons and preserved all of the benefits that flowed from the center to the community and needy persons. We convinced the Supreme Court that the land should be released because the foundation had a preferential right. The firm is also ranked in all available categories in Cambodia, Laos, and Myanmar. Operating with noise level exceeding the standard set by the Ministry of Industry: a fine of up to THB 200,000. The employer has the management right to do this, particularly as an employees use of cannabis may very well disturb other employees. On October 20, 2010, Asia IP awarded Tilleke & Gibbins the distinctions of Trademark Firm of the Year for Thailand and Patent Firm of the Year for Thailand. This was the most severe punishment ever dealt out by a Vietnamese court to a cyber-squatter. Tiziana has now been named to the list for the third consecutive yearevery year the list has existedand she is the only lawyer from Thailand to be named to the list. A Ho Chi Minh City-based company that provides educational equipment was discovered by the Inspectorate of the Ministry of Culture, Sports and Tourism to be using, without authorization, a specialized computer program from a company based in the United States. This was the most severe punishment ever dealt out by a Vietnamese court to a cyber-squatter. While it is not an in-depth study, this brief guide covers the main issues concerning civil litigation in Thailand as either a plaintiff or a defendant. The employer has the management right to do this, particularly as an employees use of cannabis may very well disturb other employees. Assisted an Indian IT company in successfully negotiating a settlement with a Vietnamese bank in a USD 10 million contract dispute related to the clients provision of licensed banking software and related support services. The honors that went to Tilleke & Gibbins cover two practice categories and one country category: Medical and Healthcare Law Firm of the Year Regional Intellectual Property Law Firm of the Year Thailand Law Firm of the Year The wins in the Medical & Healthcare and Thailand Law Firm of the Year categories are first-time victories for Tilleke & Gibbins at the annual ALB SE Asia Law Awards ceremony, while the win in the Regional IP Firm of the Year category marks the second victory for the firm in three years. Tilleke & Gibbins acted for Lonsin Capital in a USD21.4 million dispute brought by the developer Bangkok Land concerning the legality of dividend payments on a bond by the trustee. In Thailand, Tilleke & Gibbins continues to be the only firm ranked in all 18 possible categories. This article highlights important procedural elements of litigation in Thailand. The debt can be under a loan agreement or under a sale-and-purchase agreement. Among the plaintiffs claims, the most important was the amount of compensation for damages: over USD 500,000, equivalent to the value of the full-module computer program that was found to be illegally installed and copied on the defendants computer. Announced at a ceremony in Singapore on May 25, the awards recognize the top legal service providers in Southeast Asia over the past year. This likelihood has led to concern among many employers about how they can prevent or handle these incidents. Notable practitioners Thawat Damsa-ard 's areas of expertise include white-collar crime, administrative, banking, property and employment cases. The foundation purchased a plot of land and constructed a center on the land to benefit disabled persons. Tilleke & Gibbins is a regional law firm in Southeast Asia, with offices in Bangkok, Hanoi, Ho Chi Minh City, Jakarta, Vientiane, Phnom Penh, and Yangon. Case of the Year for Southeast Asia in 2014, Practical Law: Patent Litigation in Vietnam 2022, Trade Dress Case Results in Record Damages in Thailand, Decision Reveals Gaps in Vietnams IP Enforcement Regime, Tilleke & Gibbins Patent Practice Ranked Tier 1 in Thailand, Asia IP Names Tilleke & Gibbins a Tier 1 Trademark Practice, Tilleke & Gibbins Wins Trademark Firm of the Year, Asialaw Profiles Honors the Firms IP Practice. Advised a global automobile manufacturer on a significant customs dispute in Thailand. More specifically, determinable debt is debt (up to the filing date) in an amount that can be calculated, whether the debt is payable immediately or in the future. We are a regional litigation powerhouse. Whatever the problem, our team of dispute resolution practitioners stands ready to protect your interests. Under Thai bankruptcy law, a creditor can file a request for a debtor to be placed under an absolute receivership order and bankruptcy judgment. We were able to appoint the executor of the estate, transfer and liquidate all assets, and satisfy the claims of both local and international creditors to the satisfaction of all parties concerned. In fact, many parties to a dispute try to avoid the litigation process altogether, fearing that involving the Thai courts will lead to . Tilleke & Gibbins was named Thailand Firm of the Year at the Who's Who Legal Awards 2021, marking the sixth consecutive year that Who's Who Legal has recognized Tilleke & Gibbins' Bangkok office as the leading full-service law practice in Thailand. Case of the Year for Southeast Asia in 2014. Winners of these highly regarded awards are determined by an independent panel of judges consisting of at least 25 legal industry leaders. She represents and advises international and local investors in M&A transactions as well as legal matters related to banking and finance, taxation, labor, real estate, and other areas related to their ordinary business operations, across a range of industries including . Benchmark Asia-Pacifics Top 100 Women in Litigation is based on extensive research into the nominees casework, feedback from their clients, and their standing among attorneys at peer legal institutions. Jakkrit Kuanpoth, of counsel, will moderate the webinar panel, and Michelle Ray-Jones, consultant, will participate as one of the panelists. Address Supalai Grand Tower, 26th Floor, 1011 Rama 3 Road, Chongnonsi, Yannawa, Bangkok, Thailand ; Telephone +66.2056.5555; Fax 66.2056.5678; Website www.tilleke.com; Tilleke & Gibbins is a leading Southeast Asian regional law firm with over 190 lawyers and consultants practicing in Cambodia, Indonesia, Laos, Myanmar, Thailand, and Vietnam. The dispute resolution lawyers feedback was sourced mostly from the departments most recent internal training session. We presented our clients position and related facts to various governmental authorities. For the second year running, Tilleke & Gibbins was named Thailand Law Firm of the Year at the Benchmark Litigation Asia-Pacific Dispute Resolution Awards 2019, in recognition of the firm's record of landmark victories on behalf of clients over the past 12 months. After a defense put forth at the prosecutorial review stage, the Public Prosecutor issued non-prosecution orders in favor of our client. Thailand . Our size and experience allow us to handle an active caseload covering the full spectrum of civil and criminal matters, as well as alternative dispute resolution proceedings including arbitration, mediation, and conciliation. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from Thailand . However, the acts criminal liabilities were left unchanged, and they remain a vital tool for the authorities to exert control over relevant standards and prosecute violations. Asialaw Profiles 2023rates top domestic and international firms operating in Asian jurisdictions and headquartered in Asia, looking at firms performance and client service in both legal practices areas and various industries. Assisted a Malaysian company in the oil and gas sector in an arbitration case before the Vietnam International Arbitration Centre (VIAC) in Ho Chi Minh City related to performance of contract in a well plugging and abandonment project. Tilleke & Gibbins attorneys also received 25 individual rankings, with new recognitions for Linh Thai Mai Nguyen for intellectual property in Vietnam and Onunya Chanpen for capital markets in Thailand. The protection and enforcement of trade dress in the form of store layout in particular has been a constant challenge in Thailand, given the lack of explicit laws and precedence. The judge welcomed the input, and looked forward to considering how to apply their suggestions so that the proposed procedural changes can answer various stakeholders needs. However, in Thailand, trade dress does not yet receive explicit recognition under the countrys Trademark Lawunlike in some other jurisdictions whose trademark laws permit the registration of trade dress. We treat our clients as the most valuable members of our litigation teams, partnering you with the most appropriate litigators, specialized practitioners, and international dispute tacticians to give you the best possible support in difficult situations. Lawyers from Tilleke & Gibbins and its associate firm TGVN provided the Vietnam chapter of the Practical Law Patent Litigation Global Guide. With little hope of success, the foundation came to our firm. Examples of common violations of the Factory Act and their potential penalties include: Setting up and operating a factory without acquiring a license: up to two years imprisonment, a fine of up to THB 200,000 (approx. Noppramart Thammateeradaycho and Michael Ramirez, both counsel in Tilleke & Gibbins dispute resolution group in Bangkok, contributed their insights to the event. One client of Tilleke & Gibbins comments: "They are a strong choice for international businesses looking for advice on matters of Thai law or representation in Thai legal proceedings. These orders have since been confirmed and this case is final. For more information and to browse the full list, please visit theBenchmark Litigation website. The transcription is then read for all parties and the witness to confirm the accuracy of the content. She is the only lawyer from Thailand to be named to this years list. 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