Chandler MHM

Practices

Dispute Resolution / Litigation, Regulatory

Dispute Resolution / Litigation, Regulatory

Chandler MHM’s litigation team has significant experience in representing both local and international multinational companies and individuals on various legal and regulatory matters in Thailand, including administrative contract, bankruptcy, commercial, construction, employment, insurance, information technology, telecoms, international trade, intellectual property, tax and customs, and other general civil and criminal matters. Our litigation team has substantial expertise in court proceedings in various Thai courts of justice and the specialized courts, i.e. Administrative Court, Bankruptcy Court, Labor Courts, Intellectual Property and International Trade Court, and Taxation Court. Our litigation team are also experienced in enforcement of foreign arbitral awards, and in the conduct of domestic and international arbitration under the various rules which include Thai Arbitration Institute (“TAI”) Rules, Thailand Arbitration Center (“THAC”) Rules, Rules of the Office of the Arbitration Tribunal of the Board of Trade of Thailand, International Chamber of Commerce (“ICC”) Rules, Singapore International Arbitration Centre (“SIAC”) Rules and UNCITRAL Arbitration Rules.

Some representative cases follow:

Litigation

  • Acting for a Thai state-enterprise in respect to a concession conversion.
  • Advising and acting for a Korean company in relation to a breach of shareholders contract.
  • Advising and representing a client in respect to a tort claim against a warehouse and logistics company.
  • Representing clients in the hospitality business against various claims from their customers.
  • Acting as counsel for investors in a large real estate company in a misappropriation of shares matter in both civil and criminal proceedings.
  • Represented an Italian magazine publisher in a claim against its licensees in relation to the breach of relevant licensing agreements.
  • Represented a major brewery company in the successful resolution of a dispute in relation to a distribution agreement.
  • Represented an international property fund manager company in relation to property in which it had invested, against claims made by the buyer of a series of luxurious penthouses relating to alleged delay in renovation and associated damages arising as a result.
  • Represented a foreign tobacco company in Administrative Court proceedings relating to the submission of a request to the Court for revocation of a Notification of the Ministry of Public Health in connection with pictorial health warnings on cigarette packs and related work. Also represented the client in its negotiations with the Thailand Tobacco Monopoly, regarding a joint venture agreement (Tobacco Processing Agreement), and advised on Thai laws and regulations related to tobacco consumption control.
  • Represented a foreign banking client on Thai laws regarding cross-border transactions and being a Thai personal guarantor, in connection with project financing.
  • Represented Thai and foreign clients in the registration of ownership, registration of mortgages, release of mortgages, lease and transfer of rights over assets, such as real estate and machinery.
  • Represented Thai and foreign clients in relation to potential disputes regarding contractual obligations under sale and purchase agreements, and hire agreements, as well as in relation to the review and revision of various agreements, such as lease agreements, and sale and purchase agreements.
  • Representing and acting for a Japanese car manufacturer in relation to an approximately THB40 Million civil claim arising from the termination of a dealership agreement and unfair trade conduct (under trade completion laws) brought against the manufacturer by its former authorized dealer
  • Advising a Japanese company in relation to claims of approximately USD 6.4 Million for outstanding payment for duties and taxes brought against the company by the Revenue Department and the Custom Department.
  • Advising a multinational photography and imaging company in relation to claims of approximately USD 4.6 Million for outstanding payment for custom duties brought against the company by the Customs Department.
  • Advising and acting for a foreign petroleum company to settle disputes with the Custom Department in relation to the seizure of vessels containing 3,000 tons of products with value of approximately USD 5.1 Million.
  • Represented an international bank in a civil case (wrongful act) in the Bankruptcy Court. The total claim amount was more than USD 3 billion.
  • Represented a Japan-based hand grinder manufacturing company on a civil case and a criminal case concerning shareholders disputes.
  • Represented Thai and foreign clients in registration of ownership, mortgage, release of mortgage, lease and transfer of rights regarding assets, such as real estate and machinery.

Insurance sector

  • Advising and acting for major insurers and re-insurers in relation to insurance claims.
  • Advising a major insurance company in relation to a marine insurance dispute held in both Thailand and the United Kingdom.
  • Advising and representing major insurance companies in respect to claims under various types of insurance products, e.g. industrial all risks policies, construction all risks policies, third party liability policies, professional liability policies, director and officer policies, marine insurance policies and product liability policies etc. - various claims were made by the insured after the unrest in Bangkok in 2010 and the flooding in 2011.
  • Advising and representing a life insurance company in relation to an insurance claim under a life insurance policy.
  • Represented a number of leading insurers in relation to property damage arising from unrest in Bangkok in May 2010 with specific reference to Central World and various other buildings in Bangkok. Successfully represented insurers in defending a USD 120 million claim.
  • Representing and acting for an international insurer in litigation claims of approximately USD 1.6 million against its senior management and its financial staff in relation to alleged systematic fraud.
  • Acting for a major foreign manufacturing company claiming damages under an advance loss of profit insurance policy.

Telecoms and IT sector

  • USD 100 million Telecommunications litigation: acting for a telecommunications company in respect of a breach of concession contract.
  • Advising and acting for a European IT company in a dispute relating to an IT contract.
  • Advising and representing a leading company that specializes in energy management, automation solutions, spanning hardware, software and services in relation to production liability claims.
  • Advising a foreign client suffering damage due to a computer crime.
  • Representing a leading telecommunications company in an arbitration case related to a telecommunications dispute.
  • Acting as counsel for a leading ATM manufacture company in relation to a challenge to the assessment of duty under WTO/WCO regulations.
  • Representing and acting for an international manufacturer of road telematics devices in respect to a civil claim of more than EUR 1,000,000 arising from a sale and purchase of electronic toll collection system agreement against a Thai system integrator and IT solution company.

Construction sector

  • Acting for an international construction company in a claim for debts.
  • Advising and representing a leading international airport construction company defending a claim made by a Thai authority in relation to damage to the runway, taxi way and apron at Suvarnabhumi Airport.
  • Advising and representing clients in relation to damages arising from the construction of the MRT (subway).
  • Acting as counsel for a hotel owner in claims against a contractor for defective construction.
  • Represented a leading global supermarket in its appeal against a judgment of the Administrative Court in relation to the interpretation of the Building Control Act and related regulations.
  • Represented a contractor against the owner of a condominium in a case arising out of a construction contract; included arbitration under the Thai Arbitration Rules.

Arbitration and mediation

  • USD 100 million Telecommunications arbitration: acting for a telecommunications company in respect of a breach of a concession contract.
  • USD 70 million expressway arbitration: acting for an expressway company claiming against the Thai government for damages arising from an expressway contract.
  • Representing a European hotel management company in a mediation process against an international law firm.
  • Advising and representing a client in an arbitration case against a contractor for a breach of a hotel interior contract.
  • Advising and acting as Thai counsel for a foreign mining firm and its Thai subsidiary in respect to an approximately USD 960 million arbitration claim against Government of Thailand.
  • Represented a Thai company in respect to a claim by a Korean company arising from the sale and purchase of propylene; included arbitration under the Thai Arbitration Rules.

Rehabilitation and bankruptcy

  • USD 3,400 million Rehabilitation Case: acting for a state enterprise applying for repayment of debt owed by a Thai telecommunications company.
  • Advising and representing clients in a debt repayment claim under the rehabilitation process.
  • Represented the former executives of a major Thai petrochemical company in a series of litigation cases against the plan administrator.
  • Representing and acting for a foreign bank, the plan administrator, in litigation proceedings in relation to a claim of approximately US 6,700 Million arising from the debt restructuring of a Thai major plastic manufacturer under business reorganization.
  • Represented creditors in filing petitions for bankruptcy against debtors; creditors in filing applications for repayment of debt held by businesses under business rehabilitation; and debtors in filing petitions for business rehabilitation.
  • Represented a Thai state enterprise in a rehabilitation case involving a telecommunications company in respect to which the total claim amount was more than USD 300 million.
  • Represented a Thai real estate development company on its debt restructuring of more than USD 500,000 on a business rehabilitation case.
  • Advising and acting for a European company in bankruptcy and liquidation proceedings

Enquiries about Dispute Resolution / Litigation, Regulatory

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Chatchai Inthasuwan

Dispute Resolution / Litigation, Regulatory:People