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

  • A Condominium Juristic Person (on behalf of the co-owners) in a dispute with the condominium’s developer. The issues in dispute are whether the trademark licensing agreement is enforceable and whether the client is entitled to continue using the condominium’s name which has been used since the date of the co-owners’ acquisition of the condominium units.
  • A well-known real estate developer company in Thailand which is constructing a high-rise condominium in the metropolitan area of Bangkok. Another party claimed that they are the owner of the public road in front of this project and that our client used the road without any permission or authorization.
  • A Thai state-enterprise in respect to a concession conversion.
  • A Korean company in relation to a breach of shareholders contract.
  • A client in respect to a tort claim against a warehouse and logistics company.
  • Clients in the hospitality business against various claims from their customers.
  • Investors in a large real estate company in a misappropriation of shares matter in both civil and criminal proceedings.
  • An Italian magazine publisher in a claim against its licensees in relation to the breach of relevant licensing agreements.
  • A major brewery company in the successful resolution of a dispute in relation to a distribution agreement.
  • 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.
  • 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.
  • A foreign banking client on Thai laws regarding cross-border transactions and being a Thai personal guarantor, in connection with project financing.
  • 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.
  • 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.
  • A Japanese car manufacturer in relation to an approximately THB 40 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.
  • 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 Customs Department.
  • 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.
  • A foreign petroleum company to settle disputes with the Customs Department in relation to the seizure of vessels containing 3,000 tons of products with value of approximately USD 5.1 million.
  • An international bank in a civil case (wrongful act) in the Bankruptcy Court. The total claim amount was more than USD 3 billion.
  • A Japan-based hand grinder manufacturing company on a civil case and a criminal case concerning shareholders disputes.
  • 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.

Telecoms and IT sector

  • A multinational technology corporation in relation to a claim for fees and damages under IT services agreements with a major Thai hospitality and F&B corporation. The value of the claim under the contractual dispute is over THB 900 million.
  • A multinational technology company in relation to a claim for fees and damages under IT services agreements with a hospitality group.
  • A telecommunications company in respect of a breach of concession contract in a USD 100 million telecommunications litigation.
  • A European IT company in a dispute relating to an IT contract.
  • A leading company that specializes in energy management, automation solutions, spanning hardware, software and services in relation to production liability claims.
  • A leading telecommunications company in an arbitration case related to a telecommunications dispute.
  • A leading ATM manufacturing company in relation to a challenge to the assessment of duty under WTO/WCO regulations.
  • 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 an electronic toll collection system agreement against a Thai system integrator and IT solution company.

Construction sector

  • A Malaysian construction company listed on the Main Board of the Kuala Lumpur Stock Exchange in an arbitration dispute. This dispute involved a breach of a guarantee for a construction agreement.
  • An international construction company in a claim for debts.
  • 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.
  • Clients in relation to damages arising from the construction of the MRT (subway).
  • A hotel owner in claims against a contractor for defective construction.
  • 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.
  • 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

  • Football clubs in the Thai League, in relation to a dispute with the Football Association of Thailand and the Thai League Company Limited, arising from their resolution on criteria for nomination of the clubs to participate in the AFC Champions League 2023/24, which adversely results in deprivation of the pre-existing right of both clubs to participate in the AFC Champions League.
  • A telecommunications company in respect of a breach of a concession contract in a USD 100 million telecommunications arbitration.
  • An expressway company claiming against the Thai government for USD 70 million damages arising from an expressway contract.
  • A European hotel management company in a mediation process against an international law firm.
  • A client in an arbitration case against a contractor for a breach of a hotel interior contract.
  • A foreign mining firm and its Thai subsidiary in respect to an approximately USD 960 million arbitration claim against the Government of Thailand.
  • 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.

 

Enquiries about Dispute Resolution / Litigation, Regulatory

Please contact us by E-mail.

Nathee Silacharoen

Waree Shinsirikul

Dispute Resolution / Litigation, Regulatory:People