Asialaw Profiles
The Guide to the legal markets of the Asia-Pacific

The largest out of all of the international firms in Thailand, Baker & McKenzie is known for its contentious disputes team that has the manpower and experience to handle any issue for clients. “Bakers has a large presence in Thailand,” says on peer, “and it really is as strong on the Thai law side as it is on international law. It is often the first stop for international and domestic clients looking for representation on Thai disputes.”

Chirachai Okanurak and Wynn Pakdeejit are leading partners in the disputes practice. This past year, the team advised on securing a modification of an administrative court injunction for Dow Chemical that had been issued subsequent to an NGO’s claim.

Herbert Smith is enjoys a stellar reputation in Thailand. While the firm has scaled back some of the practices in its Bangkok office, star partner Alastair Henderson continues to base his regional arbitration practice from the Thai capital. Henderson is known as a leading light in Asia when it comes to arbitrations in Singapore, representing multinational companies and other high profile clients. The firm’s Bangkok office also retains some capability on Thai litigation.

From its roots defending major clients against intellectual property infringement, Tilleke & Gibbins has grown a large and competitive dispute resolution practice. The firm is able to handle trial work and also represent clients in arbitrations and alternative means of dispute resolution of all levels. The general disputes team staffs 22 lawyers, while the specialised intellectual property disputes team has six additional specialists. Co-managing partner and director of the dispute resolution department Tiziana Sucharitkul leads the practice along with partner and chief litigator Thawat Damsa-ard and partner John Ellis King.

The firm continues to advise several multinational corporations on high profile criminal customs disputes that involve the assessment and calculation of customs duties and penalties worth over US$1 billion.

Known for its regional arbitration work, Watson Farley & Williams has particular expertise on shipping and maritime disputes. Leading disputes and arbitration partner and office head Steven Burkhill has particular prowess when it comes to litigation relating to power, oil and gas, and large-scale project disputes. Burkhill also has experience serving as an arbitrator with the ICC, SIAC and TAI.

One client describes the dispute resolution, saying: “It has been able to provide innovative and creative solutions to my company’s needs in every area. The firm has a wide set of skills and draws upon a vast pool of experience both in Asia and globally.”

The firm is advising Soonthorn Metal Industries in a major international arbitration under Uncitral Rules in Thailand against a major European food supplier. The dispute is valued at US$600 million.

Allen & Overy has a niche but expert dispute resolution practice focusing on highly complex financial matters. Partner Dumnern Subpaisarn brings experience in litigation and corporate law to the team, and is well regarded when it comes to bankruptcy and administrative court work in Thailand. One clients says it rates A&O’s disputes team highly and “use it for legal advice including but not limit to general legal advice on various laws, drafting and reviewing agreements, and opinion on litigation cases”. Another client says: “The partners are very professional. They are approachable and committed.”

Allen & Overy’s disputes clients include Alphatec Electronics, Nakornthai Strip Mill, PricewaterhouseCoopers Group and Standard Chartered Bank.

DLA Piper’s Bangkok dispute resolution group represents domestic and regional clients in court proceedings, restructurings and on various contentious matters.

The disputes team is representing the Kingdom of Thailand on a dispute over tollway fees filed by German company Walter Bau AG – which is undergoing US liquidation proceedings – at the US District Court Southern District of New York.

The firm’s dispute partners also continue to advise Thai, UK and Singaporean insurers and reinsurers in connection with property damage that arose from the 2010 Red Shirt protest. The clients in that matter include Chartis, ACE, Allianz C.P., AXA, IAG, QBE and Generali, and the claims apply to the CentralWorld, Center One and Stock Exchange of Thailand buildings among others.

Leading partners in the practice include Peter Shelford, Chatchai Inthasuwan and Suraphon Rittipongchusit.

The fairly recent arrival of partner Lersak Kancvalskul has significantly bolstered LS Horizon’s disputes practice. Lersak Kancvalskul was formerly head of litigation and dispute resolution at Clifford Chance, and brings two decades of experience in this area to the LS Horizon team. One partner at a rival firm says that with the arrival of Kancvalskul, the firm’s disputes practice has “made great strides”.

LS Horizon is known for its capacity to advise international companies and domestic Thai clients on matters concerning all types of administration and business concerns. The team continues to advise clients on administrative cases in the securities, education, energy, telecommunications and chemical sectors. LS Horizon’s disputes lawyers are able to represent clients on arbitrations, all types of disputes and regulatory investigations.

Practice leader Andreas Respondek has experience in both litigation and arbitration, and has served on arbitration panels in Singapore (SIAC) and Kuala Lumpur (KLRCA). The growing practice has worked on a number of major disputes this year including advising all 18 affiliates of Symrise AG on their day-to-day legal needs across the Asia Pacific region. Symrise was recently sued in Jakarta for US$12 million by an Indonesian company, and Respondek’s team countersued the Indonesian party MSM in the SIAC in order to secure a fairer hearing.

DFDL Mekong’s disputes team, led by partner Bundit Atthakor, is a growing presence in the Thai legal market. The firm is known for its arbitration, litigation and rehabilitation work. In 2010, it advised on a litigation case over a director’s breach of fiduciary duties when establishing a competitive business against the company.

The dispute resolution team at ILCT is primarily focused on domestic litigation cases. Experienced partner Surapan Thimkrajang leads the practice, which recently advised on a case involving a claim by a noteholder with regards to SFS 400 million notes and US$150 million notes issued by Bangkok Land.