Dispute Resolution in Thailand

Dispute Resolution is the process by which a dispute is settled outside of classical judicial systems, such as Thailand’s courts. This can be done through a variety of mechanisms, including arbitration and mediation.

Out-of-court arbitration in Thailand is regulated by the Arbitration Act, and rules of the main arbitral institutions in the country – TAI and THAC. In general, successful parties can recover interest and legal costs without significant restrictions.

Chandler MHM has a well-regarded litigation and arbitration team in Bangkok

Chandler MHM has a strong litigation and arbitration team in Bangkok, with its lawyers adept at handling a wide range of contentious matters. The firm has experience with local, domestic and international court proceedings, and also advises on arbitration, labour, construction, insurance, energy, intellectual property, commercial, tax and customs issues. Its lawyers have expertise in all major industry sectors and regularly collaborate with colleagues from other offices in the region to handle complex cases.

The firm’s senior partners include Waree Shinsirikul and Nathee Silacharoen, who are tasked with leading the practice. The group’s clients include regional and multinational companies across a variety of industries. The firm’s lawyers are well versed in defending their clients against claims from competitors and customers.

A sizeable disputes offering is one of the keys to Rajah & Tann Thailand’s popularity. The team is led by dispute resolution head Anuwat Ngamprasertkul and is active in a broad spectrum of contentious matters. Recent work includes representing a group of foreign creditors in challenging the business rehabilitation case of a domestic real estate company, and advising a large Japanese printed wiring board manufacturer on criminal and civil litigation against a former employee over the theft of proprietary information. The team also has extensive experience advising on data protection exercises.

The firm’s lawyers have experience in a variety of disputes

The firm’s dispute resolution expertise spans many key sectors. For example, issues such as labor disputes in the banking, finance and IT industries can involve complex foreign employment laws and local cultural considerations. The complexities often increase when the parties are multinational corporations, resulting in even more intricate disputes that call for expert handling.

Dispute resolution outside of the classical court system, such as mediation and arbitration, is highly encouraged in Thailand. Under the Civil Procedure Code, prospective litigants are able to choose and designate their own mediator or make use of the services provided by the Thai Mediation Center. A new development is the introduction of a court-supervised mediation procedure that can be undertaken prior to filing a lawsuit, and which does not require a waiting period based on the court’s trial docket.

Watson Farley & Williams’s Thailand-based lawyers are experienced in settling disputes through arbitration and litigation. They regularly act on matters involving complex commercial and trade transactions. Practice head Steven Burkill and co-practice heads Kay Kian Tan, Ratthakarn Boonnua and Tossaporn Sumpiputtanadacha are all well versed in litigation and arbitration involving the oil and gas, power and infrastructure, transport and insurance sectors. The team also handles multi-jurisdictional disputes involving claims for damages and other remedies.

Chandler MHM’s lawyers are based in Bangkok

Chandler MHM Limited has been an independent legal service provider in Thailand since 1974. It is one of the few local firms with qualified Thai, US and Japanese lawyers. Its understanding of Thailand’s business and legal environment is complemented by its comprehensive regional experience in Asia. Its team of more than 100 lawyers in Thailand, including 19 partners, combines extensive local knowledge with international expertise and presence, allowing the firm to meet client expectations.

The firm’s litigation practice specializes in commercial and international disputes, arbitration and intellectual property law. It also handles corporate and M&A matters, as well as banking and project financing. Its insurance group is skilled in advising on a wide range of insurance issues. The firm’s energy and natural resources group is experienced in acting for project owners, sponsors and lenders on various projects in Thailand and in Southeast Asia.

Nathee Yongthong is a partner in the firm’s dispute resolution department. He has extensive experience in arbitration, litigation and regulatory matters. His clients include private companies and government agencies. He is fluent in English and Thai. Prior to joining CMHM, he was a partner at Clifford Chance. He is a member of the International Chamber of Commerce (ICC) Arbitration and Mediation Committees in Thailand.

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