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Legal Services
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Dispute Resolution
Weerawong C&P provides
comprehensive dispute resolution services, including pre-litigation, litigation and arbitration. We
advise across all industry sectors on domestic and cross-border disputes. Selected experience
includes:
- Representation of one of Thailand’s leading real estate
developers in arbitration proceedings seated in Hong Kong under HKIAC Administered Arbitration Rules
in relation to claims of over THB 1.4 billion, arising out of various project
agreements.
- Representation of a major petroleum company in connection with an
explosion that occurred on a gas transmission pipeline in October 2020, providing integrated
services in all potential litigation processes, the public investigation, corporate governance
matters, insurance issues, and public relations communications.
- Representation
of a listed subsidiary of an energy group in a dispute in relation to an inventory shortfall valued
at THB 2.1 billion (USD 69 million), advising on the investigation into the cause of the shortfall,
reporting to the Stock Exchange of Thailand and providing comprehensive, integrated services in
order to resolve the issues at every stage of a wide range of in court and out-of-court proceedings,
including media and public relations communications.
- Representation of several
leading real estate development companies in civil claims regarding consumer rights and breach of
sale and purchase agreement.
- Representation and defending several well-known
real estate development companies in civil claims against condominium’s residents regarding defects
in common property and breach of sale and purchase
agreement.
- Representation and providing legal advice to a well-known
real estate development company in potential disputes regarding the Building Control Act and the
sale and purchase agreements.
- Representation and defending a leading real
estate development company in administrative cases against neighbors regarding the Enhancement and
Conservation of National Environmental Quality Act and the Building Control
Act.
- Representation of a mass transit system company in an administrative case
relating to the notification of adjustment of fare
ceiling.
- Representation of a telecommunications company in relation to
the contractual dispute and the subsequent blacklisting
proceedings.
- Representation of a leading Asian satellite operator and provider
of satellite and telecommunication services as the respondent in a THB 7 billion (USD 260 million)
plaint made by the Ministry of Digital Economy and Society (MDES) in arbitral proceedings at
Thailand Arbitration Center in connection with the replacement of a major satellite, as well as the
related arbitral proceedings against the MDES at the Thai Arbitration Institute
(TAI).
- Representation of a leading scientific equipment distribution company
and its executive directors in the successful defense of allegations of criminal offenses pursuant
to the Thai Criminal Code and the Act on Offences Relating to the Submission of Bids to Government
Agencies, which involved a maximum sentence of life imprisonment. The related project was valued at
THB 1.95 billion. (2019-2021)
- Representation of a construction company in
Thailand in arbitration proceedings in connection with disputes with the owner of a cogeneration
power plant project re: claims for outstanding payments, scope of work, and failure to perform other
duties under the turnkey agreement. (2018-2020)
- Representation of a real
estate development company and its subsidiary company in the environmental impact assessment (EIA)
process. 2020
- Representation of Taiyo Holdings Co., Ltd. and its affiliated
companies in both criminal and civil litigation in connection with a dispute with a former director
re false statements and conduct in good faith. (2020)
- Representation of ASEAN's leading exhibition organizer in connection with
disputes and court cases involving civil and commercial matters, white-collar crime, and labour law,
whereas the commercial actions enabled the continuation of the business of Reed Tradex in Thailand.
(2020)
- Representation of major renewable energy companies in three arbitration
proceedings under the ICC Arbitration Rules in relation to claims of over USD 1 billion and
multi-jurisdiction litigation proceedings (including Belize, Hong Kong and Singapore) arising out of
share purchase agreements, agricultural land leases and rights to the use of agricultural land. We
successfully lifted all injunctive orders against our clients and the arbitration awards were
favorable to our clients. 2018-2021.
- Representation of a leading manufacturer
of helicopters as Thai legal counsel in arbitration proceedings in connection with contracts and
anti-corruption. (2019-2020)
- Representation of a major Thai insurance company
and its shareholders in a USD 9 million shareholder dispute against potential foreign investors
conducted under the SIAC Arbitration Rules. The dispute was settled before trial. June
2020
- Representation of a major multinational oil and gas corporation in
relation to a USD 15 million claim with the Ministry of Transport and the Administrative Court for
additional compensation for land appropriation, challenging the order of the Mass Rapid Transit
Authority of Thailand. 2020
- Representation of two medical doctors as
shareholders in successfully resolving a THB 15 million dispute in connection with a dermatology
clinic in Bangkok. The dispute occurred in relation to a shareholder deadlock regarding management
control of the business of the clinic, as well as misappropriation, forgery and fraud.
(2019-2020)
- Representation of an Indonesian entrepreneur in civil and criminal
disputes with the co-owner of a technology and cloud computing business in Thailand. The case
involved control of the company, as well as cross-border embezzlement of funds and misappropriation
of investments procured through many successive years of fraud. The amount in dispute was USD 25
million. (2019)
- Representation of the owner and director of several hotels and
a shareholder in Robinson Club Khaolak (the “Resort”) in a THB 1,400 million (USD 45 million)
dispute in relation to the Resort. The shareholders in the Resort, including TUI Group, a
multinational tourism company (Germany), brought a civil action against the Resort management based
on mismanagement and white-collar crime, as well as arbitration proceedings in Singapore (ICC
Rules), while the enforceable assets are located in Thailand. The dispute also involved criminal
cases re fraud, employment law and an investigation into internal controls. Weerawong C&P worked
in cooperation with a German law firm as the shareholder agreements were governed by German
law.
- Representation of a carbon black company in filing an appeal before the
Supreme Court in relation to a lawsuit filed by individuals claiming damages for the environmental
impact of carbon manufacturing operations. Weerawong C&P also advised a rayon company, the
leading manufacturer of viscose staple fiber in Thailand, on a related environmental law claim in
relation to a class action filed by residents. 2019
- Advising a foreign
investor to claim his investment of more than GBP 2.2 million from the developer of a five-star
luxury resort in Thailand.
- Representation of a leading
residential real estate developer in a THB 460 million (USD 14 million) contract dispute with an
Italian interior design company. Weerawong C&P worked with a leading Italian law firm to resolve
the dispute governed by Italian law. (2019)
- Representation of a major hotel
company in connection with fraudulent activities in the electronic transfer of funds. In this case,
USD 10.5 million was fraudulently directed to accounts in Hong Kong and Singapore. Weerawong C&P
successfully retrieved the funds and led the team in criminal legal proceedings in Hong Kong and
Singapore. (2019)
- Representation of an investment company in a number of
criminal and civil lawsuits in connection with a USD 260 million dispute between the directors and a
former potential investor, for the purposes of obtaining operational control and ownership of a golf
course in Thailand, as well as the class action lawsuit brought by the members of the golf club.
(2019-2021)
- Representation of a major meat producer in a claim for the
indemnification of Board of Investment tax levied by the Revenue Department. The case was conducted
under expedited procedure. (2019)
- Representation of Ticon Industrial
Connection Public Company Limited (now Frasers Property (Thailand) Public Company Limited), a
leading provider of industrial platforms, in relation to three disputes in connection with a real
estate auction valued at THB 9 billion (USD 283 million).
(2019)
- Representation of Hero Experience Co. Ltd. in the arbitration claim in
relation to a cross-border dispute arising from a sub-licensing agreement for Marvel Experience
Thailand from one of the world’s leading producers and distributers of entertainment and
information. Weerawong C&P advised on the related intellectual property rights, licensing
agreements, share purchase agreements, corporate governance, banking, debt restructuring and
potential rehabilitation after the closure of Marvel Experience Thailand.
(2018-2019)
- Representation of Total Access Communication Public Company
Limited (“dtac”) in the landmark agreement to settle legal disputes with CAT Telecom Public Company
Limited (“CAT”). Over the 27-year concession period, dtac and CAT had been engaged in numerous
litigation cases, mostly over differences in interpretation of the concession agreement. The
settlement will close all except two issues between dtac and CAT and will also bar the parties from
bringing new claims pertaining to the concession regime. According to this agreement, dtac will pay
a total amount of THB 9.51 billion (approximately USD 298 million) to
CAT.
- Representation of Total Access Communication Public Company Limited
(“dtac”), a major mobile service provider in Thailand, on the revocation of the resolutions of the
National Broadcasting and Telecommunication Commission (“NBTC”) rejecting dtac’s interim measures
for protection of subscribers after expiry of its concession with CAT before the Central
Administrative Court. dtac won the case because the Central Administrative Court suspended the
application of the resolutions of the NBTC. (2018)
- Representation of Total
Access Communication Public Company Limited, one of Thailand’s largest telecommunications companies,
in a successful motion to have an injunction lifted on assets valued at THB 3.5 billion (USD 117
million). The case required in-depth knowledge of telecommunications, concessions, public-private
law and administrative court proceedings. (2018)
- Representation of PTT Public
Company Limited in successfully resolving court proceedings in Indonesia and a class action in
Australia in connection with the Montara oil spill in the Timor Sea.
(2017-2018)
- Advised a mechanical and electrical system engineering company in
relation to product liability in connection with mass transit rail lines.
(2018)
- Advised InterRisk Research Institute and Consulting, Inc. in relation
to product liability law and product recall in Thailand. (2016)
- Representation
of a renewable energy company in international and domestic arbitration and litigation proceedings
in connection with multibillion USD claims and counterclaims in relation to a share purchase
agreement between the company and former shareholders.
(2018-2020)
- Representation of Posco Plantec (Thailand) Company Limited, part
of the POSCO Group, a leading company in Korea and worldwide, in successfully resolving a USD 5.7
million arbitration matter in relation to the construction of a recycling plant. The forum was the
Board of Trade of Thailand. (Conducted in English)
- Representation of PTT
Public Company Limited, the largest corporation in Thailand, in litigation regarding engineering,
procurement and construction contracts in relation to a pipeline project valued at more than THB 8.5
billion.
- Representation of a leading construction consortium of Thai and
Japanese companies regarding a construction dispute in connection with power plants in Latkrabang
and Bangpoo industrial estates in Thailand. The forum was the Thai Arbitration Institute. The claims
were approximately THB 840 million and THB 1,560 million, respectively. (Conducted in
English)
- Representation of an international hotel company in successful SIAC
arbitration proceedings in relation to a dispute arising out of hotel management agreement with the
claimed amount of over THB 57 million (USD 1.8 million).
(2018-2021)
- Representation of a major international food and beverage company
in relation to the enforcement of USD 4.8 million arbitral awards in Thailand in connection with
arbitration proceedings conducted under the UNCITRAL arbitration rules.
(2018)
- Representation of a leading financial services firm in Thailand in
relation to civil claims in connection with breach of policies and neglect of duties, as well as
employment disputes at the executive level, defamation and tortious acts.
(2018-2020)
- Representation of a major sugar production company in Thailand, a
member of one of the largest Japanese corporate groups, in the prosecution of a case in relation to
fraud as well as the improvement of internal systems.
(2018-2019)
- Representation of a luxury air charter company in the labour case
filed by its former employee in relation to termination of an employment agreement and severance
pay. The claim was grounded on the issue that the employee resigned from the company by verbal
statement and in a WhatsApp conversation but did not issue a formal resignation letter to the
Company as required in the employment agreement. This is the first time the Thai court has
considered this issue in a labour dispute. (2019)
- Representation of an elite
real estate developer engaged in a services agreement and licensing agreement to construct a
luxurious real estate project and the related contractual dispute against a world-class interior
architect company located in Milan, Italy. (2019-2020)
- Representation of a
media and entertainment company in defending claims in arbitration proceedings conducted under the
Swiss Chambers’ Arbitration Institution. The dispute arose out of agreements on the rights to
broadcast regional and international football matches and the guarantee provided thereunder.
(2019-2020)
- Representation of a major global film company in relation an
employment matter before the labour court of Thailand. The dispute involved the termination of
employment of an executive-level employee. (2018)
- Representation of RRB Group
Private Co., Ltd, the owner of international luxury brand hotels and resorts in a labour dispute re
grounds for dismissal filed by one of its high-level employees in the Central Labour court of
Thailand.
- Representation of a major Thai media and entertainment company
in relation to allegations of breach of contract. The claim involved numerous parties and agreements
in several jurisdictions. (2017-2018)
- Representation of CU United Co., Ltd. in
labour and employment cases in relation to unfair termination, severance payments and payments in
lieu of advance notice.
- Representation of McConnell Dowell, a major
infrastructure construction company, in an employment dispute in relation to the termination of
employment of an expatriate.
- Representation of Tenneco Inc., a major
automotive components and equipment manufacturer, in relation to an employment
dispute.
- Representation of the owner of international luxury brand hotels and
resorts in an employment dispute filed at the Central Labour Court by high-level employees in
connection with grounds for dismissal.
- Representation of one of the
leading mega-project construction companies in relation to the interpretation of joint-venture
agreements and highly complex turnkey agreements in connection with the largest wastewater treatment
plants owned by the Bangkok Metropolitan Administration. The total value of the related agreements
was THB 5,000 million. The dispute set legal precedents regarding incurred debts during the
rehabilitation process and resulted in a Supreme Court order that reversed the cancellation of the
business reorganization order. (2018)
- Representation of Wizard Solutions
Company Limited (Korea King), a major importer and distributor of high-quality household goods, in a
class action valued at more than THB 1.656 billion. This precedent-setting case was one of the
first-class action lawsuits in Thailand and involved issues related to the decertification of a
class, settlements specific to class actions, the calculation of damages and recourse mechanisms for
class actions in Thailand. The class action group includes approximately 350,000
members.
- Representation of a subsidiary of a global petroleum exploration and
production company in arbitration proceedings arising from a joint operating agreement in connection
with a concession in the Gulf of Thailand granted by the Ministry of Energy. The total amount of
damages claimed was approximately THB 1 billion (USD 28 million).
(2017-2018)
- Representation of an international petroleum company (England) in
a successful criminal lawsuit against a former manager in relation to fraud valued at THB 150
million (approximately USD 4.6 million).
- Representation of PTT
Public Company Limited in litigation regarding a natural gas price and electricity charges in
Thailand between 2012 and 2014. The dispute involved the complex energy market and related energy
regulations in Thailand.
- Representation of PTT Public Company
Limited in litigation regarding oil prices, and their technical formula disputes in Thailand. The
dispute also involved an energy fund expense, global oil price and governmental policy on the oil
price.
- Assisting Global Power Synergy Public Company Limited
regarding a transactional dispute concerning the acquisition of a power plant of another leading
power plant owner in Thailand.
- Representation of a multi-national
real estate investment company based in Macau in relation to the enforcement of a Singapore
International Arbitration Center award in Thailand. The award was valued at USD 200 million
(approximately THB 7 billion) and was in relation to a contractual dispute with a group of entities
forming a multi-business company in Southeast Asia (2017-2018).
- Representation of a global leader in the medical supplies industry in
arbitration and litigation proceedings, including the enforcement of awards in Thailand, Europe and
Singapore in connection with long term international joint venture agreements valued at over USD 150
million. All disputes were successfully resolved in March 2017.
- Representation
of a publicly listed construction company in relation to arbitration and litigation proceedings
arising from the wrongful termination of a subcontract agreement in connection with the construction
of a UHV plant project. The total amount of damages claimed was approximately THB 350 million (USD
10 million). (2017)
- Representation of a telecommunications company in
arbitration proceedings in relation to public-private partnership agreements for the construction,
installation and maintenance of submarine, underground and overhead cables.
(2017)
- Representation of a major Thai airline in several civil matters,
including the successful defense of a dispute in relation to a loan agreement involving the transfer
of funds in China, Hong Kong and Thailand valued at THB 1,500,000,000 (approximately USD 46.8
million). (2016-present)
- Representation of a leading Chinese airline company
in defending cases filed by its creditors under several credit and service agreements in the court
of Thailand and the Thai Arbitration Institute. The claims were approximately THB 69 million.
(Conducted in both Thai and English)
- Representation of Thai Steel Cable Public
Company Limited, a leading automobile parts manufacturing company, in litigation against its
supplier for complex inherent defects in automobile parts.
- Assisting
Global Green Chemical Public Company Limited in criminal cases against its senior management and its
suppliers in relation to systematic fraud valued at approximately THB 2,100 million (approximately
USD 70 million) at the Economic Crime Suppression Office.
- Assisting CP All
Public Company Limited, the sole operator of 7-Eleven convenience stores, in a claim of fraud
committed by its long-term supplier and a well-known song writer in
Thailand.
- Representation of Export-Import Bank of the United States, official
export credit agency of the United States Federal Government, in the successful defense of the
largest claim in the Central Bankruptcy Court to date. The case was filed by shareholders of one the
largest Thai petroleum companies and its top management claiming compensation of more than THB
190,380 million (approximately USD 6. 4 billion). (2019)
- Representation of the
owner of a luxury office building and hotel located at the central business district of Yangon,
Myanmar in arbitration proceedings in Hong Kong. The client has a dispute with an international
hotel chain in relation to the hotel management agreement. This is the first-of-its-kind
international arbitration case under the laws of Myanmar.
(2016)
- Representation of Pacific Phuket, Co., Ltd, one of the largest property
development companies in Phuket, Thailand in arbitration proceedings in Singapore in relation to the
construction, management and operation of a hotel. (2016)
- Representation of a
private company and individuals in the defense of allegations in relation to the Criminal Code and
the Act on the Offences Relating to the Submission of Bids to Government Agencies.
(2017)
- Representation of several clients as defendants in cases filed by the
Public Prosecutor and the Committee of the Anti-Money Laundering Office. The cases involved the
defense of civil and criminal charges and penalties including the seizure of assets, fines and
imprisonment. (2017)
- Representation of PTT Global Chemical Public
Company Limited, Thailand’s largest and Asia’s leading integrated petrochemical and refining company
in a civil case defending against a claim for compensation of more than THB 9,300 million
(approximately USD 310 million) in relation to supply
agreements.
- Representation of PTT Public Company Limited in disputes involving
Engineering, Procurement and Construction (EPC) Contracts for the Fourth Transmission Pipeline (FTP)
Project with contract prices of THB 2,261 million and USD 209
million.
- Representation of Mitsui Sumitomo Insurance Company Limited
(Thailand), part of the largest insurance group in Japan and worldwide, in successfully defending a
THB 2.154 billion complex litigation claim (approximately USD 72 million) made by a major
multinational automobile company, the plaintiff. The court of first instance dismissed all the
plaintiff’s claims. This case also set the precedent that an insurance claim in relation to business
operations is a civil case, rather than a consumer case, thereby shifting the burden of proof to the
plaintiff and barring claims for punitive damages.
- Representation of Fitness
First, an international fitness chain and the largest privately owned health club in Thailand, in
civil, criminal and labour court proceedings in relation to allegations of fraud against a former
employee at the top-management level. (2017)
- Representation of Coats GmbH, the
world’s leading industrial thread manufacturer and a major player in the America textiles crafts
market, in a case involving allegations of breach of an exclusive distributorship agreement and
tortious acts. (2017-2018)
- Representation of the shareholders, directors and
CEO of Cyklop Group (Germany), one of the world's largest packaging companies, in several
white-collar crime and civil cases arising as a result of serious disputes between the Cyklop Group
and the solely authorized director of its subsidiary in Thailand. The firm conducted strategic
proceedings to maintain control of the companies, subsidiaries and directorship in Thailand.
(2017)
- Representation of an international automotive company as the
co-plaintiff with the public prosecutor in a successful criminal lawsuit against a former employee
in relation to embezzlement valued at THB 80 million (approximately USD 2.7 million).
(2017)
- Representation of Mainmark Group Engineering (Australia) regarding
copyright law, trade secrets and confidentiality agreements in a case against former top management
of the company at the Intellectual Property and International Trade Court.
(2016-2017)
- Representation of Silesia Flavors (Thailand) Company Limited in
the Intellectual Property and International Trade Court in relation to trade secrets and contract
disputes involving distributorship and the sale of flavor
codes.
- Representation of a well-known TV news channel in two arbitration
cases regarding a breach of a major operating agreement.
- Representation of the
owner of Madame Beauty Co., Ltd, one of the biggest cosmetic companies in Thailand and the former
director of Paula’s Choice Thailand Co. Ltd. in a commercial
dispute.
- Representation of Crédit Suisse as a facility agent for syndicate
facilities of USD 250,000,000 in connection with the reorganization of a global manufacturer and
fabricator of pipes, at the Central Bankruptcy Court.
- Representation of Total
Access Communication Public Company Limited (DTAC), one of the largest mobile and telecommunications
operators in Thailand, on several cases, including high profile administrative cases in relation to
telecommunications, concessions, public-private partnerships and contract
law.
- Representation of AIA, one of the largest life-insurance companies in
Thailand, in precedent-setting cases for insurance policies in Thailand. AIA is defending multiple
cases related to a popular TMAE life insurance policy held by tens of thousands of customers. These
cases will set precedents for consumer protection as well as the insurance law and industry in
Thailand.
- Representation of Mr. Tony Jaa, the well-known Thai martial arts
actor in Hollywood movies, in defending and filing counterclaims in a dispute with SAHAMONGKOL (film
maker) regarding his long-term contract with SAHAMONGKOL and the release of Fast and Furious
7.
- Representation of Symphony Communication Public Company Limited, a
network provider of high-speed internet circuits, in a dispute filed at the Office of the National
Broadcasting and Telecommunications Commission regarding the use of underground cable lines. The
claimant was a former state enterprise.
- Representation of Schwan-STABILO
Schwanhauber GmbH & Co. in relation to possible legal effects incurred by the termination of
distributorship agreements made in Thailand between Schwan-STABILO and DHA Siamwalla
Ltd.
- Representation of Ladawan Capital Co., Ltd., a subsidiary of the Bureau
of Crown Property, in several litigation cases regarding land and property located in the central
business district of Bangkok.
- Representation of Royal Phuket Marina Company
Limited, a development company that constructed one of Asia’s largest marina projects, in relation
to a land dispute. The value of the marina project on the disputed land was more than THB 6 billion
(approximately USD 200 million).
- Representation of Leisure World Property and
Loan Fund (LWPLF), sponsored by TCC Land Co., Ltd, one of Thailand’s leading property developers and
prominent conglomerates, as defendant in a land dispute.
- Representation of
Advanced Info Service Public Company Limited, Thailand’s largest mobile and telecommunications
public company, in claims filed in an arbitration matter demanding payment of THB 31,158,000,000
(approximately USD 985 million) for concession fees. The claimant is a former state enterprise of
the Thai government. The client won the arbitration case.
- Representation of
Akara Mining Limited and its major shareholder on two phases of litigation; (i) on a dispute with
Thai and other investors on the shareholder agreement and Foreign Business Act issues. This case was
successfully resolved after a series of filings at different courts, and (ii) on defense of Akara on
claims brought by a few individuals claiming damages suffered from environmental impact from the
coal mining operations, and Akara counter claims including criminal charges against such
individuals.
- Representation of Credit Suisse as facility agent for a group of
offshore lenders on, (i) the rehabilitation of two local entities of the Canadoil Group, and on (ii)
a dispute regarding both civil and criminal liability claims in connection with rehabilitation
petitions. Value: USD 210 million owed to lenders; USD 1 billion total
rehabilitation.
- Representation of the Board of Directors, PTT CEO, Director
General, State Enterprise Policy Office (SEPO), and the Director General, Department of Business
Development as defendants in an Administrative Court Case involving revocation of the registration
of the PTT Board of Directors.
- Representation of Digital Phone Company
Limited, the fourth largest digital phone company in Thailand, in an arbitration proceeding
concerning a breach of revenue-sharing agreements made between two parties. This arbitration
involved a demand for payment of THB 3.949 billion (approximately USD 116 million) for concession
fees. The client won the arbitration case.
- Representation of Digital Phone
Company Limited in an arbitration proceeding involving a dispute and claim of THB 2.230 billion
concerning the breach of the Digital PCN (Personal Communication Network) Agreement relating to the
delivery and transfer of ownership of assets and equipment.
- Representation of
Digital Phone Company Limited in an arbitration dispute regarding a claimed breach of a
telecommunications roaming concession agreement. The value of the claims was USD 67.8
million.
- Representation of a group of companies in the Map Ta Phut Industrial
Estates, including PTT Public Company Limited, Siam Cement Group, Aditya Birla Chemical (Thailand),
Indorama Petrochem, BRP Steel, Bangkok Synthetics, BST Elastomers, and BlueScope Steel (Thailand) on
the lawsuit filed by NGOs and injunction orders of the Administrative Court seeking suspension of
construction and operation of industrial plants based environmental issues in the Map Ta Phut
areas.
- Representation of a transportation construction company in
arbitration proceedings claiming compensation from a Thai government authority for over THB 10,000
million for wrongful termination of a concession contract.
- Representation of
Shin Corporation Public Company Limited in the civil claim for stock purchase valued at
approximately THB 5.9 million.
- Representation of PTT in a potential
arbitration dispute with a foreign party regarding a dispute under the Supply
Contract.
- Representation of a leading medical supply company in domestic and
international litigation and arbitration in Thailand, Singapore, Austria and Switzerland to resolve
disputes in relation to a long-term international joint venture agreement. In March 2017, the
litigation team worked with the M&A and finance teams to finalize the resolution of these
disputes, thereby achieving the clients’ goal of gaining control of the company valued at over USD
150 million.
- Representation of PTT in relation with administrative court case,
as a result of the corporatization and privatization of the Petroleum Authority of Thailand. The
client succeeded in the Supreme Administrative Court in having a suit attempting to de-list and
privatize it dismissed. This high-profile win in December 2007 helped to prevent severe damage to
the whole structure of the Thai capital market continuing with advice on relevant court cases and to
relevant clarifications.
- Representation of St. Regis Hotel with respect to the
dispute on noise disturbance filed by neighbors before the Central Administrative
Court.
- Representation of Trans Thai-Malaysia (Thailand) Limited in
relation to the dispute on revocation of a certification of utilization of land (Nor Sor 3) of the
Company in Chana District, Songkhla Province.
- Representation of The Petroleum
Authority of Thailand in relation to an arbitration hearing between PTT and IPCO & Gregory &
Cook Joint Venture.
- Representation of Fena Asset Co., Ltd. on joint venture
disputes between the client and Blue Elephant International Public Company
Limited.
- Representation of Hogan Lovells International LLP in providing advice
on procedures regarding seizure of foreign aircraft in
Thailand.
- Representation of Imperial Commodities Corporation of New York
relating to the settlement and claim against Vita Food.
- Representation of
California Wow Xperience Public Company Limited as defendant for the court proceedings in The
Southern Bangkok Civil Court.
- Representation of US Exim-Bank in connection
with certain outstanding litigation in the Supreme Court of Thailand relating to the TPI
restructuring.
- Representation of Tradition Asia Pacific Pte. Ltd. (Singapore)
in relation to the Labour Protection Act and the possibility of labour
disputes.
- Representation of Ananda Development Co., Ltd. in the pre-litigation
and litigation process in connection with a dispute between the client and its
customers.
- Representation of PTT in a lawsuit to the Central Administrative
Court filed by Foundation for Consumers with respect to NGV
price.
- Representation of Bangkok Dusit Medical Services Public Company Limited
in a case in connection with labour relations.
- Representation of Shin
Corporation Public Company Limited (Defendant No. 1) and its directors in connection with the
litigation regarding the civil claim brought before the Southern Civil Bangkok Court between
Infobahn Co., Ltd. (No. 1), and a certain individual (No. 2), as Plaintiffs and Shin Corporation and
nine other defendants, as the Defendants.
- Representation of Thai Airways
Directors in a lawsuit regarding director’s liability in labour court and criminal
court.
- Representation of The Crown Property Bureau (CPB) on enforcing lease
agreements.
- Representation of Sun Wood Industries in relation to a potential
insurance claim for flood damage.
- Representation to Double A Ethanol on a
potential dispute under construction and installation contract with
Siemens.
- Representation of DCM Solutions Limited in connection with
enforcement of an arbitration award from the ICC against Prism Estate (Thailand) Ltd., as well as
the services in relation to debt collection based on such arbitration
award.
- Representation of Indo-Thai Synthetics Co., Ltd. regarding the dispute
between the company and Thai Sri Insurance Co., Ltd., Allianz C.P. General Insurance Co., Ltd. Thai
Paiboon Insurance Co., Ltd., The New India Assurance Co., Ltd. and/or related person(s) in regard to
an Insurance Agreement.
- Representation of Cloud Computing Solution Co., Ltd.
on an arbitration case filed by TT&T.
- Representation of Aureos Advisers
(Thailand) Co, Ltd., the advisor of Aureos South-East Asia Fund, LLC and GSB Private Fund by One
Asset Management Ltd. in regard to the exercise of the right of the funds, as a party to the
investment (or shareholders) agreement, as a lender, as a shareholder holding preference and
ordinary shares of Eurotech Engineering International Co., Ltd. and/or a director of Eurotech’s
rights in the investigation of the operations of Eurotech, and Eurotech’s major shareholder, to give
the Company bargaining power in relation to Eurotech paying back a loan and interest of
approximately USD 2 million. Also, in relation to the return of approximately USD 5.5 million which
the Funds invested in Eurotech.
- Representation of Bangkok Mass Transit System
Public Company in defending against DSI claims in connection with an agreement with the Bangkok
Metropolitan Administration.
- Representation of MCOT Public Company Limited in
defending against the complaints filed by Magpie Advanced Supply Co., Ltd. in a dispute at the Thai
Arbitration Institute; Magpie demanded total compensation in an amount of approximately USD 24.3
million (THB 730 million).
- Representation of MCOT Public Company Limited, a
Thai state-owned enterprise, in an arbitration case regarding an auction in connection with new
television technology.
- Representation of Siam Resorts Co., Ltd. in connection
with a dispute with Movënpick Residence owners, its tenants.
- Representation of
Bangkok Airways and liaising with Syed Ishtiaq & Associates, local counsel in Bangladesh, in
connection with three court cases in Bangladesh between Bangkok Airways and Jupiter Logistics (B.D.)
Co., Ltd.
- Representation of Thai Otsuka Co., Ltd. in defending against the
motion for setting aside of the arbitral award with the competent court filed by S. Charoen Bhaesaj
Trading Co. Ltd.
- Representation of Mitsubishi Motors in the contractual
dispute between Mitsubishi Motors (Thailand) and Bangkok Mass Transit Authority (BMTA) for breaching
contract and having a Letter of Guarantee returned.
- Representation of TH
Capital’s client, High Hope International Group Jiangsu Native Produce Import & Export
Corporation, in demanding claims against Department of Foreign Trade, Ministry of Commerce, for
breaching the purchase agreements. The disputed amount was approximately USD 22.6
million.
- Representation of Berli Jucker Public Company Limited on the dispute
with Family Mart Co., Ltd. in Vietnam.
- Representation of Brunet International
(Thailand) Co. Ltd. in defending a lawsuit filed against the director of the company by Kokar Co.,
Ltd. in relation to a revocation of the company’s Shareholder Meeting and disputes regarding
management of the company.
- Representation of Triple T Broadband Co., Ltd. and
TT&T Subscriber Services Co., Ltd., subsidiaries of a listed company, Jasmin International
Public Company Limited in the initial phase of restructuring and refinancing of TT&T’s
approximate USD 986.7 million (THB 29.6 billion) debt with its Thai and foreign financial and trade
creditors, including TOT Public Company Limited (formerly, the Telephone Organization of Thailand)
which is the largest creditor and also the concession grantor to
TT&T.
- Representation of Loxley Gtech Technology Co., Ltd. (LGT), in the
potential dispute arising from the non-performance of the Government Lottery Office (GLO) in
relation to the lottery online system. LGT entered the Contract for Servicing of Lottery
System with the GLO for designing, providing and installing the computer system for selling the
lottery online and GLO must commercially launch the lottery online system but refuses to perform its
obligation
- Representation of a leading real estate developer, in its defense
against nine complaints filed in the Civil Court by customers who subscribed for condominium units
constructed by the company, claiming damages for the delay in the construction of the condominium
project. The company successfully negotiated with seven out of nine customers in withdrawing
the cases.
- Representation of Elite Kraft Paper Co., Ltd., an
affiliate of Mahachai Kraft Paper, in defending a lawsuit filed by Jiangxi Jianglian Energy &
Environment Co., Ltd., as contractor from China (mainland) and plaintiff, in a dispute over the
Contract for Co-Generation Plant.
- Representation of a company operating
franchised convenience stores in Thailand, in defending the case filed against the company by the
Ministry of Health, alleging that the company conducted its business in violation of the Tobacco Act
by displaying cigarettes on the shelves. The Court finally dismissed the case ruling that the
company had not violated the Act as the Ministry’s officers had erred in their interpretation of the
Act.
- Representation of Sino-Thai Engineering & Construction Public Company
Limited (STECON), as claimant, in an arbitration proceeding under the International Court of
Arbitration in a dispute with Dywidag Bau GmbH, as respondent, in connection with a lease agreement
relating to the lease of construction equipment which is governed by Thai
law.
- Representation of Department of Highways in an arbitration
proceeding brought against them by a German Investor alleging breach of bilateral investment treaty
between Thailand and Germany.
- Representation of a publicly listed TV Channel
in its arbitration in relation to the alleged claim that it failed to make payments of concession
fees and penalties when due.
- Representation of the five largest commercial
banks in Thailand as guarantors, regarding lawsuits by the Pollution Control Department (PCD) of the
Ministry of Natural Resources and Environment (PCD). The banks claimed that as PCD asserted the
project agreement was null and void, their letters of guarantee would also be void and the Banks
should be released from their obligations. The Banks were subject to an injunction prohibiting
them from making payment under the letters of guarantee. The court found that the banks had acted
properly and dismissed the PCD’s claim.
- Representation of a Japanese
engineering company, as contractor and defendant, in its defense of a claim for damages filed by the
contractor and plaintiff, who alleged that the client caused damage to its project during the
construction of an offshore oil and natural gas pipeline in the Gulf of
Thailand.
- Representation of Sol Melia, one of the largest resort hotel chains
in the world, and its subsidiary, in a successful claim against Golden Asset and Bangkok Twin Towers
before the Central Intellectual Property and International Trade Court. The value of the claim was
USD 2.5 million.
- Representation of the Plaintiffs (as creditors, a group of
leading Thai commercial banks) in bringing a lawsuit against a Thai company, the owner of the most
advanced manufacturer of copper products (as debtor) to enforce payment of loan valued at
approximately USD 400 million (THB 12 billion).
- Representation of
a Thailand Sanitary Service Organization in the arbitration proceedings against an international
company engaged in waste management concerning the agreement, including an assignment of rights and
obligations under the Technology License and Technical Assistance Agreement and Operating Services
Agreement under ICC Arbitration Rules.
- Representation of a major construction
and engineering firm in relation to cases involving the Department of Special Investigation (DSI)
and allegations of value added tax avoidance.
- Representation of the former
authorized directors of TT&T and TOT in a DSI case involving the Government Saving Bank and
allegations of fraud.
- Representation of an ethanol producer and distributor in
a DSI case in relation to accounting fraud.
- Pre-litigation advice for a major
construction and engineering firm in criminal allegations in a DSI matter in relation to real
estate.
- Pre-litigation advice and assistance for a major steel company in a
DSI investigation.
- Pre-litigation advice for a major steel company in a
possible DSI criminal case in relation to the law concerning offences in the submission of bids to
government agencies.
- Pre-litigation advice to a major construction company in
a possible criminal matter involving the DSI and allegations in relation to the law concerning
offences in the submission of bids to government agencies in construction
projects.
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