Our litigation practice works in all the courts in Thailand, both civil and criminal, and the more specialized courts such as Administrative, Family, Tax, with particular emphasis on commercial disputes.
Litigation and dispute resolution is a core competency of Formichella & Sritawat, from pre-trial negotiations, documentation, and preparation for trial, injunctions, summary judgment applications, trial, to appeals and enforcement proceedings. With our expertise and experience, we will guide you to practical, creative, and cost-effective solutions, no matter the nature of a dispute.
The underlying fact patterns and evidence in litigation are never the same, but there are situational similarities upon which litigation arises. Some common situations are as follows:
- Shareholder disputes/director liabilities
- Intellectual property infringement
- Estate/beneficiary disputes
- Financial services and misrepresentation claims
- Real estate disputes
- Civil/criminal fraud claims
- Criminal defense
- Breach of contract/covenant claims
- Professional negligence
- Injunctions/disclosure orders
- Conflict of laws and jurisdictional disputes
- Banking litigation
- International court enforcements
- Matrimonial matters
Our investigation process includes interviewing clients, locating witnesses, taking witness statements, gathering documents, investigating financial records, and investigating the facts leading to a dispute.
We often engage in pre-litigation settlement discussions to attempt to resolve the matter before filing a lawsuit.
During pre-litigation, we consult with and advise clients, continue to connect evidence, prepare witnesses, attend pre-trial conferences, and develop trial strategies based on facts and evidence.
Often cases never reach trial but instead are settled to eliminate the risk and expense of going to court. In Thailand, most cases can settle at any time during the life cycle of a lawsuit.
Our litigators engage in negotiations with opposing parties and sometimes participate in mediation and settlement conferences under the supervision of a presiding court. In addition, they will create settlement agreements and other materials to memorialize any deal reached and endorsed by the presiding court.
If the client wishes to appeal a trial court decision, we present evidence of why the trial court’s decision was in error based on false evidence admitted at trial. Or where it is arguable that the underlying law is incorrectly applied considering evidence or circumstances.
A sample of our experience is as follows:
Commercial litigation
- Successfully represented a leading operator of industrial wastewater treatment systems in Thailand in a lawsuit against an FTSE-listed company for infringing on our client’s know-how, ending with a judge awarding financial compensation to our client.
- Successfully represented a Thai marble contractor on claims and suits against construction companies and prosecuted a lawsuit involving contract performance on several large construction projects. We also represented this construction material company on claims and suits against constructors.
- Successfully represented three major sugar manufacturers in breach of contract lawsuits involving international trade and transportation laws.
Injunctions
- Although injunctions are difficult to achieve in Thailand, we applied for and were granted from the Central Intellectual Property and International Trade Court an injunction to block the transfer of Intellectual property and company shares on an international reverse takeover transaction on a U.S.-based stock exchange.
Banking litigation
- Successfully filed a civil case against a Stock Exchange of Thailand-listed commercial bank over misappropriation of funds, theft, and forgery. The court judgment resulted in our client receiving over US$1,000,000.
Administrative litigation
- We represented an NYSE-listed manufacturing company for more than twenty years regarding its imports into Thailand, especially concerning import taxation. In addition, we regularly represent this client with the Administrative Court against government agencies such as the Bank of Thailand, Ministry of Energy, and Metropolitan Electricity Authority.
- Represent one of the country’s sugar industry and power plant operators regarding administrative disputes with the Department of Industrial Works.
- We represented one of Thailand’s largest tapioca starch producers with Metropolitan Electricity Authority to claim a refund based on an incorrect calculation of electricity usage. As a result, we successfully achieved a refund for the client of US$300,000.
Intellectual Property Litigation
- Represent a large, publicly-traded, food processing company in litigation with an overseas machinery manufacturing company. Further, we prosecuted a copyright infringement claim at the Central Intellectual Property and International Trade Court.
- We represented a publicly-traded machinery manufacturer to conduct a raid of a factory in Thailand making counterfeit goods and successfully prosecuted the factory directors under the Thai criminal code.
- Represent a software firm based in Singapore that transferred intellectual property in an acquisition wherein the purchase terms were breached. The opposing party attempted to resell such intellectual property to a NASDAQ-listed company. We achieved injunctions from Thai courts to block the transfer of such IP in the United States.
- We advised on a major software licensing dispute and resolution between an NYSE-listed software company and a SET-listed industrial company. Had the dispute not been resolved, enterprise software for over 3,000 end-users would have been in jeopardy. The dispute was closely monitored by the boards of directors of each party. Directly and personally handled all legal negotiations, resolutions, and settlement documentation. (Value: disputed amount over USD 7,000,000)
Property Litigation
- Successfully represented a client in a lawsuit over adverse possession of land for 20 years. As a result, the land was returned to the client valued at several hundred million baht.
- We represented hundreds of Japanese investors to acquire land in Trat Province from a company that engaged in a fraudulent transfer of 105 hectares of land.
Employment Litigation / Unfair Dismissal
- We are well-versed in Thailand’s labor laws. For example, we successfully challenged a large public school on the termination of an employee. After mediation with our firm, the employer agreed to settle and pay compensation to our client.
Bankruptcy
- We advised and represented a group of entertainment and hospitality companies on corporate structuring and bankruptcy claims, including negotiations with debtors and creditors and a rehabilitation plan.
- We advised a Japanese mining and manufacturing conglomerate on corporate restructuring of its Thai companies due to disruptions from the COVID pandemic.
Debt collection
- We represent a well-known online restaurant reservations platform for debt collections on unpaid commissions due from its customers.
Misappropriation Lawsuits
- We often represent shareholders on matters of Shareholder rights. For example, we regularly work with law enforcement officials to conduct legal and accounting audits of company directors suspected of unlawful dealings in company property, breach of fiduciary duties, and wrongful use of company funds.
Eviction Lawsuits
- Thai tenancy law presents several challenges for landowners. Leases need to be carefully structured to ensure the rights of landowners. On a recent matter, we successfully obtained an eviction for a commercial property owner with payment of rent overdue plus damages.
