Thailand is home to Southeast Asia’s second-largest economy. The country has an impressive track record of sustained growth and a multitude of bustling industries, including automobiles and automotive parts, beverages, electric appliances and components, pharmaceuticals, and tobacco, among many others. Known for its established tourism infrastructure, Thailand is not only a popular destination for holiday goers, but for investors looking for a jurisdiction with ample business opportunity.
Lex Mundi in Thailand
Lex Mundi provides coverage in Thailand through its member firm, Tilleke & Gibbins, a leading law firm with more than 130 lawyers and consultants. The firm represents the top investors and the high-growth companies that drive economic expansion in Asia in the key areas of commercial transactions and mergers and acquisitions, dispute resolution and litigation, and intellectual property. Established in 1890, it has grown into the largest independent law firm in Thailand and has expanded its presence in the region with offices in Cambodia, Indonesia, Laos, Myanmar and Vietnam. Clients include world leaders in the fields of pharmaceuticals and healthcare, energy, consumer goods and retailing, manufacturing, financial services, information technology and telecommunications.
Representative Experience in Thailand:
- Helped a manufacturer establish a subsidiary for the purpose of relocating its production facility to Thailand. The project was promoted by the Board of Investment and had an investment value of more than 100,000,000 THB. They reviewed the joint venture agreement and advised on corporate law, relevant regulations, and necessary permits. They also assisted the client in obtaining permits from the Industrial Estate Authority of Thailand and the Board of Investment to buy land and initiate the project. In addition, we conducted a thorough review of the deposit agreement, land purchase and sale agreement, and utilities service agreement.
- Represented the world’s leading car seat maker in critical negotiations with the Board of Investment (BOI) on potential revocation of all benefits and privileges, which could have led to damages of over 20,000,000 USD. In addition to the overwhelming victory at the BOI, they successfully obtained several Alien Business Licenses, which will allow the clients’ subsidiaries in Thailand to provide service to affiliates in the region.
- Represented their client before the IP&IT Court and obtained a very favorable settlement just prior to the rendering of judgment in what has been widely regarded as the largest and most complex patent infringement case in Thai history. In this multijurisdictional case, the team not only secured a rare Anton Piller order to seize infringing goods, which enabled them to successfully prove infringement, but also formulated extensive strategies for protecting the validity of our client’s patent.
- Won a historic judgment for a global technology leader against former employees who misappropriated the client’s tremendously valuable trade secret technology. In the IP&IT Court decision, the client was awarded an injunction against use and disclosure of its trade secret technologies, including machines, processes, and information. The client also received substantial damages and recovery of legal fees. This was the first case that a trade secret owner has successfully enforced against trade secret misappropriation in Thailand.
- Planned and executed the layoff of 1,900 employees. Afterward, 279 of the affected employees submitted claims against their client in the total amount of 300,000,000 THB. They successfully proved that the client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in the client’s favor. If they had lost the labor cases, approximately 1,600 additional employees would have filed claims totaling approximately 2,000,000,000 THB.
- Advised a consortium of financial institutions on telecommunications laws in connection with their bids to provide credit facilities (totaling 15.85 billion THB) to a major telecommunications operator for the expansion of a 3G mobile network and infrastructure.