NARIT & Associates - International Law Firm in Bangkok, Thailand, with Thailand Lawyers/Legal Counsels advising Thai Laws on Legal & Tax Services NARIT & Associates - International Law Firm in Bangkok, Thailand, with Thailand Lawyers/Legal Counsels advising Thai Laws on Legal & Tax Services
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Home | Practices | DISPUTE RESOLUTION

 

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A dispute can be expensive, time consuming and diverts a significant amount of resources away from client's business. That's why we are always ready for our clients to help them going through the dispute. We are appropriately skilled to advise clients when the dispute arises, from the negotiation process to going to court or arbitration. As your case is important to us, we provide a focused, individualized service. We will carefully inform clients and proactively discuss any issues that may arise as the case is progressing. Ultimately, we will strive to achieve a successful, cost-effective outcome for our clients.



Defending a Thai subsidiary of NYSE listed international courier on a claim from the damage arising from missing package filed by an insurer of its shippers in the Central Intellectual Property and International Trade Court.

Advising a Finland based supplier of elevators and escalators on the dispute pertaining to pending projects worth Baht 130 Mil with a Thai listed property developer, which resulted in a successful completion of settlement agreement.

Representing Japanese minority shareholders of a JV company specialized in metal product forming on a Baht 40 Mil claim on misappropriation against the Japanese majority shareholder.

Representing a German based construction company specializing in industrial flooring listed in the Frankfurt Stock Exchange on the construction dispute in Thailand relating to one of the biggest shopping centers in Asia, with a Malaysian company.


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      We can assist with:

Debt Collection

Trade debt is one of the most common troubles affecting many businesses in Thailand. Basically the customer fails to pay for goods or services already delivered and the vendor has to take certain legal actions to recover the trade debt.

This process typically starts with a follow up notice or a call from a debt collection unit of the vendor. If it yields no satisfactory result, a legal professional may be engaged to serve a demand notice to the customer. Eventually, if it still fails, the vendor will have to take a legal action to recover the unpaid debt. The vendor will file either a lawsuit to a court or a claim to an arbitration body. Arbitration must be used insofar as the parties agree to resolve a dispute by arbitration. Usually, the customer may have some sort of defense, i.e. the vendor delivers the goods or services out of specification, delay in delivery, etc.

The same course of actions also applies to the case of business loan. Once a borrower defaults on any payment, and the lawyer's demand notice fails to secure the payment, the lender will have to go on the offensive and sue the borrower in the court or file a claim to the arbitration body.

What we do:

  • Serving lawyer's demand notice
  • Drawing up a settlement agreement
  • Filing a lawsuit to the court to recover the outstanding debt from a counterparty
  • Filing a claim to the arbitration body
  • Filing a motion to the court to enforce an arbitral award

After the completion of court or arbitral process, we can assist the client on debt recovery as follows:

  • Asset search (If a regular search fails to identify any assets of a debtor (customer or borrower), an in-depth search may need to be employed.)
  • Asset recovery
  • Enforcement of judgment or enforcement of arbitral award


Shareholder Disputes

Business partners often decide to do a business together either by forming a JV company or a partnership. But things are not always working out for various reasons, such as mismanagement of authorities and responsibilities, discrepancy over company direction, conflict of interests, questionable related transactions, poor personal relationship, unequal profit sharing, etc.

A dispute between shareholders, directors or business partners should be resolved swiftly and as efficiently as possible to avoid further business disruption. The best approach is to have in place a good negotiation mechanism, even lengthy, than can yield a satisfactory settlement to both parties, thus saving money, time and energy from not going to the court.

We have the skills and experiences to help our clients go through this process, from advising on clients' legal position, assisting in negotiation, to taking a stronger proceeding, including filing a lawsuit to revoke certain corporate actions or filing a criminal charge against the counterparty.

What we do:

  • Action for the client (either majority or minority shareholder/partner) in relation to dispute resolution, and advising on client’s leverage and counterparty’s leverage
  • Assisting in negotiation and settlement with a counterparty
  • Revising company’s articles of association, shareholder agreement and/or employment agreement in light with the settlement
  • Pursuing legal actions to revoke certain corporate actions
  • Filing a criminal charge against a counterparty on client’s behalf
  • Defending the client if a counterparty pursues legal actions to revoke certain corporate actions and/or files a criminal charge against the client
  • Acting for the client in dispute arising from the corporate fraud
  • Handling claims in the context of investment fraud and finance

 

Breach of Contract/Misrepresentation

The breach of contract is the situation where one contractual party fails to perform its obligations under the contract for another contractual party. Typically, a non-default party has two options, either to enforce the default party to perform the obligations and claim any damage for a delay of performance, or to exercise the right to terminate the contract and claim for any damage. The non-default party may request the court to impose an injunction on the default party, requiring the default party to do or refrain from doing certain things.

Misrepresentation and wrongful inducement are the situation where one party misleads another party into making a contract with the first party. Upon knowing all the facts, the misrepresented party may choose to revoke the contract and claim for any damage from the other party.

What we do:

  • Serving lawyer’s demand notice
  • Assisting in negotiation and settlement with a counterparty
  • Drawing up a settlement agreement
  • Filing a request to the court to issue an injunction on a counterparty
  • Filing a lawsuit to the court to seek remedies (monetary damages and specific performance) from a counterparty
  • Filing a claim to the arbitration body to seek remedies (monetary damages and specific performance) from a counterparty
  • Defending the client when a lawsuit or a claim without merit is filed by a counterparty to the court or the arbitration body
  • Filing a motion to the court to enforce an arbitral award 
Bankruptcy & Business Reorganization

The prolonged economic crisis coupled with financial distress can put the company with heave debt burden and defaults are seemingly inevitable. When the business is under threat of bankruptcy, the company must ready to face all kind of legal actions from its creditors and liquidators. We can advise the company going through a bankruptcy or a business reorganization process. Our team will review all possible options and outline a rescue strategy that can help the company overcome its debt challenges and get back on its feet as soon as possible.

We also act for creditors in bankruptcy proceedings to seek debt repayment. In the bankruptcy case, time is essential. Whenever a court issues an order to put a company under an absolute receivership or a business reorganization, the creditor may file a claim for repayment of debt within the deadline, otherwise its right for the repayment will no longer exist. This requirement applies even if the creditor already has the winning judgment, or is still on trial.

What we do:

  • Providing the client with precautionary advice when dealing with an almost bankrupt counterparty
  • Filing a claim for repayment of debt on behalf of the creditor to preserve creditor’s right if a counterparty is bankrupt or initiating a business reorganization process
  • Filing a bankruptcy lawsuit on behalf of the creditor against a counterparty
  • Defending a bankruptcy lawsuit on behalf of a debtor
  • Advising the debtor on the business reorganization


Labor Disputes

As the business expands, the legal sides of the employer-employee relationship become increasingly more complicated. It gets crucial especially when a dispute surfaces between the employer and the employee. Typically, the labor disputes arise in the following circumstances:

  • Employee’s fraud and misappropriation of employer’s assets
  • Employee’s unauthorized use of employer’s assets, information and trade secret (misappropriation and trade secret infringement)
  • Termination, layoff, restructure (downsizing), severance pay and notice payment
  • Lawful termination and unfair termination

We have acquired considerable experiences of handling all types of labor disputes, no matter what size or how demanding the case is. Our priority is to provide pro-active counseling, negotiation skill and litigation knowhow to resolve the dispute quickly, efficiently, and effectively.

What we do:

  • Representing the employer on termination, layoff, restructure (downsizing), severance pay, notice payment, lawful termination and unfair termination
  • Drawing up a settlement agreement and termination notice
  • Filing a lawsuit on behalf of the employer to seek remedies (monetary damages and specific performance) and an injunction (court order freezing) for employee’s unauthorized used of employer’s assets, information and trade secret
  • Filing criminal charges on ground of employee’s unauthorized use of employer’s assets information and trade secret
  • Filing a lawsuit on behalf of the employee to recover the unpaid wage, severance pay, notice payment and unfair termination compensation


Construction & Real Estate Disputes

We act for owners, contractors, developers, landlords, tenants, investors, as well as high net worth individuals in connection with their planning, ownership and construction disputes. Most common disputes are over delays, defects, contract price and payment, final delivery, professional negligence, soaring costs and change of scope of work. We advise on the whole range of construction and real estate disputes, from the large, complex constructions to smaller projects.

What we do:

  • Advising on client’s existing legal standing (strength and weakness), merit of claim and the best ways to seek remedies
  • Assisting in negotiation and settlement with a counterparty
  • Serving lawyer’s demand notice
  • Drawing up a settlement agreement
  • Filing a lawsuit to the court or a claim to the arbitration body to recover the unpaid construction price and to seek remedies from the owner
  • Acting for the owner to seek remedies for contractor’s breach of contract
  • Filing a motion to the court to enforce an arbitral award
  • Defending the client when a lawsuit or a claim without merit is filled by a counterparty to the court or the arbitration body

Tax Disputes

If your tax return is challenged by the assessment official, then you have two options to deal with (and survive) the scrutiny. The first is to agree with the official’s interpretation of law or facts, and voluntarily pay the back tax and surcharge (interest) without the need to pay for the penalty. Secondly, if you disagree with the interpretation, then let the official make a tax assessment on your company. You can file an appeal to the appellate body to object the official’s tax assessment. The filing of appeal must be done carefully with a great attention to details when presenting your arguments, the applicable tax law and other supporting documents. Once the appellate body issues its ruling, and if you are still unhappy with its decision, then you need to bring the case to the court.

If you have any trouble with a tax authority, we can advise and initiate a proceeding. We represent clients on tax disputes at an assessment officer’s level, an appellate body’s level or a court’s level. While we are open to a possibility of negotiation with the tax authority, which may lead to the satisfactory settlement, we can also take the legal action to an appellate body and a court, depending largely on the merit of the case.

What we do:

  • Making representation on behalf of the client to relevant tax authority at the pre-assessment stage
  • Providing advice concerning the legality of the tax assessment made by a relevant tax authority
  • Preparation of notice of objection to the tax assessment and request for re-determination to the tax appellate body
  • Filing a lawsuit to the court to revoke the tax assessment
Other Business Disputes

Our advice is also sought in connection with the broad range of other business disputes our clients are likely to encounter:

  • Unfair business practice
  • Business tort claim
  • Trade secret
  • Intellectual property
  • Cross border disputes
  • Derivatives disputes
  • Product liability
  • Insurance disputes
  • Family law

What we do:

  • Reviewing the client’s existing policy and internal procedure to establish the client’s legal position
  • Assisting in negotiation
  • Drafting the necessary notices and agreements
  • Filing a lawsuit to the court or a claim to the arbitration body to seek remedies (monetary damages and specific performance) from a counterparty
  • Defending the client when a lawsuit or a claim without merit is filed by a counterparty to the court or the arbitration body


 


 




Our attorneys will walk
you through every step of litigation process, from evidence review, selection of witnesses to trial.
As your case is important to us,
we will communicate and familiarize the client with any particular strategy before we implement it.



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