Commercial and Corporate Disputes
Operating a business has never been simple. When launching a new venture or signing a deal with a new partner, directors and managers expect the business to run smoothly with minimum disruptions. Yet, things do not always roll out as planned. Legal disputes can occur at different stages of the business which can create undesired outcomes and convolution for the parties involved. These could include breach of contract, conflict amongst shareholders, and violation of corporate regulations, for instance. These challenges may result in a delay in the project and can potentially damage the relationship between partner companies.
Though in cases of commercial and corporate disputes, it is difficult to avoid negative consequences altogether, the detriment can be minimized, and litigation risk reduced with support from a competent legal representative.
At Siam Legal, our litigation team assists corporate clients on a broad range of dispute matters, such as debt and fraud concerns, and contractual disputes between investors or partners, to name a few. The team of experts offers robust advice while taking the client’s business interests into account. We consider the optimal dispute resolution and alternative strategies that would help our client save time, effort, and money. With our deep understanding and expertise in corporate and commercial disputes along with extensive experience in litigation cases, we are able to accommodate both local and international clients across different industries.
The ultimate approach to resolving a dispute is to work smart and efficiently by assessing the client’s position and all the options available before resorting to litigation.
The legal system in Thailand may be different compared to the system implemented in other countries. The representatives at Siam Legal can help international clients understand the laws and processes with regard to litigation and dispute resolutions in Thailand. We will guide the clients through all stages of the process from documentation review, and evidence preparation to representing the clients in court.
Alternative Dispute Resolution and Litigation Process
In Thailand, litigation is not particularly a preferred solution. Instead of going through a lengthy and costly process of filing a lawsuit, many corporate and commercial disputes are handled through alternative dispute resolution. The common options are mediation and arbitration. These have become common and effective approaches in the Thai legal system.
Alternative dispute resolution refers to the means of settling a dispute without involving court proceedings. This procedure is mostly employed in situations that are likely to be unraveled through negotiations between opposing parties.
One of the most prevailing alternative dispute resolution methods is mediation. This method allows both parties to present their cases, discuss the issues and possibly come to an agreement with the facilitation of a neutral third party. This requires mutual consent from the parties involved. In an event where a satisfactory outcome is achieved through mediation, the parties may enter into a legally binding agreement addressing the compromised areas.
If the parties failed to resolve the dispute through mediation, arbitration is often the next favored course of action to take. In the arbitration method, the involved parties select a third-party arbitrator to whom they can testify and provide evidence. Unlike mediation, the arbitrator has the power to decide on the outcome. Thus, before the process takes place, the opposing parties must agree to comply with the arbitrator’s final verdict.
The alternative dispute resolution offers flexible and cost-effective methods using a structured process where the parties can reach a mutually agreeable conclusion by means of communication and negotiation. This way, the parties have more control over the outcome of the dispute case compared to a judgment imposed by the court. Additionally, these methods help safeguard the relationship between partners that may potentially turn sour from the prolonged court process that determines who wins or loses.
What is the Litigation Process in Thailand?
In simple terms, litigation is when the case is taken to a court trial by filing a lawsuit. The outcome of the case will depend on the court’s decision. If the party is entangled in a corporate or commercial dispute where compromising is not an option, the litigation process may need to be carried out in order to find a solution to the controversy.
The litigation process can be extremely time-consuming subjecting to the complexity of the evidence and the case itself.
For foreign business dealers, the process may be perplexing as they are unfamiliar with the Thai litigation procedures. Our bilingual Thai lawyers can help explain the process in detail to ensure a complete understanding during each phase.
Hence, the first step to take once a dispute occurs is to seek advice from a qualified legal counsel who will thoroughly examine the situation and evidence available with the aim to put forward an optimal solution for the client.
Our highly skilled team will ensure that they possess in-depth knowledge and awareness of the case and the parties’ stances to confidently represent the client in every negotiation or trial. Careful and comprehensive preparation is the key to delivering desired results for the client’s best interests.
Representatives from Siam Legal are equipped with understanding and experience across a broad spectrum of cases including complex issues involving local and international firms. We are well acquainted with and accustomed to the legal system in Thailand. Moreover, our insights into the culture and Thailand’s business practice allow us to assist our clients from square one through to the settlement of the conflict.
Upon assessing the situation, Siam Legal will consider and explore the feasible routes around different forms of dispute resolution to be able to provide strategic advice on the most appropriate and effective way in moving forward.
Should litigation become the only remaining approach, our corporate and commercial litigation lawyers are prepared for the challenge and will represent the clients for trials until completion regardless of the complicacy of the case.
Once the final verdict is delivered, we will continue to assist our corporate and individual clients in ensuring the court order is executed and enforced in an appropriate and timely manner.
For any matters regarding corporate and commercial disputes, please contact us for practical and personalized advice that will help you achieve favorable results.