Civil litigation as a continuation of sophisticated legal advice with other means
PUGNATORIUS Ltd. is the Bangkok-based specialist provider of transactional legal and tax advice on foreign investments in Thailand’s manufacturing and service industries as well as property transactions and developments. These services include the robust enforcement of clients’ rights and claims in civil litigation. The law firm treats a court dispute as a continuation of its support and advice as an investment law firm. Each step of the litigation is deeply embedded and integrated in the firm’s general management practice instead of isolating the case in a dedicated litigation department.
PUGNATORIUS Ltd. is available to independently evaluate the possible outcome of pending legal proceedings, the risks, and prospects of a specific case, and the advisable litigation strategy. The law firm takes the utmost care that the facts of the foreigner’s case are not lost in translation. Sophisticated management tools and proven protocols assure that legal aspects and professional considerations do not drift off unto them-selves during the litigation phase and, instead, that the forensic know-how is efficiently combined with the law firm’s legal expertise.
The law firm’s start of the litigation does not base on a “let’s see what will happen”-approach, but bases on clear process management and strategy. This is transparently communicated to the client and continuously monitored and assured. Litigation risks are identified and documented from the beginning. Comprehensive risk management assures that the litigation remains under control at all times. The negative facts, defense strategies, available options and suitable actions of the counterparty are thoroughly anticipated and an essential part of the case management, strategic decisions, and actions at the court and beyond.
The course of action: The PUGNATORIUS approach
Foreign acquisitions in Thailand’s real estate and industries are typically not structured as a fully protected investment. The foreign investor takes the risk of breach of contract, tort actions, misconduct, malpractice, and infringement cases. Also, contractual arrangements base amazingly often on blind trust, excessive good faith and a great lack of concerns in the land of smile.
When push comes to shove, gaps in the written documentation, even small violations of formal requirements, and inaccuracies in the accomplished procedures should be carefully and duly examined to avoid a devaluation of the scope of legal protection under the laws of Thailand. The statute of limitation rules (prescription period or time limit) have to be considered during the pre-trial negotiations. Documents, pieces of evidence, claims, answers, petitions, enforceable assets, and legal viewpoints should be reviewed and – as the case may be – prepared or updated before the statement of claim is formally made.
When seeking legal protection at Thailand’s courts, foreigners are potentially threatened by the risk that their investment scheme infringed Thailand’s foreigner legislation. Apart from non-compliance with the Foreign Busines Act, Thailand’s Land Code, and other rules and regulations, an over-simplified investment structure results sooner or later in a legal dispute with the Thai partners, co-shareholders, directors and executives, who take advantage of the Thai-friendly legislation.
Each case is different. Telephone inquiries and ad-hoc email requests on Thailand’s legal and regulatory framework without details and documentation are not accepted by the law firm. Individual support and professional advice are available under a paid consultancy agreement only.