Civil litigation as a continuation of sophisticated legal advice with other means
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 noncompliance 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.
Course of action: The PUGNATORIUS approach
PUGNATORIUS Ltd. treats the court dispute as a continuation of its support and advice as a premium FDI-focussed business 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. The litigator is focussed on his/her forensic expertise, knowledge of the procedural rules and court practice as an essential but not as the comprehensive aspect of winning the case.
The law firm takes the utmost care that the facts of the case are not lost in translation. Sophisticated management tools assure that legal aspects and considerations do not drift off unto themselves during the litigation phase and, instead, that the legal opinions on all aspects are consistently applied.
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 and 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.
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. Further information is available on request.