Announcements

Another big DUENSING KIPPEN international arbitration win in Southeast Asia

In a recently concluded international arbitration proceeding under the auspicious of the Thai Arbitration Institute, the Tribunal's sole arbitrator, a Thai national, awarded DUENSING KIPPEN's non-Thai investor client the client's full claim amount plus interest from the time the claim was ripe at 7.5%/annum. The client's Thai joint-venture partner argued that the arbitration clause was ineffective so the Tribunal had no legal power to determine the issue presented and issue an Award accordingly. Alternatively, the joint-venture partner also argued that the DUENSING KIPPEN's client had breached the joint-venture agreement. However, the Tribunal found that: the arbitration agreement was valid; the client did not breach the joint-venture agreement; but that it was the Thai joint-venture partner who breached the parties' agreement.

DUENSING KIPPEN on arbitration in Amcham's bi-monthly business magazine

Olaf Duensing and Jerrold Kippen recently contributed their considerable collective arbitration expertise to the American Chamber of Commerce of Thailand's bi-annual business magazine publication: Thai-American Business or "T-AB" with an article entitled: "Arbitration: enforcing contracts out side of Thai courts". The article provides Amcham's business community with a general and accessible overview of the availability and high advisability of including arbitration as the designated dispute resolution mechanism in their business contracts. To view the article click on the following link and see pages 24 and 26.

Olaf Duensing from DUENSING KIPPEN to speak at Amcham Joint Committee Phuket event: 29 November 2012

On Thursday, 29 November 2012 the American Chamber of Commerce of Thailand's Legal and Greater Phuket Chapter Committees will be co-hosting: "Doing business in Thailand: 3 things you should know":
1) Doing business without Thai nominees
2) The increasing focus on criminal corrupt practices/anti-bribery legislation
3) Enforcing contracts outside the Thai court system: arbitration
Speaking on each topic will be three distinguished members of American Chamber of Commerce of Thailand's Legal Committee. Olaf Duensing was invited to lend his considerable arbitration expertise to the planel and will be speaking on topic (3) above. Jerrold Kippen, highly experienced in all three areas the panel will discuss, was selected to moderate the panel's discussions and interaction with the audience from whom questions will be taken at the conclusion of the presentation. The event will be held at and sponsored by The Royal Phuket Marina, Phuket. Registration starts at 4:00 p.m. The program begins at 4:30 p.m. and will wrap up at 6:00 p.m. with a networking reception to follow immediately after. The event will be free for American Chamber members and costs Thai Baht 100 for non-members. However, it is expected that the event will draw a very large audience and attendees are advised to contact the American Chamber to book their seats well in advance.

DUENSING KIPPEN announces strategic international expansion

DUENSING KIPPEN recently announced its much anticipated plans to expand its operations to Singapore. Singapore has long been among the main corporate and commercial centers in Asia. And, in recent years, Singapore has also become not only the leading arbitration proceedings seat in Asia but also joined the world-wide leading arbitration proceedings hubs. DUENSING KIPPEN is a recognized regional leader in corporate/commercial transactional and dispute resolution matters. Additionally, as one of the few "top-tier" arbitration specialist law firms in Thailand and the only such firm in Thailand with three Members of the Chartered Institute of Arbitrators (MCIArb) this strategic expansion was both natural and logical. DUENSING KIPPEN looks forward to practicing from and offering on the ground services to our international arbitration clients from the what is clearly Asia's leading arbitration hub with our expansion to our offices in Singapore.

Olaf Duensing delivers keynote address at IBAP's 2012 Business Fair

Olaf Duensing, in his role as a second term Board Trustee of the International Business Association of Phuket, presided over the opening ceremonies of the International Business Association of Phuket's Seventh Annual 2012 Business Fair held this year at the Jungceylon Mall in Patong, Phuket. This year's fair was held on 8 and 9 September and boasted over 30 delegate business exhibitors. Several thousand guests enjoyed the two full days of continuous entertainment and informative presentations. In his opening ceremony speech Olaf commended the vast diversity of the Phuket business community and its resilience in face of the current economic crisis.

DUENSING KIPPEN wins ground-breaking litigation case

DUENSING KIPPEN's non-Thai/foreign client purchased a luxury (THB 21 M/USD 700,000) condominium unit at Naithon Beach on the Island of Phuket, Thailand on a long-term leasehold basis. The lease agreement included a "Freehold Option" clause, which is a common provision in such lease agreements due to the significant restrictions on foreign freehold ownership of land in Thailand. The Freehold Option would provide for the foreign lessee to receive freehold title to the condominium unit if and when such was legally available. Although a common clause in such long-term lease agreements to foreign purchasers in Thailand, the developer argued it was not enforceable. In what is perhaps the first actual test of such provision, DUENSING KIPPEN successfully represented its client in enforcement of this provision with the Thai court ordering the immediate transfer of the freehold title to the unit to DUENSING KIPPEN's client.

DUENSING KIPPEN to the ICCA's 21st Bi-Annual Worldwide Arbitration Congress

As Thailand's leading commercial arbitration firm, DUENSING KIPPEN was invited by the International Council for Commercial Arbitration (ICCA) to send delegates to its 21st Bi-Annual Worldwide Congress on Commercial Arbitration. Olaf Duensing and Jerrold Kippen were 2 of the 3 delegates representing Thailand at the ICCA's largest ever Congress seated this time in Singapore. The Congress was attended by over 1,000 of the world's leading arbitration professionals and academics as well as several state justices and attorney generals and other top officials from over 60 countries. Given the particularly high-level nature of this rare event, the Chartered Institute of Arbitrators (CIArb) also sent a delegation of their highest officiating members. Olaf and Jerrold were also honored to accept the CIArb's President's invitation to a selected audience High Tea at the United Kingdom's Ambassador's residence just prior to the commencement of the Congress.

Jerrold Kippen interviewed on Phuket's Live 89.5 Radio

Jerrold Kippen was interviewed on Sunday, 15 April 2012 on Live 89.5 Radio's 1 p.m. to 4 p.m. program. For three hours Jerrold discussed issues and field questions from both the show's hosts and its listeners on issues within his core areas of legal expertise including arbitration, real estate, tax and corporate and commercial matters.

Olaf Duensing moderates IBAP program with Dr Thitinan Pongsudhirak

On 6th April 2012, Olaf Duensing moderated IBAP program with Dr Thitinan Pongsudhirak. April's IBAP meeting with guest speaker Dr. Thitinan Pongsudhirak, one of Thailand's most brilliant political minds, was most certainly the highlight of last years' IBAP events. The political insights presented by Dr. Thitinan Pongsudhirak, including his interpretation of the current political situation in Thailand, provided the IBAP members and guests with an eye opening exposure to the current political struggle that everyone living in the Kingdom is subject to. Dr Thitinan Pongsudhirak talked about the dim outlook of Thailand's near political future in his astute interpretation of the current Thai affairs. It was very useful for all attendees to get this realistic viewpoint from a local intellectual.

DUENSING KIPPEN wins major (THB 150 M + / USD 5 M +) ICC Arbitration Proceeding

DUENSING KIPPEN successfully defended a "super-luxury" villa developer on the high-end resort island of Phuket, Thailand in an arbitration proceeding under the auspicious of the International Chamber of Commerce. The amount in controversy was an approximate THB 150 M (approximate USD 5 M). The claimant's counsel was an international firm consistently ranked as or among the best in Asia and worldwide. The claimant's recovery was limited to a mere (approximate) 13% of the amount claimed.

DUENSING KIPPEN selected as the successor firm to Tilleke & Gibbins (Phuket)

In a widely reported turn of events, after almost seven years in the Phuket market, the well known Phuket law firm with a focus on property, Tilleke & Gibbins Phuket (T&G), closed down its Phuket office on 29 February 2012. Upon notice and with the consent of the T&G Phuket clients, Duensing Kippen took over professional responsibility for virtually all of T&G Phuket's client matters and files. DUENSING KIPPEN also took over what was T&G's Phuket Plaza Del Mar front office, near the entrance to Laguna, for purposes of meeting with clients. John R. Howard, former Joint-Venture Partner and Managing Director of T&G's Phuket operations, has joined Duensing Kippen in an "Of Counsel" capacity. Said John, "I concluded these arrangements to 'fill the void' for the clients left by T&G's cessation of operations in Phuket. The decision to approach Duensing Kippen involved considerations of integrity for T&G's Phuket clients and their work. We will be handling almost all T&G Phuket files moving forward, and in a way that will provide a seamless transition and equivalent top-tier professional services. Going forward, I wanted enhanced ‘horse power’ for the continuation of this practice, and Duensing Kippen has a stable of top-notch experienced lawyers, with a particular focus on property, corporate, and tax. Olaf Duensing has eleven years experience in Thailand, nine of which have been in Phuket. Jerrold Kippen has ten years of experience in Thailand including six in Samui and two in Phuket."

DUENSING KIPPEN now the only firm in Thailand with three Members of the Chartered Institute of Arbitrators

The Chartered Institute of Arbitrators is the world-wide recognized arbitration association and arbitrator certification authority. DUENSING KIPPEN is a recognized leader in arbitration practice in South East Asia. Specializing in both domestic and international arbitration DUENSING KIPPEN is now also the only law firm based in Thailand that has three Members of the Chartered Institute of Arbitrators (MCIArb).

Former Tilleke & Gibbins (Phuket) Partner joins DUENSING KIPPEN

In a widely reported turn of events, after almost seven years in the Phuket market, the well known Phuket law firm with a focus on property, Tilleke & Gibbins Phuket (T&G), closed down its Phuket office on 29 February 2012. Upon notice and with the consent of the T&G Phuket clients, Duensing Kippen took over professional responsibility for virtually all of T&G Phuket's client matters and files. DUENSING KIPPEN also took over what was T&G's Phuket Plaza Del Mar front office, near the entrance to Laguna, for purposes of meeting with clients. John R. Howard, former Joint-Venture Partner and Managing Director of T&G's Phuket operations, has joined Duensing Kippen in an "Of Counsel" capacity. Said John, "I concluded these arrangements to 'fill the void' for the clients left by T&G's cessation of operations in Phuket. The decision to approach Duensing Kippen involved considerations of integrity for T&G's Phuket clients and their work. We will be handling almost all T&G Phuket files moving forward, and in a way that will provide a seamless transition and equivalent top-tier professional services. Going forward, I wanted enhanced ‘horse power’ for the continuation of this practice, and Duensing Kippen has a stable of top-notch experienced lawyers, with a particular focus on property, corporate, and tax. Olaf Duensing has eleven years experience in Thailand, nine of which have been in Phuket. Jerrold Kippen has ten years of experience in Thailand including six in Samui and two in Phuket."

DUENSING KIPPEN expands

In the wake of its take over of Tilleke & Gibbins (Phuket) client matters and the former Tilleke & Gibbins (Phuket) Partener, John Howard joining DUENSING KIPPEN; DUENSING KIPPEN has added an additional Client Reception office i.e. the former Tilleke & Gibbins (Phuket) main office and has hired Khun Pathara Thampatpong (LLB.) to best serve its expanding client base. DUENSING KIPPEN is also currently in talks with the elite tax and legal firm throughout the Mekong delta region regarding possible inter-region association and is actively recruiting further top-notch legal and tax professionals for such future further expansion plans.

DUENSING KIPPEN closes THB 300 M (USD 10 M) + deal

DUENSING KIPPEN advised and closed in early 2012 a complex multi-party real estate acquisition on behalf of its acquisition client. Associate Partner, Weeraya Imchai was instrumental and was assisted in key matters by Associate, Tippaya Moonmanee.

DUENSING KIPPEN engaged to represent new THB 380 M luxury hotel project

DUENSING KIPPEN was recently engaged to represent an investor client in a luxury hotel project in the Pattaya area.

Jerrold Kippen leads Amcham legal committee seminar on Thailand's new REIT law

In a seminar hosted by the legal committed of the American Chamber of Commerce (Thailand) Jerrold Kippen chaired and moderated the meeting with a leading legal expert on the topic.

DUENSING KIPPEN to contribute regular legal column to Phuket's most widely read Newspaper

In April 2011 DUENSING KIPPEN became the legal columnist for Phuket's most widely read and respected newspaper, The Phuket News. In the first year of this association, DUENSING KIPPEN contributed seventeen legal articles published by the The Phuket News and looks forward to this ongoing opportunity to contribute to and educate the Thailand community regarding pertinent legal issues.

DUENSING KIPPEN closes THB 200 M (USD 6.6 M) + deal

DUENSING KIPPEN advised and closed in mid-2011 a complex muli-site real estate acquisition/sale on behalf of its acquisition/seller client . Associate Partner, Weeraya Imchai was instrumental and was assisted in key matters by Associate, Tippaya Moonmanee.

DUENSING KIPPEN retained to represent one of Koh Samui's most high-end luxury villa developments

In late 2010, DUENSING KIPPEN was retained to represent a super-luxury villa development on the island of Koh Samui, Thailand.

Olaf Duensing speaks on "Arbitration: if you are doing business in Thailand, why you should have it in your contract..."

In July 2011, Olaf Duensing was the guest speaker at the monthly meeting of the International Business Association of Phuket. Olaf delivered a two hour presentation on Arbitration in Thailand.

Olaf Duensing and Jerrold Kippen join American Chamber of Commerce legal and tax committees

Shortly after forming DUENSING KIPPEN early in 2010, Olaf Duensing and Jerrold Kippen were invited to join the American Chamber of Commerce's legal and committees to which invitations they accepted. Both are now long-standing and consistent contributing members of the committees.

Olaf Duensing selected as board trustee of the International Business Association of Phuket

Early in 2011, Olaf Duensing was nominated to stand for election to the Board of Trustees of the International Business Association of Phuket. Shortly thereafter, Olaf was indeed elected at the Association's annual elections and has been serving as a key trustee ever since.

DUENSING KIPPEN joins the International Business Association of Phuket

Shortly after forming DUENSING KIPPEN early in 2010, DUENSING KIPPEN was invited to join and did join the main commerce affiliation in Phuket, Thailand, the International Business Association of Phuket.