Hughes Krupica operates a small but efficient arbitration practice designed to assist primarily in disputes involving Thai and foreign entities.
ARBITRATION IN THAILAND
We have assisted both claimants and respondents in over 25 cases with on the whole ‘successful’ settlements or outcomes of proceedings when the merits of the case have been favourable to our clients. The measure of success is a combination of client perception on economic outcome and service delivery, compared to potential alternative outcomes.
Preliminary Review of Commercial Dispute
Prior to a case being instigated, we will assist review the procedural mechanics of an agreement to arbitrate usually contained as a clause in a commercial contract or implied by a set of exchanges between the parties. We will work with a claimant or respondent to assess the merits of the case through a fact and applicable law analysis. Some disputes may involve an interplay of several legal systems, but with one governing law for the contractual arrangement. We will then use a fee prediction analysis to assist assess costs for each stage of a dispute cycle including early settlement attempt stages.
Efficient and Thoughtful Settlement Attempts
Settlement is an ideal early cut off point to a dispute which can drain party resources including precious management time. However, the stance of an opposing party may be aggressive, uncooperative and/or evasive to cause delays to an obligation that cannot be fulfilled. Opportunism and exploitation can smother the good intentions of another party to resolve a dispute. During this process, astute dispute resolvers must be attuned to behavioural changes and the passage of time which may give rise to narrow windows of settlement opportunities. It is crucial to be prepared with a clearly computed and reasoned settlement offer or boundaries of potential acceptance.
A Full Dispute
If a dispute is destined to proceed through most of or the entire arbitral process, then preparation and organization is critical as a foundation of making the strongest case possible to the arbitral tribunal either as a claim or defense and possibly counterclaims. Competent arbitration counsel should be ready to assist clients with succinct explanations of each stages of the arbitral process, navigate through the preliminary stages such as arbitrator selection and appointment and case conference meeting, and prepare for the critical exchanges on disclosure, witness testimony and evidence preparation. Cross-examination is typically dealt with differently in arbitral proceedings to litigation proceedings and the system of arbitration must be approached with care to ensure it is used in keeping with its objectives and potential positive outcomes for clients.
For losing parties awards may be resisted or negotiated during resistance up until actual enforcement. For winning parties awards may be enforced in the jurisdiction of the relevant party’s assets, and will require jurisdiction specific processes to seek Court assistance and state department assistance with the enforcement procedures. This represents an additional element of time and expense on the overall arbitration process, and strategic planning and efficient management of interaction with the authorities is critical for success.
Other Forms of Dispute Resolution
Mediation is also increasingly useful as a tool to solve disputes and increasingly for more complex and higher value disputes than as per historical trends. The Singapore Convention on Mediation allowing for the recognition and enforcement of settlement agreements on reciprocal terms in implementing states sent a global signal on the rise of importance of early efficient dispute resolution, with a less hostile stance to facilitate potentially better outcomes. Market participants will continue to watch and learn from other industry players’ experiences of mediation, and those that can adapt from hostile adversarial stance to peaceful listening facilitating stance will be the most competent at enabling the full range of options to clients facing disputes.
Dispute Resolution Resources
Why Hughes Krupica?
Hughes Krupica has assisted various clients with International Arbitration in the local arbitration institutes in Thailand for dozens of cases over the last few years.
Hughes Krupica will clinically and categorically work on a strategy to ensure that the manner in which important information is used in arbitral proceedings is professional and adapted properly to arbitration as opposed to litigation.
An arbitrator’s hat is firmly fixed upon the head of our advisers when assisting on arbitration matters and we will answer your key questions: How much will it cost? How long will it take? How do the rules and procedures affect our strategy? What are the chances of settlement? What are the strengths and weaknesses of the other party(ies)’s case?
WELL INFORMED ARBITRATION-CENTRIC ADVICE
Geared to apply the proper actual applicable law governing your agreement; applicable procedural law and rules to your dispute.
EFFECTIVELY ORGANISING YOUR EVIDENCE AND WITNESSES
Conducting necessary preparation work on document collection and analysis; evidence preparation; practice witness hearings and testimony where appropriate; and using expert witnesses effectively in a cost conscious manner.
WHO WE WORK WITH
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