Practice Areas

Overview

Our services in this field are multitudinous and cover a large scale of works: from providing legal advice on general queries, preparing all documentation regularly requested by clients such as financing documents, security documents etc., through to providing advice on legal aspects of innovative financial products to fit clients’ requirements and needs.

SCL Nishimura has one of the most experienced and dynamic groups of banking specialists in the region. We advise a number of leading corporate entities, financial institutions and governmental departments.

We provide advice on all legal aspects of banking and financial products. Our vast and varied experience means that we are fully accustomed with all of the complex legal issues banking and finance transactions raise and we provide our clients with first-class legal advice.

Our partners have a huge pool of experience, which enables them to provide sound technical advice to clients, whilst taking their commercial realities into account. Many different entities and individuals have come to rely on our expert advice and wide-ranging commercial experience.

Partners

Overview

Our lawyers have the expertise to affect all types of transactions and have represented both debtors and creditors in various industries regarding bankruptcies and insolvencies, and business reorganisation proceedings; as well as representing the planner and the planning administrator in business reorganisation cases. We represent a multitude of different clients, including:

  • Corporate debtors
  • Agents
  • Official and unofficial creditors’ committees
  • Principal finance and private equity sponsors
  • Financial institutions
  • Accountants
  • Financial advisers

Partners

Overview

Corporate and commercial work is the very lifeblood of our group’s private practice.

The ever-changing business climates of dynamic markets and trends, as well as adjustments made to the legal framework, require successful companies to constantly anticipate and adapt in order to plan for success. In this context, in terms of large multinationals, medium-sized companies, domestic businesses and/or strategic and financial investors, making the right choice is more than just deciding whether to embark on a corporate acquisition, undertake a merger or undergo a restructuring. More often than not, it is also about how to execute the decisions made. Selecting the right advisors and partners to act as your guides for the proverbial ride is therefore of equal importance. As our clients, we accompany you every step of the way along your chosen path, imparting confidence not only in our legal competence, but also in our business acumen and breadth of knowledge of all industry sectors.

The depth of our expertise, together with our international experience and extensive skills and resources, allows our corporate & commercial practice group to effectively service a broad range of Thai and international clients, assisting both private and public corporations alike with the establishment of many forms of domestic and cross-border corporate vehicles and strategic alliances. Business organisation and structure, foreign business law, investment law, joint ventures, dissolution and liquidation, corporate recovery, mergers & acquisitions, exchange control laws, share sales and purchases, public offerings, listing on and delisting from the Stock Exchange of Thailand, just to name a few, may be unchartered waters for our clients. But for us, providing advice on these complicated matters and procedures is our day-to-day business. This experience, together with our constant focus on the individuality of each case allows us to pave the way for a smooth transition. We work closely with our clients in order to conceive, develop and negotiate everything from simple to highly complex commercial agreements and challenging transactions for individual projects, assisting in all phases of the deal.

We also provide company secretarial services such as drafting, filing and maintaining clients’ corporate documents (including inter alia, notices, meeting minutes and list of shareholders), and filing applications for changes of directors and their authorities.

Overview

We routinely advise clients on labour matters and various aspects of Thai labour laws. We provide legal opinion on work rules and regulations in order to ensure their compliance with Thai labour laws. We also have many years of experience in litigating labour cases, representing either the employer or employee. We have extensive experience in all aspects of Labour& Employment Law, from claims in the labour court and employment law disputes, to drafting employment contracts and dealing with dismissal issues. Our experience and expertise is multifarious, including:

  • Employment advice: we provide strategic advice pertaining to employment agreements, work rules and regulations, benefit plans, wage and hour disputes, worker’s compensation, labour protection, conditions of employment, executive compensation, social security, provident funds and safety issues.
  • Situations arising from mergers and acquisitions and restructuring.
  • Conflicts within the workplace, such as labour demands and strikes.
  • Employment and Labour Litigation: termination of employment claims, sexual harassment claims and enforcement of restrictive covenants related to competition and trade secrets.
  • Provision of advice in connection with the Social Security Act B.E. 2533/A.D. 1990, the Labour Protection Act B.E. 2541/A.D. 1998, the Provident Fund Act B.E. 2530/A.D. 1987, the Labour Relations Act B.E. 2518/A.D. 1975, the Civil and Commercial Code B.E. 2468/A.D. 1925 pertaining to the hire of services, the Workmen’s Compensation Act B.E. 2537/A.D. 1994 and the Establishment of and Procedures for Labour Court Act B.E. 2522/A.D. 1979.

Overview

We assist clients in applying for work permits, visas and other required documents. We provide legal opinion in relation to all queries clients may have in respect to the Alien Employment Act and other relevant regulations.

Partners

Overview

We provide assistance to clients on the prosecution of geographical indications, integrated circuits and plant varieties, recordation of their copyright work and the provision of advice pertaining to IP rights. Our partners were entrusted by the Ministry of Commerce to be on the Drafting Committees for these relatively new areas of IP law.

We have handled franchise agreements and memberships of franchise associations, as well as advised clients on the legal issues relating to franchise agreements.

Overview

SCLI assists clients within the international trade field in many different areas, e.g. defending against countervailing or anti-dumping duty petitions filed.

We assist clients with matters involving the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT), and its accompanying agreements. We monitor services regarding legal developments under the laws of Thailand’s major trading partners and under the WTO.

With strong and strategic relationships, SCLI has the unique ability to assist companies and government agencies with any matter involving international trade.

Partners

Overview

Our services include advising clients on relevant laws and regulations applicable to investment, appropriate investment structure and applying for licences and permits required by different laws, including Board of Investment (BOI) privileges under the Investment Promotion Act.

We advise on all aspects of investment management as well, including fund formation, business establishment, licensing, tax and M&A. We also provide advice on the latest developments with regards to anything that may affect the investment management industry.

It has become a necessity, now more than ever, for industry players to seek specialist advice. Our professional lawyers have the experience, the knowledge and the acumen to address any needs you may have and help predict your next challenge. We provide the legal innovation that sets us apart from the competition.

Many international companies have come to rely on our services in Thailand over recent years as regards international investment and we are both supremely capable and confident of continuing this international investment trend.

Partners

Overview

Here at Chavalit & Associates, we recognise that almost every corporate deal encompasses intellectual property. Our IP Practice Group is structured around experienced professionals with vast experience of all aspects of Law, with specific knowledge in all areas of law involving intellectual property.

Our extremely well-known and successful Intellectual Property Practice, under the name of Chavalit & Associates, represents a multitude of major national and foreign clients in complex, multi-jurisdictional disputes on intellectual property rights. Our IP law practitioners regularly advise and assist on both litigation and arbitration proceedings concerning matters of copyright infringement, patents, breach of confidence, trade secrets, trade names and trademark violations, as well as IT and telecommunications laws. We are adept at implementing national and international litigation and anti-counterfeiting strategies in order to achieve the right outcome for our clients. Most importantly, being a modern, consultative and forward thinking firm, we are also very capable of using settlement, alternative dispute resolutions and mediation whenever such methods can provide a better solution for the needs of our clients.

We tackle ever evolving IP issues within transactions and also in response to strategic questions regarding the protection or exploitation of important intangible assets. Our practice concentrates on the enforcement and defence of intellectual property rights through the civil or criminal courts, customs or other administrative agencies. Lawyers within this group have played a leading role in the development of jurisprudence (the theory and philosophy of law) and procedures in the enforcement of intellectual property rights in Asia.

Many of our IP lawyers focus on specific sectors, thus giving them an advanced knowledge of how IP is executed in practice. Intellectual property deals with technical and specialist subject matter, so it is important that we have a team of highly skilled, technically minded professionals with the ability of regularly achieving successful conclusions.

Overview

Our services in this field extend to the full range and scale of real estate matters, including assisting clients in the acquisition, disposal, lease, mortgage, tender and/or development/redevelopment work, for all kinds of private and commercial properties. The team’s client base, which includes both private and corporate landowners, government entities, regional and international developers, amongst others, highlights our growing reputation as a leader in terms of the development of real estate practice in the region. Services provided include:

  • Acquisition & Disposal: buying and selling residential and commercial property in Thailand, and providing all manner of advice pertaining to such.
  • Real Estate Leasing: we provide advice on all aspects of commercial leasing.
  • Property Finance: leasing, corporate acquisitions and sales, secured lending and joint ventures.
  • Project Development: providing advice on property development and construction projects, including site acquisition, planning issues, funding, letting, disposal and property management.

We act for some of the real estate industry’s biggest players, providing advice on the full range of real estate related transactions. We handle the entire cycle of property transactions; from the initial acquisition, right through to the development, leasing, financing and exit strategy.

Partners

Overview

In Thailand, disputes between parties were traditionally resolved by litigation in courts or tribunals. However, in recent years there is a growing trend towards the use of other forms of dispute resolution, such as mediation and arbitration. At SCL, we assist clients in pursuing different ways of dispute resolution depending on the nature of disputes and the needs of the client.

Our Litigation & Dispute Resolution practice enjoys an outstanding reputation locally as well as regionally. The cumulative expertise of our litigators and advocates, gained over many years of national and international litigation, mediation and arbitration proceedings, both in and out of court, is the prime basis for the successful resolution of many commercial conflicts we have been involved with.

With teams of lawyers well versed in varied fields of law, we routinely deliver on our commitment to develop superior negotiation and litigation strategies which will achieve the goals and safeguard the interests of our clients to the best possible degree. We have a number of experienced litigators and arbitrators to serve our clients needs. Together with the use of technology and help from our team of paralegals, executives and professional support lawyers, we provide top quality and cost effective services to our clients in resolving their disputes.

The litigation team regularly collaborates with clients and counterparts in order to identify and execute the most advantageous business-oriented solutions, either by pursuing or defending litigation proceedings, or through alternative dispute resolution (ADR) methods, such as arbitration and mediation. Our counsels frequently act for, give advice and support a vast array of clients in diverse industries, including governmental institutions, state enterprises, multinational corporations, financial institutions, international organisations, national conglomerates and private individuals of high net-worth. In addition, we are often called upon by our clients to provide pre-litigation advice and develop strategies to protect their interests. We also represent clients on urgent and large scale disputes, enquiries and other similar matters that demand substantial resources and expertise. Matters we typically handle comprise of:

  • pre-litigation extrajudicial settlement endeavours, either as active negotiators or by providing background assistance;
  • a myriad of civil and commercial disputes and proceedings;
    criminal proceedings involving disputes arising in corporate or commercial contexts;
  • corporate and post-M&A disputes;
  • business reorganisation, insolvency and bankruptcy litigations;
  • domestic and international arbitration proceedings;
  • labour and employment law disputes and proceedings;
  • construction disputes;
  • product liability claims and consumer protection proceedings;
  • a range of public and administrative laws, as well as constitutional law matters and proceedings;
  • complex, multi-jurisdictional, intellectual property disputes and proceedings.

Furthermore, Chavalit Uttasart, SCL Law Group’s Managing Partner and head of our Litigation & Dispute Resolution Practice, has recently been named as a recommended dispute resolution lawyer in the “PLC Cross-border Dispute Resolution Handbook” (“Which Lawyer?”), in addition to being “highly recommended for contentious work” by Legal 500 Asia Pacific.

Partners

Overview

We have a strong background in providing legal services to clients in relation to mergers and acquisitions (M&A). Our services include conducting legal due diligence, providing advice on the structure of the transaction and business, providing legal opinion on issues in relation to the preparation of all required documentation, such as sale and purchase agreement, shareholders agreement and confidentiality agreement, among others.

Our leading position in Thailand is due to our M&A team having played a crucial role in some of the largest and most complex deals in Thailand’s recent corporate history.

Our experience spans a broad range of industries and our strong and enduring relationships with leading financial advisers and regulators enable us to play an effective part in any advisory team.

Partners

Overview

We handle all aspects of patents. Well-honed capabilities in science and technology, as well as peerless courtroom skills: complex patent and scientific litigation demands the best of both worlds.

We have a number of technical staff with backgrounds in biotechnology, chemistry, industrial design and mechanical, electronic, computer and electrical engineering. The services include:

  • filing domestic and international patent applications;
  • planning strategies and providing advice in terms of filing patents and drafting specifications and claims;
  • provision of advice pertaining to infringement, enforcement and freedom to operate;
  • conducting IP due diligence.

We have considerable experience in advising clients and acting in patent disputes across a broad range of industries and technologies.

Overview

Our vastly experienced lawyers provide astute advice on the complex financing aspects of projects in a range of industry sectors. Such complexities necessitate experience in many different areas of law. In response to these complexities, and to provide effective representation to our clients, SCL is able to draw on its vast pool of legal experience in related fields of practice, including real estate, transportation, energy and telecommunications sectors.

We have assisted a multitude of financial institutions, private investors and governmental units in a number of projects, including a PEA Project relating to computer systems and an EGAT Project relating to ERP systems.

Additionally, we assist clients in reviewing all bidding terms and conditions, prepare the required documentation, negotiate with all concerned parties and provide sound legal opinions.

We understand that every transaction has its own unique demands, which means that our team must be flexible when anticipating and facing the potential challenges. We will work closely with you in order to best understand your business, your objectives and your approach to the deal.

Partners

Overview

We provide a full range of legal services, including those on equity and debt securities, and hybrids to assist issuers and financial intermediaries to raise capital. We have acted on behalf of not only issuers and underwriters, but also fund managers in advising many companies on initial public offerings (IPO), listing on the Stock Exchange of Thailand (SET), private placement of securities (PP), bonds, warrants and other financial instruments.

We provide our legal services to a plethora of companies, organisations and institutions, from many different industries. Our securities lawyers use local market knowledge, international experience and a deep knowledge of industry-specific issues to ensure we provide the very best solution for the client, irrespective of where they are situated.

Partners

Overview

Taxes play a vital role in any business undertaking. Practically all commercial and financial transactions will have tax implications, thereby making tax considerations essential when doing business. Our expert team of specialist taxation practitioners is receptive to the practical tax issues of doing business in Thailand. Together with our diverse experience and international dimension and networks, we are also in the best position to assist both listed and non-listed local, and multinational corporations, as well as high net-worth individuals, plan tax structures across various tax jurisdictions.

Our taxation practice advises and represents a broad spectrum of clients on cross-border and domestic corporate and general transactions. Our team regularly counsels clients on both general and stand-alone taxation matters with respect to business transactions, such as takeovers, complex corporate acquisitions and dispositions, financing techniques, partnerships and other joint ventures, real estate and bankruptcy reorganisation plans; as well as tax planning for clients from a myriad of industries. In the case of tax assessment by customs or revenue officers, our long association with the public sector and the working relationships we have built up over the years gives us a professional advantage in terms of liaising with relevant officers and settling cases, in addition to defending client’s interests before tax authorities in appeals and, where applicable, litigations in the Central Tax Court.

Whether we are assisting a tax director on a complex regulatory provision, counselling a corporate lawyer in structuring a multi-party international transaction, working to resolve a tax controversy or advising in legislative and regulatory tax matters, our services are designed to craft tax efficient structures for our clients that satisfy their business and financial concerns. We strive to understand our client’s needs, backgrounds and objectives to the utmost, and in meeting those goals by applying our collective expertise, knowledge, creativity and positive working relationships with tax authorities to the task.

We relentlessly aim to provide our clients with solutions which are not only optimal from a tax-efficient perspective, but also realistic and most importantly, enforceable.

Partners

Overview

The dynamic nature of the Communications and Technology industries necessitates a combined institutional knowledge and experience, which Chavalit & Associates is strategically placed to offer. Our proven ability in providing sound advice to our clients is reflected in the wide range of projects we are involved in, from traditional regulatory and transactional work in telecommunications right through to providing representation involving advanced technologies, convergence and the internet.

We provide advice to Thai and foreign business operators regarding the telecommunications laws, electronic transactions laws, computer related offences laws and other relevant laws, such as contracts, taxation, regulatory requirements, consumer protection, dispute resolution and litigation. Our services also extend to the registration of domain names and online dispute resolution. More significantly, our partners and associates have taken pro-active roles in advising and assisting competent governmental authorities in drafting the national IT laws and regulations.

Overview

Chavalit & Associates handles all kinds of trademark services, provided by experienced legal professionals. The services include:

  • trademark prosecutions;
  • trademark and service mark licence agreements registration;
  • searching and pre-filing advice;
  • application filings and prosecution;
  • prosecuting or defending trademark opposition proceedings;
  • prosecuting or defending trademark invalidation or non-use revocation proceedings;
  • recording of trademark assignments/changes, mergers, oppositions, cancellations, changes of name or address;
  • trademark renewals;
  • customs surveillance recordal.

Chavalit & Associates provides an international trademark registration service covering jurisdictions throughout Asia and other parts of the world.