Announcements
Olaf Duensing to speak Friday, 22 November 2013 at "CURRENT REAL ESTATE TOPICS”
Olaf Duensing will be speaking on "The 'Secured Leasehold' Development Structure – Is there a more secure alternative?” at "CURRENT REAL ESTATE TOPICS—Combined Legal Committee/Greater Phuket Chapter Committee of the American Chamber of Commerce". Other topics will include: “Regulating Estate Agency in Thailand”; and "Big Development News in Phuket Real Estate”.
Speakers include: Stuart Reading, Director – Laguna Resorts and Hotels
David Simister, Chairman – CBRE Thailand
Dexter Norville, Director – Jones Lang LaSalle (Thailand) Limited
Olaf Duensing, Partner – Duensing Kippen
Andrew Batt, International Group Editor – PropertyGuru.com
Nina Serebryakova, Managing Partner – Sereb (Phuket); Project Director – Thailand Certified International Property Specialist (2013); and Member – NAR (National Association of REALTORS)
Shine PR’s Natasha Eldred will moderate the event. Questions from the audience to all speakers as a panel and answers will be taken after all presentations. The event is open to the public and is a great chance for real estate professionals, those working in any real estate related business as well as anyone invested in or thinking of investing in real estate in Thailand to gain valuable insight into these current topics.
Registration for the event, which is co-organized by the Greater Phuket Chapter and Legal Committee of the American Chamber of Commerce (AMCHAM) begins at 4:00 p.m., event 4:30 p.m. to 6:30 p.m. Admission is THB 100. The venue and networking, which will follow the event, is kindly provided by our host The Angsana Laguna Phuket.
To sign up for the event, please visit the website www.amchamthailand.com, contact Sheree Tanpensuk by email – sheree@amchamthailand.com or telephone 02-254-1041 ext 212.
DUENSING KIPPEN organizes and moderates Thailand’s leading practitioners' discussion of the Thai Arbitration Institute’s new arbitration rules
In his capacity as a member of the Legal Committee of the American Chamber of Commerce, Jerrold Kippen recently organized and moderated a presentation and discussion of the current draft of the Thai Arbitration Institute’s new rules for the conduct of arbitration proceedings under its auspices. DUENSING KIPPEN invited Khun Prachya Yuprasert - Director of the Thai Arbitration Institute, to present the draft, and to highlight the proposed changes to the current rules. Questions and comments from the audience were taken and moderated by Jerrold after the presentation. To facilitate the discussions DUENISING KIPPEN provided all in attendance with an English language translation of the draft rules/changes. The event was attended by over 30 of Thailand’s leading domestic and international arbitration practice specialists from 11 firms. Following on Jerrold’s question and Khun Prachya’s welcoming invitation in reply, Jerrold is now leading the preparation of an informal white paper of comments on the draft rules by the practitioners in attendance which will be submitted to the Thai Arbitration Institute for their consideration shortly.
Olaf Duensing speaks on regulating real estate agency in Thailand
Olaf Duensing and Jerrold Kippen have been working in their capacities as Partners at DUENSING KIPPEN and as members of the American Chamber of Commerce of Thailand’s Legal Committee to explore and possibly prepare a proposal to the Thai government regarding regulating the professional practice of real estate agency in Thailand to accord with international standards. Accordingly, by invitation on Saturday, 24 August 2013, in Pattaya, Olaf Duensing will speak to this much needed regulation at the "Thailand Real Estate Future, ready for AEC 2015", How you see ASEAN integration and the proposed “licensing” for Real Estate Agents working?" forum organized by The Real Estate Sales and Marketing Association of Thailand, in conjunction with the National Association of Realtors (NAR), the world’s leading real estate association, who have joined forces to present this educational forum. The NAR's global headquarters is in the United States with a membership of over 1.3 million individual members and 80 Real Estate organizations with more than 60 countries connecting a worldwide real estate network of global markets. The event organizers hope that this will be "the first step towards standards for the Thailand real estate industry and real estate licensing for agents."
Jerrold Kippen represents Thailand as a delegate to CIArb's 2013 International Arbitration Conference
By invitation Jerrold Kippen will be representing Thailand as a delegate at the Chartered Institute of Arbitrator's annual international conference on 22 - 24 August 2013 in George Town, Penang, Malaysia. The event is expected to be attended by some 300 delegates from over twenty-five countries and will bring together the world's leading arbitrators, arbitration scholars and arbitration counsel practitioners.
DUENSING KIPPEN successfully represents a major international corporate brand in arbitration
DUENSING KIPPEN's client, a well-known international vacation club company, was recently hailed to civil court in Thailand by the client's former construction contractor. DUENSING KIPPEN Associate Attorney, Tippaya Moonmanee, argued that the complex contractual arrangement between the client and contractor provided a cognizable arbitration agreement under the Arbitration Act of Thailand, the contractor must pursue its claim by way of the international arbitration mechanism provided in the contract, and that the suit must be dismissed. The court agreed and the suit was dismissed.
DUENSING KIPPEN engaged to represent ultra-luxury villa resort developer
DUENSING KIPPEN has been engaged to represent a global ultra-luxury villa resort brand to represent it in constructing and structuring and operating its approximate THB 450 M/USD 15 M single resort villa site on the island of Yao Noi in Phang Nga, province near Phuket, Thailand.
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.
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