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.

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’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.

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 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.

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 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.

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.”

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).

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.”