OLAF DUENSING

Our Team

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Senior Partner

Olaf Duensing, a German-qualified attorney with extensive experience in corporate, real estate, and dispute resolution matters in Thailand since 2001. Olaf studied law at Christian-Albrechts University in Kiel, Germany, and Jean Moulin University in Lyon, France. He became a member of the Hamburg Bar Association (Rechtsanwaltskammer Hamburg) in 2001 and is a Fellow of the Chartered Institute of Arbitrators (FCIArb). Olaf has also lectured at the Golden Gate University summer law program in San Francisco, held in Bangkok.

As the co-founder of Duensing Kippen, a tax and legal advisory services firm, Olaf is actively involved in the legal community. He is a member of the Legal Committee of the American Chamber of Commerce in Thailand and a member of the Chartered Institute of Arbitrators – Thailand Branch.

Olaf’s clientele ranges from individuals to small, medium, and publicly listed companies, both within Thailand and internationally. His clients include renowned names such as Levi Strauss, Club Med, and Amanpuri.

Some Olaf’s recent client matters include:

Advising and representing a US based luxury hotel chain on its new THB 380 M (USD 12.6 M) hotel near Pattaya, Thailand
Advising and representing a well-known ultra-luxury “beach club” on setting up its club and hotel operational structure under relevant commercial and tax law
Advising and representing a large European candy manufacturer on setting up and operating its factory in Chonburi, Thailand
Advising a well-known US based hotel chain on its “vacation club” contracts for its sites in Bangkok and Phuket, Thailand
Advising a THB 900 M (USD 30 M) US based manufacturer on obtaining its BOI promotion and export certifications and on all related set-up and operational issues
Advising hundreds of clients for more than a decade in the acquisition, holding, and sale of real estate in Thailand
Advising and representing a Hong Kong based global funded real estate investment on a freehold land acquisition of 33 plots from 11 sellers for THB 437 M (USD 14.5 M); title upgrade and consolidation; and lease of the site for THB 500 M (USD 16.6 M) in Sichon, Thailand
Advising and representing the developer of an “ultra-luxury” 17 villa development on Koh Samui, Thailand
Advising and representing corporate acquisition/seller client in a THB 200 M (USD 6.6 M) complex multi-site real estate acquisition/sale in Mae Phim, Thailand
Advising and representing a US based luxury hotel chain in the acquisition of a land site for its planned THB 380 M (USD 12.6 M) hotel near Pattaya, Thailand
Advising and representing a Hong Kong based global funded real estate investment on a freehold land acquisition of 24 plots from 5 sellers for THB 300 M (USD 10 M); title upgrade and consolidation; and lease of the site for THB 320 M (USD 10.6 M) in Tong Ching, Thailand
Advising and representing off-shore corporate client in a THB 435 M (USD 14.5 M) villa purchase/land lease on Phuket, Thailand
Advising and representing a well-known ultra-luxury “beach club” on the acquisition of a site for its combined club, hotel and villa development location in Koh Samui, Thailand
Advising and representing a large European candy manufacturer in re-negotiating its land lease for its factory in Chonburi, Thailand
Successfully advised and represented a personal client in the acquisition, construction, and holding of a THB 60 M (USD 1.9 M) luxury villa property including adjacent facility properties using the long-term lease with mortgage security structure originally created by Duensing Kippen, Ltd
Advising a developer on the most tax efficient sale structure for a 22 high-end villa development on Phuket, Thailand
Preparing and advising on a tax efficient sale structure for an “ultra-luxury” 17 villa development on Koh Samui, Thailand
Advising a luxury villa development on tax issues, compliance and efficiency with regard to the development’s villa “rental pool”
Successfully defended a “super-luxury” villa developer on the resort island of Phuket, Thailand in a FIDIC construction contract dispute against a contractor/construction company claimant which concluded by way of and arbitration proceeding and award under the auspices 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
Successfully represented a non-Thai/foreign client in a ground-breaking “Freehold Option” litigation case. A “Freehold Option” in a lease agreement provides for the lessee to receive freehold title to the leased property if and when such is legally available. 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
Successfully obtained a THB 255 M (USD 8.5 M) international arbitration Award in a proceeding under the auspices of the Thai Arbitration Institute. The Tribunal’s sole arbitrator awarded the full amount claimed by our non-Thai investor client plus interest from the time the claim became ripe at 7.5%/annum. Agreeing with our legal arguments, 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
Successfully represented a respondent/cross-claimant client in a THB 90 M (USD 3 M) international arbitration under the auspices of the Thai Arbitration Institute. Our client defeated all three of the claimant’s monetary claims and was awarded three of the client’s four monetary counterclaims plus interest thereon and the client’s attorney’s fees and arbitration costs
Currently representing 7 respondent parties of a luxury villa resort developer and services operator located in Phuket, Thailand, in arbitration proceedings under the auspices of the Chamber of Commerce of Thailand, Office of Arbitration Tribunal, against 24 separate claimant parties claiming total damages in excess of THB 2 Billion
Currently representing the co-owners of a five-star hotel resort in Phuket, Thailand as “employers” in their two FIDIC construction contract disputes with a local “contractor”/construction company part involving a total amount in controversy exceeding THB 200 M (USD 5.5 M)