Niruch is a partner in the dispute resolution and litigation practice, with a wealth of experience in advising both local and international clients on dispute resolution, commercial and business litigation, domestic and international arbitration, administrative law, labour/employment law, white-collar crime, enforcement of security interests, insolvency & bankruptcy matters.  He has served as lead counsel in many of the most significant cases and transactions in Thailand as their trusted business advisor and is highly sought-after for his in-depth legal knowledge and extensive litigation experience in a wide range of industries including automotive, transportation, banking, insurance, and financial services.

Languages

    • Thai
    • English


Publications and presentations

    • New TAI Rules 2017 – welcome changes for the Thai arbitration institute in Lexology: Law Business Research


Awards and Rankings

    • Asia Super 50 Disputes Lawyers by Asian Legal Business, 202
    • Recommended Lawyer in Dispute Resolution by the Legal 500 Asia Pacific 2020


Education and admission

    • LL.M in Tax Law, Queen Mary, University of London, UK
    • LL.B (Honors), Chulalongkorn University, Thailand
    • B.Ec (Monetary Economics and Finance – International Program), Thammasat University, Thailand

Professional Qualifications

    • Thai Barrister-at-Law, the Thai Bar Association
    • Legal Practitioner, the Lawyers Council of Thailand

A selection of matters in which Niruch has been involved include:

Administrative Disputes

    • Defending one of the eight subsidiaries of one of the largest wind farms in Southeast Asia with a total capacity of over 700MW and over 10 licenses from EGAT (Electricity Generating Authority of Thailand).
    • Representing a retailer of materials and household-related products in Thailand against an administrative expropriation order by the Department of Highways.
    • Representing Advanced Info Service Public Company Limited (AIS) on its claims against a former state enterprise of the Thai government.
    • Representing an international joint venture in claiming one of the most complicated construction disputes against a state enterprise at the Thai Arbitration Institute (TAI).

Alternative Dispute Resolution including Arbitration

    • Representing one of the largest national petroleum exploration and production companies in Thailand concerning its arbitration dispute with a helicopter service provider.
    • Representing one of the world’s leading professional accounting services firms in connection with a partnership dispute at the Thai Arbitration Institute (TAI) arbitration proceedings.
    • Representing a Japanese international trading company in the enforcement of the International Cotton Association (ICA) arbitration awards against Thai textile companies in the Thai courts.
    • Representing a major Japanese insurance company against reinsurance companies under the Thai Arbitration Institute (TAI) for indemnity over the floods in 2011.

Construction Disputes

    • Advising a leading development company on a civil case against an international construction company for damages incurred totaling more than THB 3 billion (USD 96.6 million).
    • Representing an international energy solution and transport company in a claim relating to equipments malfunction in a hydropower dam project in Lao PDR.
    • Representing an integrated Engineering, Procurement and Construction (EPC) company in Thailand concerning arbitration dispute under construction contracts.
    • Representing a major Japanese company against claims totaling THB 3,106 million (USD 100 million) in connection with its construction of a gas turbine power station in South East Asia.

Commercial Disputes

    • Representing one of the largest Japanese apparel companies involving several million THB claims by its supplier.
    • Representing one of the largest national petroleum companies in connection with its investigation and litigation concerning its palm-oil business totaling THB 22.6 billion (USD 727 million).
    • Advising on a potential claim against one of the largest truck companies in Thailand concerning an accident inside its manufacturing premise.
    • Representing one of the leading UK Universities in connection with a claim against one of Thailand’s leading professional legal services firms.
    • Representing a group of investors concerning their investment claims against fraudulent companies and directors.

Labour and Employment Disputes

    • Representing the largest solar farm company in Thailand in relation to unfair dismissal claims by one of its directors.
    • Representing an investment company in the court on a dispute involving directors in the company claiming for additional employment and compensation benefits in the total sum of THB 54 million (USD 1.6 million).
    • Representing a major Thai security brokerage company in connection with the claim of several million THB by its former management before the Labour Courts of Thailand.
    • Representing one of the world’s leading professional accounting services firms in relation to an unfair dismissal claim by one of its partners.

Restructuring and Insolvency

    • Representing a total of 87 savings co-operatives consisting of state-owned enterprises, universities, corporations and hospitals, the largest group of creditors of Thai Airways International Public Company Limited (THAI) in THAI’s business rehabilitation proceeding, holding an aggregate debt of THB 45.65 billion or approximately 65% of the airline’s debenture debts and 13% of the airline’s total debt.
    • Representing AEC Securities PCL., Country Group Securities PCL., Srisawad Finance PCL. (BFIT), and Volvo Group (Thailand) Co., Ltd., creditors of THAI’s business rehabilitation proceeding in connection with their debt claims with THAI.
    • Representing several high net worth individuals who are creditors of THAI’s business rehabilitation proceeding in connection with their debt claims with THAI.

Litigation on bills of exchange and promissory notes

    • Representing a full-service brokerage firm providing services including securities brokerage, and investment advisory on its defense against investor claims on debt securities that were sold five years ago and went default amounting to THB 200 million (USD6.1 million).
    • Representing a default claim against a listed energy company for payment of bill of exchange and bond in the amount of THB 300 million (USD 9.7 million).
    • Representing a default claim against one of the largest automobile parts companies in Thailand for payment of bill of exchange and bond in the amount of THB 270 million (USD 8.7 million).

Tax Disputes

    • Representing one of the largest petroleum retailers in Thailand regarding complex petroleum tax litigation in the Thai Courts, in claims for THB 13 billion (USD 420 million).
    • Representing one of the largest trucking companies regarding an excise tax dispute.

Criminal Cases

    • Representing a high net worth individual client on their defense against criminal allegations related to fraudulent documents.

latest news

thai airways business rehabilitation

Kudun & Partners is officially appointed as the Legal Counsel of the Creditors’ Committee in Thai Airways Business Rehabilitation Proceedings.

Following the Central Bankruptcy Court’s approval on Thai Airways Public Company Limited (THAI)’s business rehabilit...

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THAC dispute

Panel Speaker at the International ADR webinar series 2021: Managing Disputes in an Uncertain World organized by Thailand Arbitration Center (THAC).

Niruch Winiyakul, partner of our Dispute Resolution, Litigation and Arbitration Practice was invited to speak at the Int...

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thai airways

A Breakthrough in Thai Airways’ Business Rehabilitation Proceedings

Following the latest creditors’ meetings on May 12 and May 19, 2021, Kudun and Partners is pleased to announce that Th...

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