Every commercial transaction involves risk of a dispute which
potentially can become an intense process subject to considerable
risks, uncertainties and costs. From the start of commercial
dispute between corporate entities in Asia, highly skilled
advice on Asian culture, mentality, as well as commercial practice
is required to assess the merits and potential pitfalls; to
plan and execute strategy and tactics and to present contentions
persuasively-whilst at the same time ensuring that Asian cultural
mores are not offended.
At Makenzie Smith, our objective is to extricate our
clients from their commercial disputes at the optimum point
when they achieve, as claimants, maximum financial recovery,
or as defendants, minimum financial exposure. Our reputation
as a leading arbitration and dispute resolution firm in Thailand
is based on our ability to achieve this objective through conciliatory
methods such as negotiation, arbitration, adjudication or alternative
dispute resolution rather than confrontational methods such
as litigation which is foreign and unwelcome in Thai custom
and culture.
Arbitration is the most widely-accepted method of alternative
dispute resolution (ADR), used around the world as an effective
substitute to court litigation to resolve commercial disputes.
Parties normally enter into arbitration consensually, by agreeing
in the body of the contract that arbitral procedures will be
their primary or sole recourse in case of later disputes.