Bangchak Corporation Public Company Limited’s US$25 Million Claim Win

Watson Farley & Williams LLP has successfully defended Bangchak Corporation Public Company Limited and secured a victory for them in a multi-million US dollar claim brought against them in the Thai Courts by a distributor of BCP’s lubricant products.

The long-running case was eventually decided in BCP’s favour after almost five years.

BCP, a leading manufacturer of refinery petroleum products, is listed on the Thai Stock ExchangeIn 2016, two separate claims were brought against it by one of the distributors of its lubricant products, alleging that BCP was in breach of its distribution agreement. The two claims were later consolidated into a single proceeding in the aggregate sum of approximately US$25m.

In this case, the critical issue turned on whether BCP was in breach of its obligations under each of the distribution agreements entered into with the claimants when the sale of BCP lubricant products fell through after the potential buyer agreed to purchase BCP lubricant products from an alternative legitimate distributor. BCP prevailed in the Court of First Instance. However, this favourable judgment was subsequently overturned by the Thai Court of Appeal.

The WFW Bangkok team that represented BCP was led by Dispute Resolution Partner Ratthakarn Boonnua (Picture), supported by Associates Rachapol Sirikulchit and Molthida Songcharoen.

Involved fees earner: Ratthakarn Boonnua – Watson Farley & Williams; Rachapol Sirikulchit – Watson Farley & Williams; Molthida Songcharoen – Watson Farley & Williams;

Law Firms: Watson Farley & Williams;

Clients: Bangchak Corporation;

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Author: Sonia Carcano