Apisith John Sutham

Apisith John Sutham

SUMMARY OF LEGAL PRACTICE

 

The legal practice of Apisith John Sutham focuses on cross-border commercial transactions, international trade litigation and regulation, mergers and acquisitions, and intellectual property law. He has extensive experience representing Thai and foreign clients in trade remedy actions initiated by various governments including the United States, the European Union, Indonesia, South Korea, China, South Africa, Malaysia, Pakistan, India, Canada and Thailand. 

Apisith John Sutham has acquired over the years a broad-based commercial and transactional experience. He has advised and represented Thai and multinational clients on cross-border transactions including international joint ventures, international license agreements, distributorship agreements, as well as numerous offshore transactions and establishment of legal entities in the U.S. and other foreign countries. Apisith John Sutham was elected by his peers to The International Who?s Who of Leading Trade and Customs Lawyers (2006), The International Who?s Who of Trademark Lawyers (2007), Chambers Global: the World Leading Lawyers for Business - under WTO/International Trade (2006) and the Expert Guides to the World?s Leading International Trade Lawyers (2007).    

 

PROFESSIONAL EXPERIENCE

 

            Apisith & Alliance Limited, Bangkok, Thailand

            2002-present

Managing Partner

 

PricewaterhouseCoopers Legal, Bangkok, Thailand  

 

2001-2002

 

            Senior Counsel

 

 

            White & Case (Thailand) Limited, Bangkok, Thailand

 

            1999-2001

 

            Senior Associate

 

            International Legal Counsellors Thailand (Russin & Vecchi), Bangkok, Thailand

 

            1996-1999

 

            Associate

Akin, Gump, Strauss, Hauer, Feld & Dassesse, Brussels, Belgium
1993-1996
Associate

           

 


REPRESENTATIVE CASES IN ANTIDUMPING/TRADE REMEDY ACTIONS

 

Pakistan anti-dumping investigation on imports of polyester staple fibre from, inter alia, Thailand (representing Thai Polyester and Kangwal Polyester) (2006).

Pakistani anti-dumping investigation on imports of polyester filament yarns from, inter alia, Thailand (representing Jong Stit) (2005).

Indian anti-dumping investigation on imports of nylon filament yarns from, inter alia, Thailand (representing Thai Taffeta) (2005).

Canadian global safeguard inquiry on imports of bicycles and bicycle frames (representing Bangkok Cycle Industrial) (2005).

European Union anti-dumping investigation on imports of stainless steel fasteners from China, Indonesia, Malaysia, the Philippines, Taiwan, Vietnam and Thailand (representing Thai industry) (2004).

 United States International Trade Commission and Department of Commerce antidumping investigation on imports of polyethylene retail carrier bags from China, Malaysia and Thailand (2003).

 Thai antidumping investigation on imports of phthalic anhydride from Korea, Japan and India (2003).

 Indonesian antidumping investigation on imports of polyester staple fibre from Thailand (representing Kangwal Polyester) (2003).

 Thai antidumping investigation on imports of cold-rolled stainless steel from Japan, the European Union, Korea and Taiwan (representing Acerinox and AvestaPolarit) (2002).

Malaysian antidumping investigation on imports of carbon black from Thailand and India (representing Thai Tokai Carbon Product and Thai Carbon Black) (2002).

People?s Republic of China antidumping investigation on imports of polystyrene from Korea, Japan and Thailand (representing Thai ABS Co., Ltd., a subsidiary of Thai Petrochemical Industry Public Company Limited) (2001).

 European Union antidumping expiry review on imports of bicycles from Indonesia, Malaysia and Thailand (representing the Thai bicycle manufacturing industry) (2001).

 United States International Trade Commission sunset review of imports of canned pineapple fruit from Thailand (representing the Thai Food Processors? Association and the major canned pineapple producers/exporters) (2000-2001).

South Korean antidumping investigation on imports of medium-density fiberboard from Indonesia and Thailand (representing Vanachai Group Public Company Limited and AgroMats Co., Ltd.) (2000).

Indonesian antidumping investigation on imports of carbon black from Korea, India and Thailand (representing Thai Carbon Black Public Company Limited) (1999).

 South African antidumping investigation on imports of carbon black from Thailand and Australia (representing Thai Carbon Black Public Company Limited) (1999).

 Thai government antidumping investigation on imports of hot-rolled steel sheet and coils from Bulgaria, the People's Republic of China, Kazakhstan, the Russian Federation and Ukraine (representing the Chinese and Russian exporters) (1997).

 

REPRESENTATIVE EXPERIENCES IN NON-CONTENTIOUS TRADE MATTERS

Advised Thai clients on matters relating to regional trading arrangements, bilateral free trade agreements, preferential rules of origin and the generalized system of preferences.

Act as legal adviser to several domestic industries in Thailand in connection with the use of trade remedies against unfair imports, including the carbon steel wire rod industry, plywood industry, medium density fiberboard industry and zinc oxide industry.

 Act as legal adviser to the Thai MDF industry on the Thai-India free trade agreement negotiations.

Act as legal adviser to a major butt-weld pipe and pipe fittings in establishing compulsory product standards for large diameter pipes and fittings used in the oil & gas industry (2003-2004).

Advised an international law firm on Thailand's textile trade regulation, including the current textile quota system and the relevant rules and regulations (2003).

Act as legal adviser to a major domestic client on the European Union GSP scheme and the Department of Foreign Trade's rules and regulations; represent the client before the Trade Preference Division (2003).

Advised Thailand's cold-rolled steel industry on WTO and Thai trade remedies and import relief laws including safeguards.

Represented major Thai garment exporters and the Thai Garment Manufacturers Association in the investigation on illegal textile transshipments initiated by the U.S. Customs Service (2001).

Act as legal adviser to the Department of Trade Negotiations, Thai Ministry of Commerce, on the WTO trade and environment project (2001).

 

SELECTED EXPERIENCES IN CORPORATE & COMMERCIAL LAWS

Advising a major Thai sugar producer in an ICC arbitration relating to its dispute with a Japanese licensor, and advising the group on licensing matters.

Advising various Thai textile/garment clients on establishing wholly foreign-owned enterprises, a representative office and a manufacturing facility in China, Vietnam and Cambodia, and supervising local counsel?s work.

 Advising Simat Technologies Public Company Limited and the financial advisor on the rules and regulations of the SEC and SET and the public company law in connection with the IPO and listing of shares on Thailand?s MAI.

 Advising foreign corporate and individual clients on the process of establishing a permanent presence in Thailand (including pursuant to the U.S.-Thailand Treaty of Amity) and the related requirements such as foreign business license, FDA license, BOI, work permits and visas.

Advised Thai Biogas Energy and the guarantor on the THB 235 million credit facilities, guarantee recourse and various security agreements.

Advised Miyoshi Precision Ltd. in connection with the acquisition of assets of Armstrong Mechanical Components Co., Ltd.

Advised Bangkok Cycle Industrial and drafted commercial agreements and documentation in connection with investments and business partnerships in the United States, the United Kingdom, France and India.

 Advised Narai Intertrade on intellectual property matters in connection with the brand "NaRaYa" and drafted foreign and Thai distribution and agency agreements.

Act as legal adviser to a major construction contractor in connection with the water distribution and waste water system project at Suvannaphum International Airport.

Act as legal adviser to one of the largest integrated textile companies in Thailand in connection with an acquisition of shares in a major regional apparel product company.

Advised Thai Carbon Black and a number of other major companies on the application and enforcement of Articles 25-29 of Trade Competition Act.

Represented TIPCO Asphalt Public Company Limited in connection with the share acquisition in TASCO by Colas S.A.

Represented Asia Cement Public Company Limited in connection with the acquisition of majority interest in Asia Cement by Ciments Francais.

Advised TIPCO Asphalt Public Company Limited on international sales of asphalt to China.

 

EDUCATION

 

Master of Business Administration (International Business)

Solvay Business School, Free University of Brussels, Brussels, Belgium

1992-1993

Juris Doctor

 

Fordham University School of Law, New York, NY

 

Member of the Board of Editors of Fordham International Law Journal (1989-1990)

 

Bachelor of Arts

 

Saint John's University, New York, NY

 

1984-1987 (Magna Cum Laude)

 

 


RECENT PUBLICATIONS

 

Author, "Overview of Thailand's Antidumping Law and Practice", The Legal Media Group Guide to the World's Leading International Trade Lawyers, March 2007.

Author, "How Business Can Take Advantage of Free Trade Agreements: Some Practical Advice", Global Trade and Customs Journal, Vol. 2, Issue 4, 2007. 

Author, "The Ten Majors Problems with the Anti-dumping Instrument in Thailand," Journal of World Trade, January 2005 (part of the TEN Project, a project participated by leading trade practitioners from the U.S., EU, India, South Africa, Brazil, Mexico and Thailand). 

Author, Essential Business Guide to the Law of International Trade and Commercial Transactions (published by Sweet & Maxwell Asia, May 2004).

Co-author (with Duncan Cameron), "International Joint Venture in Thailand,", Chulalongkorn Review, September 2003. 

Co-author, "Bi-lateral Free Trade Agreements: New Market Opportunities?"  Post Today, October 22, 2003. 

Author, "Regulation of Competition in Thailand", Asia Business Law Review July 2000.

 Author, "Thai Antidumping Law and Practice"? Asia Business Law Review July 1999.

 

RECENT PROFESSIONAL ACTIVITIES

 

Teaching

Lecturer, a course on International Business Law, Webster University Cha-Am Campus, Department of Business and Technology (2006-present).

Lecturer, a course on Legal Writing and Drafting, LL.M. (Business Law) Program at Chulalongkorn University Faculty of Law (1999-present).

Adjunct lecturer, International Economic and Institutional Law, LL.M. (Business Law) Program at Chulalongkorn University Faculty of Law (2001-2005) (Co-teach with Dean Ago of the Kyushu University Faculty of Law).

 

Seminars

 Lecturer (with Edwin Vermulst), Training Workshop on WTO Trade Remedies? Law and Practice, sponsored by the Asian Develop Bank and the International Institute for Trade and Development, Bangkok (2004 ? 2005).

Panelist, Conference held by the Department of Foreign Trade, Ministry of Commerce, on the proposed Safeguards Act (February 2005).

 Lecturer, "Anti-Dumping and Countervailing Measures", "Regional Trade Arrangement and Rules of Origin", "Introduction to Non-Tariff Barriers in International Trade", and "IPR in International Trade: Tools for Enhancing Export Growth", Training Courses on Managing a Market Economy in a Globalizing World, sponsored by the International Institute for Trade and Development, in cooperation with the Thailand International Cooperation and Development Agency (TICA), Bangkok  (2005).

Lead speaker, Seminar organized by PricewaterhouseCoopers Legal entitled ?Winning the Export War through Advanced Legal, Tax and Technology Solutions? (2002).

 Speaker, Capacity Building Program/Workshops for Implementation of WTO Agreements in Thailand, sponsored by Japan International Cooperation Agency, WTO Technical Assistance Consultant Team, UFJ Institute (August 2002).

 Lead speaker, Seminar sponsored by PricewaterhouseCoopers Legal and the Department of Foreign Trade, Ministry of Commerce, entitled "Safeguards under WTO and Thai Law: Legal and Practical Considerations for Thai Industries", given to representatives from various industries in Thailand (2001).

 

Other

Editorial Board of Global Trade and Customs Journal, a new practice-oriented publication for trade practitioners, published by Kluwer Law International (2006).

Member of the Federation of Thai Industries' Committee on Non-Tariff Trade Barriers and Rules of Origin (2002-2006).

 Speaker, Brainstorming Session on Asian Countries Trade Interests and Capacity Building Needs in the Framework of the Cancun Ministerial and Beyond, sponsored by UNCTAD and the International Institute for Trade and Development (June 2003).

 Panelist, Bangkok Post-Reed Tradex's 2002 Economic Forum "The Challenges of Global Trade" on the topic of "New Challenges: Competition Law, Investment and the Environment".

 

 

AFFILIATIONS AND QUALIFICATIONS

Member of the Bar of the State of New York since 1991

Member (B-list) of the Brussels Bar, 1994-1996; Admitted to the U.S. Court of International Trade

Member of the Inter-Pacific Bar Association, Asian Patent Attorney Association, International Trademark Association, and International Bar Association

Language:   Fluent in English and Thai, basic French