Alan Polivnick
Partner

DISPUTE RESOLUTION

BANGKOK

T: +66 2665 7800/7878
D: +66 2665 7805
M: +66 89 816 6806

EmailE: apolivnick@wfw.com

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Alan Polivnick

Summary Open

Alan is a Partner in the Dispute Resolution group in the Bangkok office of Watson Farley & Williams. In his contentious practice, Alan focuses on cross-border arbitration and dispute resolution, particularly in the aviation, shipping and insurance and reinsurance sectors.

Alan’s non-contentious practice includes advising foreign investors on investments and operations in Thailand and in ASEAN and he regularly advises MNCs, international airlines, insurers and reinsurers and international organisations on their operations in Thailand including mergers and acquisitions, contract negotiations, commercial and coverage disputes, employment law and regulatory issues.

Alan is consistently ranked as a leading transport lawyer by Legal 500 and a leading insurance lawyer by Chambers Asia Pacific. He is qualified to practise in England and Wales and Australia.

Experience Open

    Alan’s experience includes:

    Aviation:
    • Counsel to VietJet on the incorporation, registration and inauguration of Thai VietJet
    • Advising a number of Thai and international LCCs on all aspects of their operations including airline start up and establishment, joint-ventures, shareholder agreements, supplier and service contracts, restructuring existing commercial, operational and shareholder relationships and alliances to enhance the value of the operations
    • Advising investors, airline joint-venture partners, operators and participating financial institutions on the regulatory requirements for operating a Thai airline, including the one of the first successful 5th freedom applications by a foreign LCC.
    • Advising a number of Thai and international carriers on operational matters, including changes to existing anciliary charges, introducing new anciliary charges, code share services, the sale of tickets on new services and the regulatory impact of new alliances and commercial relationships
    • Assisting a prominent long haul LCC to establish its global crew base in South East Asia
    • Acting as Thai counsel to banks financing the delivery of Airbus, ATR and Boeing aircraft
    Insurance/Reinsurance:
    • Thai counsel in international arbitration proceedings arising of the 2010 Thai Unrest
    • Representing a number of international reinsurers in claims arising out of the 2011 Thai Floods, including defending arbitration proceedings brought against these reinsurers
    • Defending one of the largest precious stone couriers and their insurers in claims for damage to high value gemstones
    • Providing coverage advice, advising on policy wordings
    • Ongoing regulatory advice and due diligence for investors in the Thai insurance market
    Corporate:
    • Advising a US-European conglomerate on a major investment in the Thai auto sector
    • Representing a major international law firm in their divestment from Thailand and the sale of their operations in Thailand
    • Representing a foreign government in negotiating the lease of land for a new embassy
    • Representing shareholders on the sale of their shares in leading construction services company, advising on the rights of shareholders and advising on cross-border acquisitions
    • Advising MNCs, foreign shareholders and Thai companies on employment law issues, including restructuring, redundancies, relocation, outsourcing and the use of foreign labour and representing employes in Thai labour law proceedings
    Marine:
    • Successful claim in arbitration against a shipbuilder for defective construction of a luxury catamaran
    • Advising shipowners on ship arrests in Thai waters and negotiating the release of vessels under arrest
    • Bills of lading, collision and shipbuilding disputes

Education Open

  • 1994: University of Sydney – LLB
  • 1991: University of Sydney – MA

Author/Speaker/Awards Open

  • “Who’s who insurance: Liberalizing foreign ownership of insurers in Asia”, Thought leadership from our experts, Expert Guides, September 2017
  • “The opportunities and challenges for Australian carriers in the Asia/international market”, CAPA Australia Pacific Aviation Summit 2017, Sydney, Australia, August 2017
  • “Regulatory issues affecting traffic rights and route allocations for airlines and airports” Routes Asia, Japan, March 2017
  • “How vulnerable are you to changes in government policies and to geopolitics?” Routes Asia 2017, Japan, March 2017
  • Asean Open Skies – What it means for airlines world routes 2016, Chengdu, September 2016
  • Director’s Duties and Liabilities 2016 – What do you need to know?, The Australian-Thai Chamber of Commerce – The British Chamber of Commerce Thailand presentation, May 2016 and March 2015
  • Update on Developments in Thailand Presentation to Airlines and Airports, Manila Philippines, March 2016
  • Case Study: The Best Practices in Contract and Performance Management to ensure major project success, Bangkok, 7 January 2016
  • Corporate Jet Investor Asia 2015, ICAO and FAA Downgrades Implications and Consequences, Singapore, June 2015
  • Effectively Manage Merger & Acquisition Agreements, Bangkok, August 2014
  • Thai 2011 Floods – What have we learned?, Presentation to Lloyds Asia, Singapore, July 2014
  • Thai 2011 Floods – What have we learned?, 4th International Claims Convention 2014, Kuala Lumpur, May 2014
  • Thailand’s Board of Investment Seminar, Things you need to know about “Doing Business in Thailand”, Melbourne, Australia, April 2014

Membership of Professional Societies Open

  • Law Society of England and Wales (2002)
  • Registered Foreign Lawyer (Singapore) (2000)
  • Law Society of New South Wales (Admitted to the Supreme Court of New South Wales and the Federal and High Courts of Australia) (1995)

Employment Record Open

  • 2007-present: Watson Farley & Williams
  • 2000-2007: Clyde & Co – Beaumont and Son, Singapore
  • 1997-2000: Conway Leather Shaw, Sydney
  • 1996-1997: Conway O’Reilly, Sydney
  • 1995-1996: Levingstons, Sydney

Publications Open

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