Clyde & Co recently announced the appointment of Phutita Luksilakul as a partner, a move designed to reinforce the firm’s marine and cargo insurance practice in Asia.
Luksilakul’s promotion is part of the firm’s ongoing strategy to broaden its maritime legal services and respond to the evolving needs of insurers and brokers operating across multiple jurisdictions in the region.
In an interview with Insurance Business, Luksilakul stated that her new position will enable her to coordinate more effectively with Clyde & Co’s international network, providing clients with access to cross-border expertise and integrated legal support.
She noted that the ability to mobilise resources globally is increasingly important for clients facing incidents that span several countries and legal systems.
“Our clients operate in an interconnected world where incidents can span multiple jurisdictions and require sophisticated coordination. Clients will now benefit from our seamlessly integrated international teams delivering comprehensive coverage, whether handling major casualties, complex cargo claims, or multi-jurisdictional disputes,” she said.
She added that the partnership reflects both her commitment to the sector and the firm’s focus on delivering comprehensive solutions to marine and cargo insurers.
Luksilakul brings experience from both private legal practice and regulatory roles, including her time at Thailand’s Office of Insurance Commission.
She said that her familiarity with regulatory processes and priorities helps her anticipate compliance challenges and regulatory responses.
“Working within the regulatory framework gave me invaluable insight into how insurance regulators think, operate, and make decisions. I understand the policy considerations behind regulatory actions, the internal processes that drive enforcement decisions, and the commercial realities that regulators must balance. This inside knowledge allows me to anticipate regulatory concerns and help clients navigate compliance issues more effectively,” Luksilakul said.
According to Luksilakul, one of the main legal risks for cargo owners and insurers in Thailand is the complexity of limitation periods, which can vary significantly depending on the mode of transport and the nature of the claim.
She pointed out that Thai law generally restricts the extension of these periods, making it essential for insurers and cargo owners to act quickly when a loss is identified.
“To mitigate these risks, cargo owners and insurers must take immediate claims action upon discovery of loss and rigorously manage legal deadlines. Insurers should implement systematic monitoring tailored to Thai limitation requirements to safeguard recovery rights,” Luksilakul said.
Discussing the technicalities of ship arrest in Thailand, Luksilakul noted that the process requires claimants to identify the debtor and submit arrest applications before the vessel leaves Thai waters.
Only those domiciled in Thailand are eligible to initiate ship arrest proceedings, which can present hurdles for foreign claimants.
“Timely legal intervention by initiating arrest proceedings significantly enhances a claimant’s ability to recover losses related to cargo damage or loss, especially within the unique framework of Thai law,” Luksilakul said.
Luksilakul explained that securing a vessel through arrest can provide significant leverage in settlement discussions, often leading to faster resolutions and reduced litigation costs.
Luksilakul emphasised that early engagement and technical analysis are fundamental to achieving favourable settlements in insurance disputes.
She said combining legal expertise with technical understanding allows for realistic settlement proposals and helps clarify liabilities before conflicts escalate.
Maintaining open communication and focusing on long-term business relationships are also important, particularly in the maritime sector where repeat transactions are common.
She advised insurers to balance technical precision with commercial considerations to protect both legal and business interests.
Looking to the future, Luksilakul observed that the marine insurance sector in Asia is experiencing increased scrutiny and rising premiums, driven by factors such as inflation, fire risks, and cyber threats.
She suggested that insurers adopt more stringent underwriting standards and assess risks specific to regional shipping routes, environmental regulations, and climate change impacts.
Luksilakul identified two emerging legal risks:
She said that lithium-ion batteries in electric vehicles present unique fire risks and that liability issues are becoming more complex as automation in shipping increases.
“Simultaneously, autonomous and remotely operated vessels disrupt traditional liability allocation between owners, operators, and technology providers, creating uncertainty over coverage for system failures, cyberattacks, and operational errors as emerging legal frameworks remain underdeveloped,” Luksilakul said.
Proactive adjustments to policy language and claims handling will be necessary as the industry adapts to these developments.
“Insurers should proactively update policy language to explicitly address EV fire-related losses and autonomous vessel technology risks. Essential preparation includes enhancing subrogation capabilities against technology providers and developing specialised claims handling procedures for these emerging exposures before widespread adoption occurs,” Luksilakul said.
