Thailand



asialaw Analysis

Banking and finance
Chandler MHM
Work highlights

Advising Krung Thai Bank and Export-Import Bank of Thailand on the financing of a solar power project in Myanmar.

Representing Mercuria Investment on its mezzanine financing for condominium projects in Thailand. This is the only mezzanine fund in the country where the target consists of real estate projects.

Key clients

Bangkok Bank, BCPG Indochina, Export-Import Bank of China, Siam Commercial Bank

DFDL
Work highlights

Advised Siam Commercial Bank on its $23.4 million loan for a project in Laos operated by Hongsa Power Company.

Assisted Bangkok Bank on its review of a credit facility given to a Laos hydropower project.

Key clients

ANZ, Asian Development Bank, Bank of China Hong Kong, Credit Suisse, Kasikorn Bank, International and Commercial Bank of China, International Finance Corporation, JP Morgan Chase, Siam Commercial Bank

Kudun and Partners
Work highlights

Advised Phelps Dodge International Thailand on the $239 million acquisition financing that it received from United Overseas Bank and Kasikornbank for the indirect acquisition of Dong Viet Non-Ferrous Metal and Plastic JSC and Thinh Phat Cables JSC in Vietnam.

Key clients

Finnomena, Urban Mobility Tech

Tilleke & Gibbins
Work highlights

Advised Fabrinet, a leading industrial equipment supplier, in various loan projects totalling $155 million with Bank of America and two Thai banks.

Representing a Thai real estate company in the procurement of $12.5 million loan from a British multinational investment bank in order to refinance a major real estate project.

Acted for the domestic entity of a global industrial machine manufacturer in procuring $6.4 million in financing from an Australian bank for its equipment sale and leasing business.

Key clients

BlackRock, CIBC, Clearstream Banking, Morgan Stanley, Weiss Asset Management

Weerawong C&P
Work highlights

Acted for United Overseas Bank in relation to granting a $940 million term loan to TCC Assets as refinancing of the borrower’s existing facility.

Represented Mizuho Bank on $399 million financing for JX Nippon Mining & Metal’s acquisition of HC Starck Tantalum and Niobium.

Key clients

Bank of China, CIMB Bank, Global Power Synergy, The Siam Commercial Bank, Sumitomo Mitsui Bank

ZICO Law
Work highlights

Advising a US-based investment bank on the implementation of an e-signature platform for client due diligence, anti-money laundering, and providing advice on its account and liquidity management services.

Representing a Malaysian-owned financial institution on the procedures for encumbering Aquawalk Thailand’s assets as security under the country’s laws to secure a cross-border financing facility between the client and Aquawalk.

Key clients

Allianz, Vista Foundation Fund

Capital markets
Chandler MHM
Work highlights

Advised the Siam Chemicals on the lease of its assets to the AIM Industrial Growth Freehold and Leasehold REIT. This is the first REIT to invest in a tank farm asset.

Represented CIMBT as both the debt lender and the equity underwriter to raise funds for a cross-border Dusit Thani Freehold and Leasehold REIT to invest in a new hotel project in the Maldives.

Key clients

CPN REIT Management, Krung Thai Bank, Muangthai Capital, Thanachart Bank

Kudun and Partners
Work highlights

Acted for Thai Solar Energy in a complex and precedent-setting matter pertaining to its issuance of transferable subscription rights (TSRs). Very few companies have issued TSRs due to the complexities and tight time frames.

Advised JKN Global Media on its five-year convertible debenture debt offering by way of a private placement to North Haven Thai Private Equity Fund.

Key clients

MITSIB Leasing, Siam Rajathanee, Thai Bonnet Trading Zone

The Capital Law Office
Work highlights

Advised Central Retail Corporation on its $2.6 billion IPO on the Stock Exchange of Thailand (SET), and on the tender offer and share swap to delist Robinson. This is the country’s largest equity IPO by market capitalisation to date.

Acted for Dohome on its $136 million listing on the SET and the group’s corporate restructuring.

Representing Samart Corporation on the SET share listing and the spin-off of Cambodia Air Traffic Services in a related cross-border deal. Additionally, the team advised the client on an international offering outside the US in reliance on Rule 144A/Regulation S. This will be the first IPO on the SET for a Cambodian company.

Advised Boutique Corporation on its IPO and listing of shares on Thailand’s Market for Alternative Investment and on the company’s restructuring.

Key clients

Ananda Development, BTS Group Holdings, Charoen Pokphand Foods, Prima Marine, Thai Nippon Rubber Industry, Thanachart Securities 

Tilleke & Gibbins
Work highlights

Advising a Cambodian company on the first ever secondary listing application submitted to the Securities and Exchange Commission of Cambodia and the Stock Exchange of Thailand.

Weerawong C&P
Work highlights

Advised Citigroup Global Markes, HSBC, and ING Bank on the issuance of perpetual additional tier 1 capital securities issued under a Euro medium term note programme by TMB Bank. This deal is the first-ever Basel III-compliant additional tier 1 notes offering from Thailand.

Represented PTT Exploration and Production in a liability management transaction comprising the tender purchase of $500 million subordinated perpetual securities, the establishment of the $3 billion global medium term notes programme, and the issuance of long term senior notes.

Key clients

Asset World, BTS Group Holdings, GIC, Jasmine International

Construction
Chandler MHM

Bank

Construction

Work highlights

Advising a domestic bank on the financing of a solar plant in Minbu, Myanmar.

Acted for renewable company BCPG Indochina on the acquisition financing of the Nam San 3A and Nam San 3B hydropower projects in Laos.

Representing a Chinese investor on its investment in a waste-to-energy facility in northern Thailand.

Key clients

Export-Import Bank of Thailand

DFDL
Work highlights

Advising Thai developer Anamaya Samui with respect to the proposed $50 million expansion of its luxury Anamaya project in Koh Samui to include both a residential portion and hotel portion.

Acting for Seagate in relation to various site construction and renovation projects. The firm’s role includes the drafting and localisation of construction services master agreements and advising on construction law matters.

Tilleke & Gibbins
Work highlights

Acting for a Chinese construction company on various elements of the Bangkok–Nong Khai high-speed railway project, the first high-speed rail line in Thailand, and an essential part of the great Kunming-Singapore railway project.

Representing one of the leading consortium members in bidding for the Laem Chabang Port Phase 3 Development Project, a mega infrastructure development plan under the Eastern Economic Corridor scheme.

Weerawong C&P
Work highlights

Acting for the Office of the Eastern Economic Corridor of Thailand on its $4.8 billion undertaking of the PPP concession project for the Laem Chabang DeepSea Port Phase 3.

Key clients

Department of Highways Thailand, Port Authority of Thailand

Corporate and M&A
Axis Legal
Work highlights

Advising Japanese conglomerate as the purchaser in a regional acquisition spanning Singapore, Malaysia, Indonesia, Myanmar and Thailand. The Thai aspects of the deal involved the acquisition of two local Thai entities that carried out the sellers’ business in the domestic market.

Represented a US pharmaceutical company in its purchase of a portfolio of over-the-counter and prescription pharmaceutical products from another Japanese drug company.

Acting for a Hong Kong-registered food company on acquiring a material equity stake in a regional restaurant chain that operates across Southeast Asia. The team helped set up and structure the acquisition vehicle, among preparing various documentation.

Chandler MHM
Work highlights

Advised Food Factors, a subsidiary of the Boonrawd Group, in a bidding process involving the purchase of shares of a food chain company, Santa Fe Steak. The target operates more than 100 franchise outlets located predominantly in Thailand.

Represented Japanese system integration company NTT Data on its $23 million acquisition of 100% equity in Locus Telecommunication, a Thai technology solutions company.

Acted for a domestic OEM automotive parts manufacturer in a joint venture with Sojitz to set up a new company in Thailand.

Key clients

AAPICO Hitech, Kanden Realty & Development, Thanachart Bank

DFDL
Work highlights

Acted for Indian nonwovens group Supreme Treon on local law aspects in relation to its acquisition of the automotive interior trims and NVH business of Futuris Automotive.

Engaged by ride-hailing unicorn Grab in relation to its $1.5 billion investment for SoftBank’s technology fund, Softbank Vision Fund (SVF). The team provided regulatory advice to the client and helped it re-conduct due diligence on its Vietnamese and Thai entities in preparation for a new round of share acquisitions by SVF.

Key clients

B Grimm Power, Decathlon, Wheig Asia

JTJB International Lawyers
Work highlights

Advised Optima Werkz on its joint venture agreement and negotiations with partner Wealth Firm Holdings.

Conducted due diligence report on SCI Electric for a Chinese client.

Acted for OBOOK, a subsidiary of Nasdaq-listed blockchain player OwlTing, on its establishment of a new entity in Thailand that would provide a blockchain service platform for hotel and hospitality customers. The team provided legal advice and helped the client to apply for its foreign business certificate and the board of investment (BOI) Investment Promotion certificate.

Key clients

Brankas, Green Energy Investment Holding

Kudun and Partners
Work highlights

Acted for Stark Corporation and its wholly-owned subsidiaries PDITL and PD Cables as the buyers of 100% of the charter capital of Thinh Phat Cables JSC and Dong Viet Non-Ferrous Metal and Plastic JSC for $220 million.

Represented Thai plastic packaging manufacturer Eka Global on its cross-border acquisition of China-based packaging companies from the existing shareholder, a holding company based in the US.

Key clients

BG Container Glass, IT City, Thai Foods Group

SCL Nishimura & Asahi
Work highlights

Represented American industrials manufacturer CoorsTek on setting up a new factory in Thailand, an investment valued at $500 million.

Acted for PP Prime, a Thai manufacturer and distributor of aquatic animal feed, on its $74 million acquisition of several geothermal power plants in Japan.

Advised Thai independent power producer, Charoen Energy and Water Asia on its investment in new biomass power projects in Japan.

Key clients

Bangchak Corporation, BCPG, Infra Daya Energia, Showa Denko

The Capital Law Office
Work highlights

Advised Thanachart Capital and Thanachart Bank (TBank) on a benchmark business merger between TBank and TMB Bank to become the sixth-largest bank in Thailand. This multi-faceted acquisition was the Thai banking industry’s largest merger to date, valued at $5.5 billion.

Represented VGI Media on its $144 million acquisition of an 18.6% share interest in Plan B, Thailand’s leading Out-of-Home, digital services and parcel express services.

Acting for Terraform Global, a Canadian-based energy company, on its sale of three operating companies owning nine solar farms across Thailand.

Key clients

B Grimm & Co, Bangkok Airways, CIMB Securities, Continental Steel, Government Savings Bank, Indorama Ventures, King Power Group of Companies, Phatra Assets Management

Tilleke & Gibbins
Work highlights

Advising as regional counsel for New York-headquartered professional services giant Marsh & McLennan Group on the Thai and Myanmar elements of their $5.6 billion global acquisition of Jardine Lloyd Thompson group.

Acted for a domestic healthcare services company on a joint venture agreement to operate an $82 million specialised medical centre in Bangkok with two other parties.

Represented itelligence, the German subsidiary of NTT Data, on its acquisition of a majority of the shares in ISS Consulting Solution, an SAP service provider in Thailand.

Key clients

Aon Hewitt, Horizon Global, Liqui-Box Corporation, Mitsubishi

Weerawong C&P
Work highlights

Acted for SET-listed power flagship company of PTT Group, Global Power Synergy, on its $4.1 billion acquisition of a majority stake in Glow Energy from Engie Global Developments.

Advised F&N Retail Connection on its joint venture with Maxim’s Group of Hong Kong, whereby the joint venture, Coffee Concepts Thailand, acquired all existing Starbucks outlets in Thailand and became the country’s sole franchisee for 40 years. The deal was valued at $650 million.

Key clients

Charoen Pokphand Foods, Grab, KKR Asia, Panus Poultry, Siam Commercial Bank, Taobao, Thai Beverage, Thai Alliance

ZICO Law
Work highlights

Advising a drug manufacturer on the relevant licence, restriction and other regulatory requirements for drug importation, distribution, and marketing including the foreign business restrictions.

Acting for regionally-based data company Dattel on its Panelship Programme terms and conditions, and its privacy policy in line with the new data protection legislation.

Representing an engineering service and construction company on its internal companies’ amalgamation and shareholder restructuring for its future IPO.

Dispute resolution
Chandler MHM
Work highlights

Defending a manufacturer listed on the Thai Stock Exchange against multi-million dollar claims by former major shareholders and founders of the company.

Acting for a global mining firm in relation to an arbitration claim against Thailand’s government.

Representing a Japanese motor manufacturer in relation to a civil claim arising from the termination of dealership agreements.

JTJB International Lawyers
Work highlights

Representing Raimon Land and Klapsons Hotel in filing a criminal and labour claim against the ex-financial controller of both companies. The defendant is accused of forging documents and stealing company property.

Acting for Olam International against Bureau Veritas Thailand in the Intellectual Property and International Trade Court. The client is alleging that Bureau Veritas was negligent and had failed to professionally inspect and issue the certificate of weight, quality and packing of specific rice cargo.

Key clients

Asia Green Energy, Ceva Logistics, Floyd, MK SARL

Kudun and Partners
Work highlights

Representing NCP Consortium in a claim dispute against the Port Authority of Thailand’s administrative order in relation to its procurement of a Laem Chabang port construction contractor.

Defending two domestic technology and telecommunications companies in a massive potential class-action case that would concern more than 41 million users. The clients are challenging a request by the plaintiffs to apply class action procedure to this matter.

Key clients

Chanwanich Security Printing Company, Shinhan Bank, Volvo Group

LS Horizon
Work highlights

Defending the Stock Exchange of Thailand in a high-profile Central Administrative Court case in relation to a complaint filed by Energy Earth after it was ordered to delist from the bourse for its failure to submit financial statements by the given deadline.

Representing Central Pattana and CPN Village against the Airports of Thailand over a dispute regarding the blocked entry of the client’s upscale outlet mall near the airport.

Natipatana Law Office
Work highlights

Successfully defended a Pakistani national who was threatened with extradition to India by Thailand’s government. The firm was hired by the Embassy of the Islamic Republic of Pakistan in Thailand.

Engaged by the former Minister of Education and Deputy Prime Minister of Thailand to file a case against the Ministry of Foreign Affairs because it cancelled his passports after the Coup D’Etat in 2014. The client sought the removal of the cancellation order and last year, won a final judgement by the Supreme Administrative Court that upheld the Central Administrative Court’s decision to remove the cancellation order.

Pisut & Partners
Work highlights

Assisting the River Condominium juristic person to file a civil complaint against the developer. The client is demanding the transfer or handover of the common properties, construction drawings together with the rescission of the transactions entered into between the developer and third parties. The dispute arose from the non-delivery of certain common facilities advertised by the developer.

Successfully defended and settled a labour complaint brought on by local employees of US-based Veritas Technologies. The complaint involved the issues of the car allowance being included as part of wages and mileage reimbursement.

Key clients

AP Honda, AEC Securities, Hitachi Solutions, Sanofi Pasteur, SiamEast Solution, Telenor Digital Asia, WebTVAsia

Rajah & Tann Thailand
Work highlights

Representing Philip Morris Thailand in a dispute that involves questions both of Thai customs law and of Thailand’s implementation of the WTO customs valuation agreement.

Acting for Honda Automobile Thailand in a dispute over the return of a trademark logo from a dealer after the non-renewal of the dealer agreement.

Key clients

Gheco-One, Glow SPP 11

SCL Nishimura & Asahi
Work highlights

Successfully represented Minor International in connection with an insurance dispute against an insurance provider, where the Supreme Court reversed an earlier ruling on damage claims from the 2010 Thai political protests.

Acted for Brand’s Suntory International in connection with claims relating to an unlawful tax assessment over withholding tax.

Key clients

BMT Pacific, Intel Corporation, Siam Makro, TMB Bank

Tilleke & Gibbins
Work highlights

Representing a multinational lens manufacturer in a high-value global fraud case involving a former employee in the company’s Thai operations.

Acting for a European aerospace and defence company in a high-stakes, complex litigation against the Royal Thai Navy in relation to the breach of a defence equipment contract worth over $20 million.

Key clients

High Hope Zhongding Corporation, Lonsin Capital

Weerawong C&P
Work highlights

Representing a major sugar production company in Thailand in two cases where a finance department supervisor committed internal fraud that significantly affected the health of the business and its employees.

Key clients

Advance Finance, Export-Import Bank of the United States, Hero Experience, Pacific Alliance Group, Total Access Communication

General business law
Apisith & Alliance

All the work highlights submitted by the firm are confidential. Please click on the firm name to read their Overview.

Intellectual property
Ananda IP
Work highlights

Advising Tymphany Acoustic Technology Huizhou on strategies to retrieve back its brand from two domestic trademark squatters. The team additionally assisted the client in filing over 20 trademark applications in Thailand to extend protection on its rights.

Acted for Drury Precision Engineering on its investigation of infringing motorbike parts bearing the client’s trademark both offline and online. The team successfully helped to remove infringing contents from Facebook and Lazada.

Represented the Landmark Group in filing administrative and judicial reviews for its trademark ‘Splash’ application in Thailand.

Working closely with Korean associate firms to file over 100 trademark applications in Thailand, including those for YG Entertainment, SM Entertainment, Blackpink and Kakao.

Key clients

Amgen, Dr Reddy’s Laboratories, Honda, Kubota, Mega Life Sciences, Sandoz, Suzuki

Satyapon & Partners
Work highlights

Advising Panasonic in a high-profile patent litigation case against Thai manufacturer, distributor and importer Zehbert over its sale of electrical devices in the Thai market that infringed on the client’s patent rights.

Representing Chile in a long-standing, highly-publicised geographical indication (GI) case against Peru over who owns the rights to the alcoholic beverage ‘Pisco’. The firm helped Chile file the GI ‘Pisco Chile’.

Acting for VietJet Air in its attempt to register its trademark, which is prohibited by the Thai Trademark Act because its mark contains a geographical name.

Key clients

Aston Martin, NFL Properties, Pernod Ricard, Twitter, Uber, World Wildlife Fund, Yamaha Motors

Tilleke & Gibbins
Work highlights

Acted for a Japanese manufacturer of imaging and optical products to devise a unique strategy in enforcing its IP rights against multiple online infringers.

Successfully represented food maker and distributor Ajinomoto Thailand in a civil suit against a Thai company for use of a similar packaging design.

Advised a leading Italian manufacturer of automotive brake systems in combating the sale and distribution of counterfeit brake products in Thailand, including coordinating a successful raid which found over $1.6 million in infringing products.

Key clients

AmorePacific, Amazon, Boe Technology Group, GAP, Guccio Gucci, Huawei Technologies, Lazada, Saraburi Sugar, ThaiBev, Walmart

ZICO Law
Work highlights

Managing global insurance giant Chubb’s trademark portfolio in Southeast Asia.

Representing Thai health and wellness company Mega Lifesciences on the trademark enforcement of its well-known acne treatment medication.

Key clients

Advanced Info Service, Lenzing Aktiengesellschaft, TAC Consumer, United Life Sciences

Labour and employment
JTJB International Lawyers
Work highlights

Acting for Concentrix Services on various labour and employment matters, including reviewing and commenting on its work from home policy and termination of employment due to the COVID-19 outbreak.

Key clients

Marriott Executive Apartments Sukhumvit Park Hotel

Natipatana Law Office
Work highlights

Advising Sharp Thailand on various corporate and employment matters.

Rajah & Tann Thailand
Work highlights

Successfully represented Sermsuk in labour court proceedings and ultimately obtained a Thai Supreme Court judgement in favour of the client over unfair dismissal claims brought by ex-employees.

Tilleke & Gibbins
Work highlights

Advising Walt Disney Thailand on a complex domestic employment matter related to the termination of a mid-level employee for poor performance.

Defended a global provider of financial services technology against a terminated Thai employee, who was responsible for selling the client’s product in the country. The plaintiff was suing for unfair termination.

ZICO Law
Work highlights

Advising a global end-to-end IT services and solutions provider on its revised sales incentive compensation plan under Thai law.

Assisting a luxury Singapore-based hotel chain on legal advice and strategy on the termination of senior management who is also a director of the entity in Thailand.

Restructuring and insolvency
Chandler MHM
Work highlights

Advised Nissan Motor Thailand on an internal corporate restructuring involving a share swap of Nissan Motor’s shares in Nissan Motor Thailand, Nissan Powertrain Thailand, and SNN Tools and Dies Company in exchange for new shares in its wholly-owned subsidiary, Nissan Motor Asia Pacific.

Acting for a listed domestic manufacturer as a debtor under insolvency proceedings on claims for the repayment of debts.

LS Horizon
Work highlights

Acting for Lucky Resources & Logistics in its rehabilitation by drafting the rehabilitation plan that was subsequently approved by the creditors and the Central Bankruptcy Court.

Tilleke & Gibbins
Work highlights

Assisted General Motors on two matters involving the reduction of two subsidiaries’ registered capital by way of eliminating both ordinary and preferential shares in preparation for winding down operations in the country.

Weerawong C&P
Work highlights

Working with Sahaviriya Steel Industries on its $1.9 billion rehabilitation and business reorganisation as demanded by its major creditors in the UK and Thailand.

Key clients

EY Corporate Advisory Services, Krung Thai Bank, Ladprao Plaza, Sriracha Harbour, Triple T Broadband

Tax
DFDL
Work highlights

Assisted the Thai operational segments of Aditya Birla Chemicals Thailand on its transition from a Thai International Headquarters scheme to a new regime that is a newly-established incentivised programme under the auspices of the Thai Board of Investment. This transition was one of the first in Thailand and involved a significant reworking of current operational, employment, and compliance and reporting modifications.

Advising Hong Kong-based Asian investment fund and asset manager, Ion Pacific, on local tax advice, investment structuring, upstream US tax planning and compliance support.

Kudun and Partners
Work highlights

Assisting fuel and lubricant company Sea Oil on its VAT assessment and mitigation of VAT penalty and providing tax planning on VAT refund for the company and its subsidiaries.

Advising a Thai renewable energy company on a complex tax planning proposal for its investment in solar power plants in Lao PDR.

Acting for a domestic marine transportation and logistics company on its annual tax planning for operations and investments of the company and its subsidiaries to mitigate tax implications after being granted tax privileges under the board of investment (BOI) promotion.

Key clients

Pilatus Marine, PM Enterprises Holding, Prime Marine, TOA Group Holding

Tilleke & Gibbins
Work highlights

Advising one of the largest petroleum companies in Asia on tax planning matters related to an EPC contract for an olefins reconfiguration project.

Representing a multinational nutritional supplement company in a complex customs dispute. The matter involves the application of internationally accepted rules of origin in calculating whether products imported for distribution in Thailand qualify for tax exemptions under ASEAN member trade agreements.

Assisting a Hong Kong-based real estate investment and property management company with tax, real estate, and corporate matters related to major property investments in Bangkok and Phuket.

Acting for a multinational computer technology behemoth on a complex Thai customs dispute regarding rules of origin application under the China-Thailand free trade agreement (FTA). It is based upon a complicated tri-party shipping distribution channel for products originating in China that were shipped into Thailand through Malaysia and invoiced from the client’s entity in Singapore.

Key clients

AnexTour, Kellog’s, Weiss Asset Management