Thailand

The integration of Chandler & Thong-ek Law Offices (CTLO) with Japanese firm Mori Hamada & Matsumoto, announced in August 2016, is expected to strengthen CTLO’s stellar banking and finance practice led by Jessada Sawatdipong. The team, praised by a banking client for its “good quality of service and very practical and flexible”, benefits from its long-term relationships with Thailand’s largest commercial banks, including Bangkok Bank and Krungthai Bank, and multilateral institutions, such as the Asian Development Bank (ADB), in loan syndication and project finance.  Sawatdipong and Supasit Boonsanong have been advising a large domestic chemical company on a complex $820 million joint venture financing. The multi-phased project involves not only financial issues but also construction, supply and offtake agreements.

Rashane Leerabandhu leads a team of finance lawyers at DFDL, which is strong on outbound investment projects in Cambodia, Laos, and Myanmar. Audray Souche, noted for her “responsiveness and hard work” by a peer, advised the domestic lenders of Xayaburi Power, a Laotian hydroelectric company, in a $3.5 billion share transfer for a 1,285 megawatt (MW) project.

The banking and finance practice at Rajah & Tann Thailand, Singaporean firm Rajah & Tann’s local affiliate, draws strength from managing partner Surasak Vajasit and the firm’s ASEAN presence. It advised on a global commercial bank’s first local ship financing and was legal counsel on an Asian bank’s working capital and foreign currency facilities.

Headed by Chinnavat Chinsangaram and Passawan Navanithikul, the banking and finance team at Weerawong, Chinnavat & Peangpanor has deep sector expertise in food and beverage, retail, and technology and communications. Navanithikul advised Thai trader Berli Jucker on a portion of its $6.1 billion acquisition financing for Big C Supercenter, a large nationwide retail store.

LS Horizon’s capital markets practice specialises in transactions for financial institutions groups and property companies, such as a public offering for a REIT. Team leader Khemajit Choomwattana advised the Laotian Ministry of Finance on a $182 million dollar-denominated dual-tranche sovereign bond through a private placement in Thailand.

Thanathip Phichedvanichok heads the capital markets group at Thanathip & Partners. Phichedvanichok has advised on Banpu Power’s initial public offering (IPO). The anticipated $600 million issue, expected by the end of 2016, is one of the first to be approved by the Securities and Exchange Commission (SEC) under the new Licensing Facilitation Act, which is intended to streamline the IPO application process so that the SEC can meet its 120-day approval period.

Peangpanor Boonklum and Veeranuch Thammavaranucupt lead a stellar practice at Weerawong, Chinnavat & Peangpanor that advises debt and equity capital market participants, including issuers, placement agents and underwriters, on multifaceted transactions. Experienced in Rule 144A and Regulation S offerings and issuances on Asian exchanges, such as the Singapore Stock Exchange, the team also handles trades of asset-backed securities and real estate investment trusts (REITs). Rule 144A allows qualified institutional buyers to trade privately placed securities among themselves during a two-year holding period, and Regulation S exempts an issuer from registering offerings made outside the US under the US Securities Act. Boonklum and Thammavaranucupt advised Jasmine International, a Thai integrated telecommunications service provider, on Jasmine Broadband Internet Infrastructure Fund’s formation and its combined Bt55 billion ($1.6 billion) domestic and Rule 144A initial public offerings.

A near-two decade veteran in southeast Asia’s real estate and real estate finance markets, Robert Schuler leads the construction and real estate practice at Blumenthal Richter & Sumet. Clients involved in resort, residential, and mixed-use property developments include a broad swathe of companies, such as institutional investors, construction companies and entrepreneurs. The team can also handle construction loans, workouts, and acquisition financing. The firm has “extensive experience and knowledge, fast to reply, cares about [us]”, says a client.

LS Horizon’s construction and real estate team works on transactions involving hotels, commercial properties and residencies. Practice head Sunpasiri Sunpa-a-sa has been advising on the Bt21 billion ($520 million) MahaNakhon project, a luxury mixed-use 77-floor skyscraper in Bangkok’s Silom central business district.

Cynthia Pornavalai’s group of construction and real estate lawyers at Tilleke & Gibbins deftly handles property development, sales and purchases, and mortgages. Pornavalai acted for The Yamu, a luxury resort and villa developer, on land acquisition, villa leasing, and property management agreements in a project on the southern Thai island of Phuket.

In addition to funds work the real estate practice at Weerawong, Chinnavat & Peangpanor handles engineering, procurement, and construction (EPC) matters. With real estate specialist Chusak Suwanpuchai, the team has been involved in a number of EPC projects in the solar power industry. Instructed by Thai-listed Gunkul Engineering, the group negotiated and finalised an EPC contract for a solar project. The firm is “very responsive and clear and [provides] concise advice on difficult issues of Thai law”, says a client.

Despite Thailand’s annual economic growth plunging from a high of 7.2% in 2012 to 2.8% in 2015, according to the ADB, the distinguished corporate/M&A practice at Chandler MHM, led by Niwes Phancharoenworakul and Ratana Poonsombudlert, maintained its strong performance. The team’s cross-border transactions in high value manufacturing, logistics, and technology, media and telecommunications, have buoyed the practice. Poonsombudlert advised Taiyo Nippon Sanso on its near-$70 million controlling share purchase of a Thai manufacturer. The team handled document preparation and negotiations with more than 100 individual shareholders, requiring lawyers to take a tailor-made approach.

The corporate group at DFDL, headed by Rashane Leerabandhu, has been active in M&A in IT, lifestyle brands and real estate. Inbound work has been for multinationals increasing their presence in Bangkok due to the attractive incentives on offer in the anticipated ASEAN Economic Community. Outbound service has been in foreign direct investment (FDI) into ASEAN markets by Thai companies. For instance, Martin Desautels advised Archetype Group, a construction consultancy, on a multi-market acquisition of Tebodin’s Asia-Pacific operations.

Thanathip Pichedvanichok’s corporate and M&A practice at Thanathip & Partners has been garnering business in corporate restructurings. Arunee Mahathorn advised Inter Far East Energy (IFEC) on its near-Bt1.66 billion ($50 million) acquisition of all of the shares of Dhara Dhevi Hotel Chiang Mai Group. The purchase by IFEC of Dhara Dhevi’s Bt860 million ($25 million) debt notes under a rehabilitation plan by the Export-Import Bank of Thailand complicated the transaction.

The corporate and commercial group at regional firm Tilleke & Gibbins, headed by Piyanuj Ratprasatporn, has worked on an increasing number of cross-border M&A deals. Cynthia Pornavalai and Charunun Sathitsuksomboon, the local counsel cooperating with Japanese law firm Oh-Ebashi LPC & Partners, represented apparel company Wacoal in the acquisition of six Thai companies.

Chinnavat Chinsangaram, Peangpanor Boonklum and Veeranuch Thammavaranucupt continue to lead the corporate and M&A practice at Weerawong, Chinnavat & Peangpanor. Partners tend to be “very approachable”, says a client, “and understand the client needs and exceed expectations with solutions, quick reverts and great relationship”. The team can represent all sides of a trade – from target to acquirer and adviser to financier – in a variety of industries including agribusiness, commodities and transportation. Weerawong Chittmittrapap and Sunyaluck Chaikajornwat advised on TCC Holding’s €655 million ($740 million) cross-border acquisition of German wholesaler METRO Cash & Carry International’s Vietnamese subsidiary.

JTJB International Lawyers has a busy litigation and arbitration practice that advises local and international clients. The firm regularly advises on contentious shipping and admiralty, and labour and employment issues. Managing partner Naiyachon Tathong is advising Bangkok Insurance on a matter in relation to a ship’s seaworthiness.

LS Horizon maintains a strong reputation in dispute resolution. Practice leader Prechaya Ebrahim and Bongkan Chuaydamrong are representing Banpu Group, a Thai energy and natural resources company, in a lengthy Bt64 billion ($1.85 billion) dispute with businessman Siva Nganthavee and his group, former partners in a Laotian coal-fired power project. In 2014 the Appeals Court reversed the Civil Court’s ruling, which ordered Banpu to pay compensation. The case is pending in the Supreme Court.

Some 35 lawyers at Tilleke & Gibbins specialise in arbitration and litigation, making it one of Thailand’s largest dispute resolution teams. Practice head Tiziana Sucharitkul and chief litigator Thawat Damsa-ard manage a team advising clients as diverse as GE, Macquarie Capital Group and Toyota, in addition to large domestics. Damsa-ard defended the CEO of a large South African financial services group against a criminal charge of false submission in a Bt20 billion ($580 million) debt repayment application. The Bankruptcy Court dismissed the complaint in March 2016.

Phisit Dejchaiyasak leads Weerawong, Chinnavat & Peangpanor’s dispute resolution group, which has recently gotten increased business from the media and telecommunications sectors. Sakchai Limsiripothong, who has “great knowledge, understand[s] the client’s needs, [and is] very proactive”, according to a client, is representing shareholders, directors and the CEO of Cyklop Group, a German packaging supplier, in several white-collar crime cases and a civil case between the group and its Thai subsidiary. The winning party is likely to take full control of the Thai affiliates.

The energy and natural resources team at Chandler & Thong-ek Law Offices has a stellar record in project finance and has significantly developed legal advice for Thailand’s renewable energy market. Practice head Jessada Sawatdipong, for instance, is handling a multi-million dollar refinancing of very small but innovative power producer projects. Specialising in cross-border projects in Laos, Malaysia, Myanmar and Nepal, the practice not only advises on large projects but also advises policy makers. Supasit Boonsanong advised the Petroleum Institute of Thailand on the Energy Regulatory Commission Law Reform Project, which focused on regulatory reforms to boost Thailand’s competitiveness in the natural gas market.

DFDL’s energy, mining and infrastructure group is a regional powerhouse, earning a strong reputation for its involvement in $25 billion worth of projects during the past decade. Regional practice head David Doran is praised by a client for his “experience on [the] ground, history, network and culture understanding”. Instructed by an infrastructure investment manager, Rashane Leerabandhu conducted due diligence and drafted share purchase agreements for the acquisition of Thai water processing plants.

Co-heads of the energy and natural resources practice at Tilleke & Gibbins, Cynthia Pornavalai and Santhapat Periera have hired mining specialist David Beckstead. “The firm is well-staffed with knowledgeable attorneys and they appreciate deadlines [and] budgets,” says a client. Pornavalai is assisting a turnkey solution provider and renewable energy asset manager navigate the Energy Regulatory Commission’s arcane procedures to bid for power plant projects under a new scheme to boost public-private partnerships in solar energy.

Weerawong, Chinnavat & Peangpanor has strong relationships and expertise on the finance side of energy and natural resources transactions.  Passawan Navanithikul, a specialist in project financing, advised Global Power Synergy on its first foreign venture capital deal, a $15 million investment in 24M Technologies, a US energy storage company. 

Aaron Le Marquer, a specialist in contentious insurance, and new hire Athistha Chitranukroh, an authority on non-contentious insurance – both former senior AIG executives – lead the stellar insurance practice at Tilleke & Gibbins.  A client respects the firm’s “attention to detail [and] thorough and analytical due diligence”. Chitranukroh’s team advises life and non-life insurers and reinsurers, such as AIG and Everest Reinsurance, on employment issues, market entry, M&A and underwriting risk assessment. Marquer’s handling of insurance disputes is highly regarded. Instructed by Glacier, Torus, and Amlin, a panel of global reinsurers, Marquer and Alongkorn Tongmee are involved in a dispute pending before the Supreme Court. The $100 million matter concerns whether an insurance policy held by a prominent Bangkok department store owner covers incidents during the ‘Red Shirt’ riots in 2010.

Managing partner Franck Fougere leads Ananda IP, a specialist firm, which welcomed Akarit Deemark as head of patents, while Nuttakorn Sorakun continues to manage litigation. The addition of new global clients, such as Honda (patents), Siemens (software), and Landmark Group (trade marks), illustrates the practice’s growth. Fougere and Sorakun are also managing one of Thailand’s most publicised copyright disputes involving a counter-attack on essential facility doctrine.

Domnern Somgiat & Boonma’s intellectual property practice (IP) is one of Thailand’s most active and diverse, including 135 full-time professionals and 45 technical experts. The team is said to handle about one-eighth of all trade mark applications and half of the patent applications filed by foreign companies in Thailand. The group’s patent and trade mark management extends into Cambodia, Laos, Myanmar and Vietnam. In enforcement, litigation is the practice’s specialty. Bolstered by strong relationships with the Economic Crime Investigation Division and the Department of Special Investigation, the team represents global brands across industries, including automotive (Mercedes-Benz), apparel (Calvin Klein), and food and beverage (Nestlé).  Nathapong Tongkaew and Chalermphong Jitkuntivong won a service mark infringement case for HDN Development in the Supreme Court.

Apichart Chirabandhu of Siam Premier has advised on a range of IP matters including trade mark and patent registrations, and managed cases when violations have happened. Chirabandhu investigated, for his client Microsoft, the alleged use of illegal software by the Ministry of Education. Techatat Udomsiri has handled IP disputes and litigation for Harrods, Seiko and Siam Cement.

Headed by Darani Vachanavuttivong, a clear IP leader in ASEAN markets, Tilleke & Gibbins’s 130 dedicated professionals is one of Thailand’s largest patents teams, handling patent registration and prosecution, annuity payments and freedom to operate analyses. The trade mark group has extensive experience managing non-contentious and contentious matters.  Srila Thongklang, Nandana Indananda, and Suebsiri Taweepon won a complex trade mark case in the Supreme Court. Representing Dsquared2, the team managed the multi-party matter, tried initially at Thailand’s Intellectual Property and International Trade Court (IP&IT Court). The Supreme Court affirmed the IP&IT Court’s decision, adding a lucrative payment provision based on the number of months the defendants had been committing trade mark infringement.

Blumenthal Richter & Sumet’s IT, telecommunications and media team, managed by John Formichella, handles legal and regulatory matters in data centre outsourcing, IT management and security, and networks and cloud services. The practice also advises on telecommunications infrastructure projects. Formichella, S Riedl and N Jamallsawat advised one of Thailand’s largest cement companies on a Bt1.6 billion ($50 million) time-sensitive project to convert its IT systems to digital technology and processes, data centres and enterprise resource planning.

Jeffrey Blatt, a 30-year veteran in IT, telecommunications and media who has worked in Silicon Valley and Hollywood, leads the practice at Tilleke & Gibbins. Advising global brands such as Facebook and Google, the team handles ASEAN issues in internet protocol TV systems, cloud-based services, and cyber security and Internet threat mitigation. Instructed by Apple, Blatt and David Duncan advise on potential new features for the local market, in addition to labelling and consumer protection requirements. In technology, media & telecommunications (TMT) M&A, the experienced pair have been advising Alibaba’s Ant Financial on a proposed joint venture with Ascend to bring Alibaba’s Alipay service to Thailand.

Till Morstadt, managing partner of Lorenz & Partners, leads the firm’s reputable labour and employment practice, with support from Naowarat Suthiweerawat, a tax specialist, and Athitaya Chantasirichot, a corporate partner. Morstadt and Steffen Kohrt have been drafting and reviewing employment agreements, in addition to offering general labour law advice for Windmoeller & Hoelscher, a global packaging company.

The project and infrastructure practice at Chandler & Thong-ek Law Offices, which is expected to complete its merger with Japanese firm Mori Hamada & Matsumoto by January 2017, is highly regarded not only for assisting developers with land acquisitions and rights of way but also for managing project financing with domestic and international project owners, sponsors and lenders. The team, led by Jessada Sawatdipong, an energy project financing specialist, handles relationships from Nepal to Malaysia in renewable energy, petroleum exploration and production, and petrochemical and refinery, in addition to some of Thailand’s largest water supply and distribution projects, such as Thai Tap Water Supply, a water producer and distributor in Nakhon Pathom and Samut Sakorn.

Headquartered in Bangkok with 15 partners in 10 offices stretching from Dhaka to Jakarta, DFDL’s energy, mining and infrastructure (EMI) team is a regional powerhouse. David Doran, the chairman and regional practice head, manages a full service group able to provide legal and tax advice to developers, investors, lenders, and sponsors, some of whom are based in the Middle East. Excluding the energy and natural resources sector, infrastructure projects tend to be in ports, roads and telecommunications.

Constantin Frank-Fahle of Lorenz & Partners, which has a strong European client list including Robert Bosch and Panalpina World Transport, has extensive experience advising on construction, procurement and real estate matters, in particular for plant projects. Frank-Fahle has a great deal of experience on plant and infrastructure projects in the Middle East.

Chiridacha Phungsunthorn, Thai energy law specialist, and Chaipat Kamchadduskorn, research specialist, share leadership responsibilities for LS Horizon’s project development practice. The team has extensive experience of large infrastructure projects, in particular mining, oil and gas, and power plants, in Laos and Thailand.

Tilleke & Gibbins advises ambitious infrastructure leaders on their project targets in southeast Asia’s dynamic markets. Cynthia Pornavalai and Santhapat Periera lead a multidisciplinary team skilled in government relations and anti-corruption to support the practice. David Beckstead and Nutavit Sirikan have been assisting a global advanced materials manufacturer prepare bid documents to build a large manufacturing facility.

Weerawong, Chinnavat & Peangpanor has strong relationships and expertise on the financing of projects and infrastructure transactions. The team has developed an expertise in advising on infrastructure fund IPOs. Peangpanor Boonklum and Wittaya Kaewkungsadan represented Thai power generator Electricity Generating Authority of Thailand and Krung Thai Asset Management on the Bt20.9 billion ($641 million) IPO of North Bangkok Power Plant Block 1 Infrastructure Fund shares.

Iain Melville leads the restructuring and insolvency practice at Axis Legal. The firm is advising the Thai subsidiary of a Japanese company on its voluntary petition for a court-supervised business reorganisation. In another matter, the firm is advising a Hong Kong property fund on its acquisition of a distressed real-estate project in Thailand.

Robert Fitzgibbons at DFDL specialises in legislative, regulatory and strategic issues in energy and natural resources, including renewable energy, and projects and infrastructure.  With more than three decades of legal experience, Fitzgibbons is noted for his capabilities in restructuring.

In restructuring and insolvency matters, clients engage Weerawong, Chinnavat & Peangpanor for integrated services during the pre-litigation and litigation phases, including out-of-court restructurings. Chinnavat Chinsangaram and litigator Suntus Kirdsindap manage the team to formulate strategy, analyse risk and tax implications, and coordinate domestic and foreign negotiations for creditors and debtors. Weerawong Chittmittrapap, Kirdsinsap and Veeranuch Thammavaranucupt, commended by a client for her “professional delivery and [for being a] dedicated lawyer”, has represented the significant creditors including Krung Thai Bank and Siam Commercial Bank of Sahaviriya Steel Industries (SSI), a Thai steelmaker, in a complex, near-Bt60 billion ($1.7 billion) business reorganisation. The team is also assisting SSI by representing the company before the Central Bankruptcy Court.

Jack Sheehan, regional tax group head, manages a team at DFDL of about 30 lawyers, accountants and other professionals. Clients include Heineken Asia Pacific and Krung Thai Bank. Sheehan and Emvalee Chiarapurk have been advising a Thai telecommunications company on tax planning for cloud computing operations across multiple jurisdictions in Thailand, Singapore and the US.

Managing partner Naiyachon Tathong heads the shipping and admiralty practice at JTJB International Lawyers. The firm advises ship owners, shipyards, insurance and logistics companies. Tathong is advising Zurich Australia Insurance and WK Webster in a case in relation to damage to a boiler. The firm’s clients include Daimon Shipping and Furtrans Ship Management.

Till Morstadt and Naowarat Suthiweerawat manage Lorenz & Partners’s tax practice.  Morstadt and Athitaya Chanthasirichot have been acting as legal counsel for Robert Bosch Thailand during the carve-out of its packaging division. The cross-practice matter involves corporate, licensing and tax issues.

Pramuanchai Law Office has a reputable shipping, maritime and aviation practice, led by Pramual Chancheewa. He was counsel in the Eastern Fortitude vessel matter, begun in 2002, involving one of the largest oil spills in Thailand’s history. Sken Kongkaew specialises in aviation and shipping matters, while Thanakrit Srirasa has large shipping companies and their protection and indemnity (P&I) insurance clubs as clients.

Advising ship owners, shipyards and P&I clubs, Chinachart Vatanasuchart and John Frangos lead the shipping, maritime and aviation team at Tilleke & Gibbins. The firm “is very professional, highly knowledgeable”, says a client, “with good service and [able to] match timeline”. Vatanasuchart and Aaron Le Marquer acted as legal counsel to UPS, a US logistics company, on cross-border insurance and regulatory matters in shipping and data privacy during its acquisition of security company G4S’s logistics business in Thailand.

With a decade at the Revenue Department followed by 20 years of practice, Sriwan Puapondh, head of Tilleke & Gibbins’s tax practice, has strong relationships with tax authorities and large companies in different industries. Puapondh and Charunun Sathitsuksomboon are acting as general counsel to Azbil, a Japanese industrial design company in Thailand. In addition to corporate matters, advice has concerned the tax implications of contracts for energy management systems with Thailand’s Metropolitan Electricity Authority, as well as transfer pricing and intragroup royalties.