Chandler MHM

Prakarn Sombunying

Senior Associate

Prakarn Sombunying

Print profile

Languages
English Thai

Contact Information

TEL
+66-2-009-5165 +66-6-5510-1422
FAX
+66-2-009-5080

Practices

Summary

KEY QUALIFICATIONS

Prakarn is a Senior Associate at Chandler MHM in the Litigation and dispute resolution practice group. He has more than 10 years experience advising and representing clients across a broad range of sectors on a diverse range of disputes. He focuses on administrative law and disputes related to government contract (e.g. concession and production sharing contract), and has significant experience on corporate and commercial disputes, shareholder disputes, and insolvency and rehabilitation. Prakarn has also represented clients in relation to a number of criminal matters including white-collar crime and cases of corruption and misconduct.

Prior to joining Chandler MHM Prakarn worked for another leading law firm in Thailand and also as an independent practitioner.

Prakarn currently continues education for his personal development and fulfillment in area of economics by pursuing Master of Arts (MA) in Political Economy, Faculty of Economics, Chulalongkorn University, with anticipated year of completion in 2024.

RELEVANT CLIENT EXPERIENCE

Some Representative Transactions:

Administrative / Government Contract Disputes

  • Thailand’s leading telecommunication conglomerate on legal strategies, constitutional law and administrative law relating to broadcasting license transfer, a satellite orbital slots auction, and a merger of telecommunication businesses.
  • Thailand’s leading professional football clubs in challenging an administrative order issued by the Football Association of Thailand in relation to the disputes arising from an allocation of right and quota for football clubs to participate in the Asian Football Confederation (AFC) Champions League. Also represented the club in an arbitration dispute at Tribunal Arbitral du Sport / Court of Arbitration for Sport in Lausanne, Switzerland (collaborated with foreign counsels from Germany).
  • NGOs, activists, and villagers in Samaesan sub-district, Sattahip district, Chonburi province in verifying their rights over lands, against Sattahip Royal Navy base and Department of Lands, in relation to disputes arising from an announcement of the Royal Decree of King Rama VI reserving the lands in Sattahip district for the purpose of military services.
  • An individual client in challenging the administrative order issued by the Director General of Department of Land regarding its refusal to revoke illegal registrations on the title deed of the land located at the heart of Bangkok’s business district and represented client in the Administrative Court to request judicial review over the legality of the public authorities’ administrative decision.
  • One of the world’s largest oil and gas and renewable energy conglomerates on constitutional law, administrative law and arbitration matters in relation to an administrative dispute arising from law enforcement and interpretation of concession agreement.
  • An oil and gas global investment company in a dispute in relation to a Production Sharing Contract (PSC).
  • A finance institution on administrative law and Administrative Court procedure for risk assessment on a financial project to a municipal waste composting plant affected by an administrative dispute arising from community network-led opposition to the construction project.

Commercial and Corporate Disputes / Torts

  • One of the leading cane sugar and bio-energy producers in Thailand, as the employer, in relation to a dispute with contractors under the construction contract and supply agreement for building a sugar energy complex and factory in Thailand.
  • Thailand’s major wind energy conglomerate in multi-jurisdiction litigation proceedings on multiple grounds in relation to share purchase agreements worth more than THB 20,000 million. The dispute also involved both criminal and civil cases related to fraud, forgery, and an investigation into internal controls.
  • Thailand’s leading advanced medical equipment distributor in the Court of Appeal, in its defense against a civil complaint filed by the contract parties in relation to a share purchase agreement. The contract parties sought nullification of the agreement and a return of the share purchase price of THB 242 million.
  • A Japanese chemical manufacturing company and its affiliate in Thailand in defending a lawsuit filed by one of its former executives, in a dispute over the legality of the company shareholders’ meeting, the payment of a dividend and a tort claim.
  • A major Japanese financial investment company on case strategies for a class action lawsuit involving THB 2.675 billion of compensatory claims arising from an allegation of tort. The allegation was that there was an intent to take over the business of a reputable company listed on the Thailand Stock Exchange by evading compliance with the regulations of the Securities and Exchange Commission (SEC), causing 50 investors to incur substantial damages.
  • A Hong Kong branch of a British multinational banking company in preparation for filing a dissolution complaint on its invested company in Thailand against the opposing side of shareholders.
  • A client in Thailand's viral stolen kidney case (the so-called ‘chan-ta-na case’) in defensing a compensatory claim against a private hospital and the surgery doctor. The claim involved an alleged wrongful act of stealing the patient’s kidney.

White-collar Crimes / Criminal Cases

  • A client in defending a civil case over the ownership of an invaluable seashore plot of land in Cha-Am district, Phetchaburi Province. The client and local officers were accused of fraudulent conduct in forging a land title deed and official documents.
  • A British individual investor in a Crime Suppression Division police investigation concerning a criminal allegation against the British national of a fraudulent act in relation to deceiving many foreign investors to invest in a land development project of a five-star luxury resort in Phuket, with a compensatory claim of more than GBP 2.2 million.
  • A Singaporean business consultant company in filing criminal accusations to the Technology Crime Suppression Division (TCSD) police. This was for the investigation and prosecution of a person for a wrongful act of illegal access into a computer system and computer information of a company. This was an offence pursuant to the Computer-Related Crimes Act B.E. 2550 (2007), as the act caused monetary losses and impacted on the company’s business relationship with its customer.
  • A client charged with attempted murder in the Court of Appeal and in the Supreme Court, which overruled a ten year-imprisonment sentence handed down by the Court of the First Instance. The charge of attempted murder arose from a gunfight.
  • Thailand’s leading metal manufacturing companies in resisting a business takeover attempt in a series of hostile litigation cases against the board of directors; conducting corporate investigation and launching sequence of criminal offenses against former executives.
  • Clients in defending charges on corruption and misconduct prosecuted by the National Anti-Corruption Commission.

Insolvency and Restructuring

  • A global financial services group and its subsidiary in Thailand, in relation to the debt restructuring and business rehabilitation process of its Thai debtor, a major Thai full-service airline business listed under the Thai Stock Exchange.
  • Aviation industry clients in business rehabilitation of Thai Airways International PCL.
  • Thailand’s leading industrial metal supplier, as a creditor to a claim of THB 126 million arising from a breach of a sales contract by its debtor and acting as leading attorney in business rehabilitation process of its debtor in filing objection to fraudulent business rehabilitation petition.

EDUCATION

  • Thammasat University (Diploma in Public Law, 2022)

  • University of Melbourne Law School (LL.M. in Public and International Law, 2018)

  • Thammasat University (LL.B. with 2nd Class Honors, 2010)

QUALIFICATION

  • Thai Barrister at Law, 2013
  • Thai lawyer license, 2010

MEMBERSHIP

  • Ordinary member of Thai Bar Association
  • Member of the Lawyers Council of Thailand

OTHER EXPERIENCE/PROFESSIONAL AFFILIATIONS

  • Invited judge committee to Thammasat University's Moot Court competition, awarding a well-performing team and mentoring, 2010-2020.
  • Invited lecturer to Thammasat University's Practical Law Training Program re: "Introduction to Legal Presentation", 2019. 

Prakarn Sombunying:Newsletters

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