KEY QUALIFICATIONS

Tawatchai is a Partner at Chandler MHM in the litigation and dispute resolution practice group. Over the past 15 years, he has represented Thai and foreign clients in resolving complex and sophisticated disputes across a broad range of sectors. He also provides legal advice and strategic planning for dealing with counterparties and handling challenging situations in both pre-litigation and litigation stages. His expertise spans several legal sectors, including banking and finance, capital markets, construction, employment, real estate, international trade, and insolvency.

Tawatchai handles cases in arbitral proceedings conducted and seated in Thailand, including the enforcement and setting aside of domestic and foreign arbitral awards within the country. Additionally, Tawatchai advises both domestic and multinational creditors and debtors on high-profile insolvency and debt rehabilitation matters.

RELEVANT CLIENT EXPERIENCE

Some Representative Transactions:

Insolvency / Rehabilitation

• one of the major creditors and shareholders of TT&T Pcl. in both rehabilitation and bankruptcy proceedings. The creditor was owed more than 20 billion Baht of debt and held approximately 24.9% of the total issued shares. The outstanding debt of the debtor was 200 billion Baht. This included advising such creditors in the role of a creditors’ committee.
• a company manufacturing pipes and joints as the debtor which sought to proceed with any available actions to ensure the survival of the company. This includes representing the debtor in rehabilitation proceedings as a plan preparer and a plan administrator and settling all debts owed to its foreign lenders amounting to approximately US$ 250 million.
• Bangkok branch of three major international banks (based in Japan, China and the UK) in an aggregate claim of 1.5 billion Baht for debt repayment in the rehabilitation proceedings of TT Ceramic Co., Ltd., one of the leading manufacturers of ceramic tiles.
• global financial services groups, international banks, global aircraft operating lessors and finance lessors and bondholders in relation to the debt restructuring and business rehabilitation process of its Thai debtor, Thai Airways PCL, a major Thai full-service airline business listed under the Thai Stock Exchange.
• global aircraft operating lessors in relation to the debt restructuring and business rehabilitation process of its Thai debtor, Thai AirAsia X Co., Ltd, a Thai long-haul low-fare airline.
• global aircraft operating lessors in relation to the debt restructuring and business rehabilitation process of its Thai debtor, Nok Airlines Plc., a low-cost airline in Thailand operating mostly domestic services listed under the Thai Stock Exchange.

Arbitration

• one of the major real estate developers in an arbitration conducted under the Arbitration Rules of the Thai Arbitration Institute (TAI) in Bangkok, Thailand. The dispute concerned construction work. The disputed amount was approximately 97.6 million Baht.
• onshore and offshore contractors in an arbitration case initiated by the project owner in relation to a dispute under construction contracts for construction of a Biomass Fired Power Plant and Power Plant Accessories, conducted under the Arbitration Rules of the Thai Arbitration Institute (TAI) in Bangkok, Thailand.

Corporate and Commercial Disputes

• a client in its appeal against an assessment of value added tax. This case involves legal interpretations as to whether the aggregate fees charged under the THPD-GPO agreement for inland transportation as well as ancillary services are vatable. The main issue of the case is whether the VAT assessment is inconsistent with the Revenue Code which provides that revenue from inland transportation is VAT exempt.
• an engineering company (consortium member) as a subcontractor, in defending a claim asserted by the main contractor under an Engineering, Procurement & Construction (EPC) contract in relation to construction work for a municipal waste management plant with an 800 tons per day capacity.
• a well-known real estate developer company in Thailand which is constructing a high-rise condominium in the metropolitan area of Bangkok. Another party claimed that they are the owner of the public road in front of this project and that our client used the road without any permission or authorization.
• one of the global leaders in water, hygiene and infection prevention solutions and services in relation to disputes under the supply and services agreements.
• one of the well-known pipeline construction companies for the energy and petrochemical industry in Thailand, in respect to a claim arising from a time extension which was outside of the contract period and additional expenses for additional work which breached the contract. A penalty was also payable for the delay in delivering work.
• one of the well-known oil & gas companies in respect of disputes under the water supply agreement.
• leading real estate developers in Thailand and their subsidiaries in court proceedings and providing legal opinions on various issues related to real estate law, construction and consumer protection law.
• both domestic and international companies in various sectors including banking, energy, chemical, real estate, construction, logistics, food & beverage for representation in court proceedings and/or providing legal and strategic advice on commercial agreements and various legal matters including shareholder disputes, insolvency, liquidation, construction, employment, corporate, mergers and acquisitions, JV, anti-corruption money laundering and administrative law etc.

Capital Markets Disputes

• a luxury real estate investment fund managed by a well-known Thai asset management company which was Thailand’s first freehold property fund which had invested in a five stars luxury hotel in Koh Yao Noi, PhangNga Province. This includes organizing the unit holders’ meeting, providing a legal opinion, representing a civil action in relation to the disputes brought by the lessee and the guarantor on the minimum revenue of the fund under the Lease Property Agreement and Undertaking Agreement. The claim was for approximately 100 million Baht.
• one of the Thai oil funds which invested in Invesco DB Oil Fund and one of well-known Thai asset management companies as a fund manager in court proceedings in connection with the disputes initiated by investors in relation to the sale and purchase of units and management of the Fund.
• a leading listed hire purchase financing company on legal matters involving several areas of law. The advice concerned the actions of the regulating authority against the company. It was alleged that the company failed to comply with several regulations. Provided legal advice and advised on strategic planning for the company to deal with its counterparties and regulators, and to handle the events that would follow, such as termination of investment agreements by the creditors, rehabilitation filing by creditors and negative press releases.

Administrative Disputes

• a construction Company in an administrative matter to revoke the administrative order issued to list the company as the work abandoner.
• a group of shareholders in a public company in an administrative case to revoke the administrative order issued by the registrar of the Department of Business Development.

EDUCATION

• King's College London (LL.M. in International Business Law with Merit, 2016)
• Thammasat University (LL.B. with 2^nd Class Honors and King Bhumipol's Award (Gold Medal), 2007)

QUALIFICATION

• Thai Barrister at Law, 2008
• Thai lawyer license, 2008

MEMBERSHIP

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

PUBLICATIONS

• "The Legal 500: Restructuring & Insolvency Country Comparative Guide – Thailand Chapter" (yearly publications worldwide, co-author)