Practices
Government Contracts
Chandler MHM has a strong practice regarding government contracts, including government procurement regulations, and regularly represents foreign investors on negotiating infrastructure contracts with governments across Southeast Asia.
Chandler MHM has decades of experience advising on projects involving Thai ministries and other government related industries. Our lawyers advise on government procurement regulations, and regularly represent foreign investors on negotiating infrastructure contracts with governments across Southeast Asia. In addition, the practice represents and assists several state authorities and enterprises in drafting laws and internal regulations, and studies the feasibility of state governments’ projects.
Some Representative Transactions:
- Department of Mineral Fuels of the Ministry of Energy on amending the Petroleum Act and drafting the standard form of the new schemes of Petroleum Operation in Thailand, i.e., the Production Sharing Contract and the Risk Service Contract.
- Export-Import Bank of Thailand on conducting self-assessment and preparing legal documents in order to comply with the Personal Data Protection Act B.E. 2562 (2019).
- Energy Regulatory Commission of Thailand on conducting legal due diligence and the litigation process in an administrative case on IPP bidding projects.
- Office of the National Digital Economy and Society Commission on amending sub-laws under the Act on Development of Digitality for Economy and Society B.E. 2560 (2017) focusing on the Development of Digitality for Economy and Society Fund (DE Fund).
- Asset Plus Fund Management Company Limited ("ASP”) in the investment transaction of the Social Security Office and the feasibility of investment in foreign funds, i.e., ARCH Capital Asia Partners IV, G.P. and ARCH Capital Direct Investment G.P. The transactions were worth USD 114,900,000 (equivalent to THB 4 billion) and USD 183,600,000 (equivalent to THB 6.3 billion) respectively.
- Rubber Authority of Thailand on advising on the feasibility of a Rubber Valley in the Southern Economic Corridor.
- Nam Ngum 3 (in Lao PDR) – due diligence engaged by sponsors of Nam Ngum 3 Power Company Limited as independent legal counsel to conduct a legal due diligence exercise over the Nam Ngum 3 Hydropower Project located in Lao PDR. This was to support the Ministry of Energy of Thailand’s consideration in connection with the investment by EGAT (Electricity Generating Authority of Thailand) International Co., Ltd., a private company established by EGAT.
- TOT (Telephone Organization of Thailand) Public Company Limited / CAT (Communications Authority of Thailand) Public Company Limited acting as a transaction legal counsel to both CAT Public Company Limited and TOT Public Company Limited, two major telecom state owned enterprises in Thailand, in connection with their amalgamation into a newly amalgamated company, National Telecom Public Company Limited.
- PTT (Petroleum Authority of Thailand) Oil and Retail Business PCL (PTTOR) acting on financing from Bangkok Bank PCL, Government Savings Bank, Krung Thai Bank PCL, Mizuho Bank, Ltd. (Bangkok Branch), and Sumitomo Mitsui Banking Corporation (Bangkok Branch) in connection with the spinoff of its oil and retail business.
- A global financial services group in relation to the debt restructuring and business rehabilitation process of its Thai debtor, a major Thai full-service airline business listed under Thai Stock Exchange. The creditor is filing an application against its debtor, Thai Airways PCL, for repayment of outstanding aircraft financing debts under business rehabilitation proceedings in the Thai bankruptcy court.
- PTT as special counsel to PTT on its Joint Development Area (JDA) gas purchase, pipeline and separation plant project, a joint venture with PETRONAS, and for the project company, TMM (Thailand), for the Trans-Thailand-Malaysia Pipeline Project. Since 1999.
- PTTEP acting as special counsel to PTT Exploration & Production on negotiation of Joint Operating Agreements with Total and Esso, and in financing its participation in development of the Bongkot Field, and in other projects. Since 1990.
- PTT acting for PTT on the merger of listed affiliates Rayong Refinery and Aromatics Thailand.
- Expressway company claiming against the Thai government for damages arising from an expressway contract.
- Thai state-enterprise for a concession conversion.
- International pipeline company - acting for an international pipeline company in order to claim against a state-enterprise for damages.
- AOT (Airports of Thailand) on providing secretarial services for its annual general meeting.
- Thai Airway International Public Company Limited (trading as THAI, the flag carrier airline of Thailand) on providing secretarial services for its annual general meeting.
- TOT Public Company Limited in providing TOT with general advice.
- Office of Insurance Commission, a regulatory body pertaining to the insurance industry, in screening the English language translations of laws and regulations for publication. Given the nature of the industry that requires international players to help promote its growth and developments, this government agency is focusing on catering to the needs of such international players for the sake of their comprehension of and compliance with the applicable rules.
- A state-owned enterprise’s business arm in proceeding with an appeal against an assessment of value added tax (“VAT”) of over THB one hundred million. The final court decision of this case could set a precedent that may impact the entire inland logistics industry (which has grown significantly with the rise of e-commerce) and may hinder the growth of sophisticated logistics services.
Enquiries about Government Contracts
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