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DLA Piper (Thailand) Limited

47/F UNIT 4707, EMPIRE TOWER, SOUTH SATHORN ROAD, BANGKOK 10120, THAILAND
Tel:
Work +66 2 686 8500
Fax:
Fax +66 2 670 0131
Email:
Web:
www.dlapiper.com

Thailand

Banking and finance
Banking and finance - ranked: tier 3

DLA Piper (Thailand) Limited

The banking department at DLA Piper (Thailand) Limited has acted for lenders and borrowers in a range of financing and refinancing transactions in the context of project finance, trade finance and M&A. Additionally, the team has extensive experience in leveraged and acquisition finance and corporate lending, and is particularly active in the energy, renewables, petrochemicals and commodities industries. Timothy Tan heads the practice and splits his time between the firm’s Bangkok and Singapore offices. On the borrower’s side, Tan acted for PT MNC Sky Vision on its $170m syndicated refinancing facility arranged by a variety of investor and lender institutions. In the project finance space, the team advised Asian Investment Fund as lender and arranger on a $20m financing for a waste-to-energy project in Thailand. In 2016-2017, Tan’s team was also involved in real estate finance and trade finance, in addition to working on a litany of acquisition and working capital facilities. The department’s lender-side clients include Standard Chartered Bank, Deutsche Bank, Ascend Capital and TOR Investment.

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Corporate and M&A (including capital markets)
Corporate and M&A (including capital markets) - ranked: tier 2

DLA Piper (Thailand) Limited

Acting primarily for large, international clients, DLA Piper (Thailand) Limited’s corporate group is regularly involved in global-scale acquisitions, and is well known in the Thai market for its work in the telecoms, pharmaceuticals and insurance sectors. Department head Chanvitaya Suvarnapunya has extensive experience in domestic and international M&A and acted for Menzies Aviation in relation to the proposed acquisition of ASIG for $202m – this matter involved assets in four continents and the corporate team also handled the equity rights offering linked to the acquisition. The group regularly works alongside the firm’s top-ranked real estate practice; it is advising Henxing Property (Thailand) on a 100% share acquisition of NT Group Property, which required both corporate and property due diligence. Moreover, the team has acted for property funds and various tech and healthcare corporates in 2016-2017. Counsel Chadaporn Ruangtoowagoon and Timothy Tan, who splits his time between the firm’s Bangkok and Singapore offices, are recommended. Supreedee Nimitkul left the firm to join Kennedys newly opened office in 2017.

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Dispute resolution
Dispute resolution - ranked: tier 2

DLA Piper (Thailand) Limited

DLA Piper (Thailand) Limited focuses on complex cross-border litigation and regulatory matters spanning a range of industries, but is particularly well-known for handling disputes in the insurance, IP and tech, aviation and real estate and construction sectors. As one of the firm’s major strengths, the Bangkok team has specialists in all areas of litigation, arbitration and other forms of alternative dispute resolution (ADR). Managing partner Peter Shelford assisted a member of one of the world’s largest aircraft leasing companies with obtaining a repossession order of two jet engines, which represented the first time the Thai courts granted such an order on engines that were already installed on an aircraft. Shelford is also representing Diebold Nixdorf in seven separate claims against the Thai Customs Department concerning import duties and other taxes on certain ATM machines; the team has won two of these claims, which are now pending in the Supreme Court, while five claims are ongoing at the time of publication. Of counsel Don Rojanapenkul and Chanvitaya Suvarnapunya are additional contacts in the litigation and regulatory department, while notable clients include FWD Insurance, Yum! Restaurants International and HKR International. Suraphon Rittipongchusit joined Kennedys in 2017.

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Real estate and construction
Real estate and construction - ranked: tier 1

DLA Piper (Thailand) Limited

Having been particularly active in the hotel and leisure sector, DLA Piper (Thailand) Limited handles real estate finance, development and litigation throughout the ASEAN region. The department regularly acts alongside the firm’s tax, corporate, regulatory and restructuring teams to advise on real estate projects from start to finish. Practice head Dusadee Jittasaiyapan advised Tropicana Corporation Berhad on the acquisition of land in Thailand for the purpose of developing a hotel and resort. He has been instructed by international hotel developers concerning projects throughout Southeast Asia, the Middle East, Africa and Russia. The team also acted for Henxing Property (Thailand) on the acquisition of NT Group Property, which owns an apartment building in Sukhumvit. Supranee Arjjit is an active senior associate in the practice group. The team is also experienced in real estate and construction litigation. Dusit International Group, Ek-Chai Distribution System (Tesco Lotus), Virgin Active, Greenland Holding Group of China, and Starwood Asia Pacific Hotels & Resorts are other key clients.

Leading individuals

Dusadee Jittasaiyapan - DLA Piper (Thailand) Limited

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 1

DLA Piper (Thailand) Limited

With specialists in finance, corporate matters and litigation, and a regional network with which the team regularly works, DLA Piper (Thailand) Limited has particular expertise in distressed debt purchases, domestic and cross-border creditor-debtor cases and bankruptcy. In one particularly topical matter, Timothy Tan and Chatchai Inthasuwan are acting for Tata Steel UK as a creditor in the court-driven rehabilitation proceedings of Sahaviriya Steel Industries involving debts totalling over $1.4bn; this represents the largest debt restructuring in Thailand since 1997. Working alongside the firm’s Hong Kong and Singapore teams, Tan is helping to advise the joint liquidators of the $1.3bn Platinum Partners Value Arbitrage Fund regarding the fund’s assets across Asia and Australia. The team is also advising a “white knight” investor on the debt restructuring and recapitalisation of Royal Chemie Group spanning six jurisdictions. Chanvitaya Suvarnapunya has experience in internal restructurings linked to potential bankruptcies. Suraphon Rittipongchusit and Supreedee Nimitkul left the firm.

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TMT
TMT - ranked: tier 2

DLA Piper (Thailand) Limited

DLA Piper (Thailand) Limited is particularly experienced in obtaining licensing and other operational rights for clients in the tech and telecoms sectors. The integrated IP and TMT group works across various industry sectors and has been especially active for air carriers and aircraft-related telecoms providers in 2016-2017. Chanvitaya Suvarnapunya heads the practice group and has been instructed by clients such as Expedia, Telstra Corporation and LINE Plus Corporation. Working alongside its dispute resolution department, the firm has also seen recent growth in the number of contentious matters it undertakes. Indeed, the litigation team was successful in defending a claim bought against its software developer client regarding a banking systems project. Pattama Jarupunphol is an active senior associate in the team and Supreedee Nimitkul left the firm to join Kennedys.

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Tax
Tax - ranked: tier 2

DLA Piper (Thailand) Limited

DLA Piper (Thailand) Limited provides ‘clear and pragmatic advice’ in non-contentious tax structuring and optimisation, as well as tax disputes, including those involving customs and excise duties. The Bangkok team regularly works alongside its regional colleagues, and is led by Chanvitaya Suvarnapunya, who has particular experience in the tax aspects of large cross-border M&A. In 2016-2017, Suvarnapunya has provided tax advice to regional investment managers, manufacturers and professional services firms. On the contentious side, Peter Shelford successfully represented Diebold Nixdorf in two claims brought by the Thai Customs Department regarding the import duties and taxes imposed on certain ATM machines; in addition to these two claims, there are five more ongoing claims. Notable clients include St Jude Medical, Cognizant Technology Solutions and ACI Worldwide (Thailand).

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Transport
Transport - ranked: tier 2

DLA Piper (Thailand) Limited

The shipping team at DLA Piper (Thailand) Limited has true specialism in disputes and regulatory matters. In addition to the contentious and regulatory expertise – bolstered by a deep knowledge of the insurance industry – the team also handles commercial and corporate work and chartering negotiations with government entities. Chanvitaya Suvarnapunya assisted clients such as EMAS Offshore (Thailand) and MMA Offshore with applications for foreign business licenses under specific vessel chartered agreements with PTT. Much in line with the Bangkok office’s focus, however, about 90% of the group’s work is contentious, and it is in that space that the shipping team particularly stands out. In 2016-2017, Peter Shelford has acted for P&I clubs, trade organisations, insurance companies and charterers in a range of disputes, covering passenger liability, sunken vessels and collisions and insurance contract disputes. Clients include Shipowners P&I Club, UK P&I Club and United Thai Shipping Corporation.

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Thailand: Dispute resolution

International arbitration
Dispute resolution: international arbitration - ranked: tier 2

DLA Piper (Thailand) Limited

Though the Bangkok office is going through a period of regrowth, DLA Piper (Thailand) Limited remains active in arbitration proceedings in a range of forums, including ICC, SIAC, China International Economic and Trade Arbitration Commission (CIETAC) and TAI. Managing partner Peter Shelford has expertise in insurance, investment and regulatory matters, and has been involved in arbitral proceedings regarding energy pricing and construction, and has also handled enforcement matters. The department’s key clients include Diebold Nixdorf, FWD Insurance, Global Procurement Pty and Yum! Restaurants International (Thailand). Chatchai Inthasuwan retired in 2017, though the team has recruited a number of new junior-level lawyers and is investing in a period of training and organic growth. Suraphon Rittipongchusit joined Kennedys in 2017

Leading individuals

Peter Shelford - DLA Piper (Thailand) Limited

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

Legal Developments in Thailand

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