Pornthita Pathratrathip

Associate


Contact Details

T: + 66 2 264 8000
F: + 66 2 657 2222
Email:

Pornthita Pathratrathip is an associate in the litigation and arbitration practice group at Weerawong C&P.  She represents multinational and local companies in dispute resolution and has intensive experience in environmental disputes and class action litigation.

Pornthita also has experience in projects, including advising the Government of Thailand, state owned enterprises and leading companies in Thailand in the implementation of major infrastructure projects. She has in-depth experience in public private partnerships at the national level, including major aviation, port and highway projects.

Recent Experience

Represented a major manufacturer of viscose in Thailand in defending a class action case brought forward in connection with an alleged nuisance caused by the operations of a factory. The case is significant as the court has certified a broad definition of class members, among other issues. 2020

Represented a Thailand-based company engaged in the manufacture and sale of carbon black, which is supplied to global markets including Indonesia, Philippines, Malaysia, China, Korea, Taiwan and Australia, in the appeal process in relation to an environmental lawsuit claiming damages suffered from environmental impact from the carbon manufacturing operations. 2020

Represented PTT Public Company Limited, Thai state-owned SET-listed oil and gas company, in resolving disputes in connection with the engineering, procurement and construction contracts for the Fourth Transmission Pipeline Project, valued at THB 2,261 million and USB 209 million. (2020)

Engaged by the Government of Thailand, Ministry of Finance, State Enterprise Policy Office (SEPO) to advise on the drafting of the new Public Private Partnership Act (PPP Act) in Thailand to replace the Private Investment in State Undertaking Act B.E. 2556 (2013) and provided seminars for officials of the relevant state agencies. The work is significant as the finalized PPP legislation will be the overarching legislation governing all PPPs in Thailand, supported by the subordinate legislation, regulations and guidelines which will provide a complete framework beginning from the preparation and instigation of PPP infrastructure projects by each government agency, to the signing and completion of a PPP project. The new law enables investment in various new infrastructure projects, such as rail, airport, port, road and digital technology. The law came into force in March 2019. 

Advised the Government of Thailand in the drafting of 23 subordinate legislation, regulations and guidelines under the new PPP Act. This includes Notification of the PPP Policy Committee on the mandatory details in the Business Case of PPP Projects, Notification of the PPP Policy Committee on the Rules and Procedures in Proposing the PPP Project, Notification of the PPP Policy Committee on the Details of Private Entity Selection Documents, Draft PPP Contract, and Criteria and Procedures for Private Entity Selection,  Notification of the PPP Policy Committee on Criteria and Procedure for the PPP Projects with a Value of Less than Five Billion Baht, Notification of the PPP Policy Committee on Calculation of the Value of PPP Projects, Notification of the PPP Policy Committee on Criteria for the Selection of Private Party by Non-Bidding Process, Notification of the PPP Policy Committee on Criteria and Procedure for the Private Party Market Sounding and Guideline on Definitions and Criteria of the projects that fall under the scope of the new PPP Act. (2017-2018) 

Represented Government of Thailand, Office of the Eastern Economic Corridor of Thailand (EEC) and Thai Airways Public Company Limited in the agreement to develop the Thai-Airbus Maintenance Repair Overhaul Centre. The first of its kind, the centre will be based in the U-Tapao International Airport to serve the maintenance requirements of aircrafts.  The project will be the largest maintenance, repair overhaul center in the ASEAN region. THB 10.3 billion (USD 330 million).

Engaged by the Port Authority of Thailand (PAT) as an advisor to assist in the reorganization of its legal department and legal procedures. The firm’s work focused on proposing a reorganization of the department, manual and procedures, including guidelines for amending the Port Authority of Thailand Act, B.E. 2494 (1951) in order to achieve the vision of the PAT to regulate, govern and operate world class ports with excellent logistics services for sustainable growth by 2030.

Engaged by the Port Authority of Thailand (PAT) as an advisor in relation to the public private investment projects (PPP Projects) valued at THB 30.6 billion (USD 979 million) in the Laem Chabang Port. The firm is a general advisor for the PAT in relation to issues on the PPP Project at Laem Chabang Port including advising the PAT on its various project agreements and negotiating on behalf of the PAT with private entities.

Representation of the Department of Highways (DOH) as an advisor in relation to the THB 30.6 billion (USD 979 million) Rangsit – Bang Pa-in Intercity Motorway, including drafting and advising the DOH on its various bidding documents, project agreements and negotiating on behalf of the DOH with the related private entities. (2018)

Presented seminars for officials of the State Enterprise Policy Office (SEPO) on subordinate legislation and guidelines in accordance with the new PPP Act. (2018)

Education

LL.M, University of Wisconsin-Madison, 2014

LL.M., Business Law (English program), 2012

LL.B., Thammasat University, 2009

Notarial Services Attorney

Citizenship

Thai

Languages

Thai, English

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