Pathorn Towongchuen

Partner

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Pathorn Towongchuen is a partner in the dispute resolution practice group. Pathorn represents clients in domestic and cross-border litigation and arbitration. He has a wide range of experience in civil, commercial and administrative law, class actions, concessions, construction, consumer products, insurance, labour and employment, media and entertainment, telecommunications, and white-collar crime, as well as restructuring and bankruptcy. 

Arbitration

Representation of a leading satellite operator and provider of satellite and telecommunications services as the respondents in a THB 7 billion (USD 260 million) plaint made by the Ministry of Digital Economy and Society (MDES) in arbitral proceedings at Thailand Arbitration Center in connection with the concession agreement and the replacement of a major satellite, as well as the related arbitral proceedings against the MDES at the Thai Arbitration Institute. (2021-ongoing)

Representation of a major Thai insurance company and its shareholders in a USD 9 million dispute conducted under the SIAC Arbitration Rules. The dispute involving 27 respondents was in connection with a share subscription agreement for the newly issued shares in a non-life insurance company and the relevant share sale and purchase agreements, as well as cybersecurity issues. The dispute was settled before trial. (2020-ongoing)

Representation of a major media and entertainment company in Thailand in a THB 300 million (USD 10 million) dispute in connection with tribunal jurisdiction, breach of contract, interpretation of contract and damages in arbitration proceedings conducted under the Swiss Chambers’ Arbitration Institution. The dispute arose out of agreements on the rights to broadcast regional and international football matches and the guarantee provided thereunder. (2019-2021)

Representation of a telecommunications company, as a defending party, in an arbitration proceeding involving a claim of THB 2.23 billion in relation to a digital PCN agreement.

Representation of a telecommunications company in arbitration proceedings in relation to public-private partnership agreements for the construction, installation and maintenance of submarine, underground and overhead cables. Three arbitration claims involved compensation from the state enterprise for a share of revenue in the amount of THB 3.3 billion (USD 100 million) in accordance with the joint venture agreement. (2017-ongoing)

Representation of Total Access Communication Public Company Limited (DTAC), one of the largest mobile and telecommunications operators in Thailand, on several cases including a significant case in arbitration concerning a telecommunications concession agreement and the use of equipment valued at approximately THB 686 million (USD 22 million). The arbitration involves the operations of DTAC and its subsidiary - dtac Trinet, including its operation of the telecommunication business on the 2.1 GHz frequency band. (2018)

Litigation

Representation of a leading scientific equipment distribution company and its executive directors in the successful defense of allegations of criminal offenses pursuant to the Criminal Code and the Act on Offences Relating to the Submission of Bids to Government Agencies in connection with the bidding for the construction of a scientific lab and advanced laboratory services for the testing of food quality. The related project was valued at THB 1.95 billion (USD 63 million). (2019-2021)

Representation of an investment company in several criminal and civil lawsuits in connection with a USD 260 million dispute between the directors and a former potential investor, for the purposes of obtaining operational control and ownership of a golf course in Thailand, as well as the class action lawsuit brought by the members of the golf club. (2019-ongoing)

Advising a global chocolate company on the laws of Thailand, i.e., consumer protection, competition, labour and employment, anti-bribery and corruption, privacy and data protection, intellectual property, and other laws in relation to the confectionary business. (2020-ongoing)

Representation of a well-known real estate developer and its subsidiary company in the environmental impact assessment (EIA) process.

Representation of the former Deputy Minister of the Interior, Government of Thailand, in the successful defense of the petition of the Office of the National Anti-Corruption Commission (NACC) pursuing the nationalization of his assets, valued at THB 180 million (USD 5.7 million), alleging that the assets were gained in unusual ways. The case set precedents concerning the powers of the NACC in the investigation of assets. (2020)

Representation of Hero Experience Co. Ltd. in relation to a cross-border dispute arising from a sub-licensing agreement for Marvel Experience Thailand from one of the world’s leading producers and distributers of entertainment and information. Weerawong C&P advised on the related intellectual property rights, licensing agreements, share purchase agreements and corporate governance. (2018-2019)

Representation of Nawarat Patanakarn Public Company Limited, one of the leading mega-project engineering and construction companies, in relation to the interpretation of joint-venture agreements and highly complex turnkey agreements in connection with the largest wastewater treatment plants owned by the Bangkok Metropolitan Administration. The total value of the related agreements was THB 5,000 million (USD 152 million). The dispute set legal precedents regarding incurred debts during the rehabilitation process and resulted in a Supreme Court order that reversed the cancellation of the business reorganization order.  (2017-2019)

Representation of the directors of a construction company in Thailand in the successful resolution of a THB 270 million (USD 8 million) dispute regarding withholding tax and corporate income tax derived from the construction of largest wastewater treatment plants owned by the Bangkok Metropolitan Administration. This matter involved the interpretation of joint venture agreements as a part of an agency’s duties, corporate income tax, withholding tax, tort, and prescription. (2017-2018)

Representation of Wizard Solutions Company Limited (Korea King), a major importer and distributor of household goods, in a class action valued at more than THB 1.65 billion (approximately USD 53 million). This precedent-setting case was one of the first class action lawsuits in Thailand and involved issues related to potential defects in products, the decertification of a class, settlements specific to class actions, the calculation of damages and recourse mechanisms for class actions in Thailand. Approximately 350,000 persons are members of the class action group. (2018-ongoing)

Representation of AIA Company Limited (Thailand), one of the largest life-insurance companies in Thailand, in precedent-setting cases for insurance policies in Thailand. AIA is defending multiple cases related to a life insurance policy held by tens of thousands of customers. These cases will set precedents for consumer protection as well as the insurance law and industry in Thailand. (2013-2014)

Representation of a power plant operator under the Independent Power Producer program in the successful settlement of a claim filed by a contractor. 

Representation of a television broadcasting company in appealing a judgment of the Administrative Court in relation to a concession fee. 

Labour and Employment

Representation of a major global film company in the resolution of an employment matter before the labour court of Thailand. The dispute involved the termination of employment of an executive level employee. (2019)

Representation of AIA Company Limited (Thailand) in relation to labour matters and termination of employment. (2017)

Representation of Asia Wealth Securities Company Limited in relation to labour law matters and termination of employment. (2017)

Representation of Bangkok Dusit Medical Services Public Company Limited in relation to labour law and termination of employment. (2013-2014)

Representation of GMM Grammy Public Company Limited in relation to labour law and termination of employment. (2010-2011)

Bankruptcy and Business Reorganization

Representation of a large construction and engineering company in a civil claim filed against two large juristic companies, to demand the repayment of owed wages, disbursements, advanced payments, bank guarantee fees including accrued interest totaling THB 1,3 billion. The case involved bankruptcy law, as it deals with entities undergoing business reorganization and the multiple parties partnered for the formation of a joint venture company, a large-scale construction project hired by a state-owned enterprise, and contracted parties who are tied under construction contract, joint venture agreements and a subcontract agreement. (2017-2018)

Representation of Universal Can Co., Ltd. in its rehabilitation process. (2009)

Representation of Datamat Public Company Limited in its rehabilitation process. (2009)

Representation of Sun Wood Industries Public Company Limited and the companies in the group, namely, Sun Cabinet Co., Ltd. and Longsan Veneer Co., Ltd. in their rehabilitation process. (2008)

Representation of Royal Industries Public Company Limited in its rehabilitation process. (2008)

Representation of Rich Plus Real Estate Co., Ltd. in its rehabilitation process. (2007)

Representation of Srithai Food & Beverage Public Company Limited in its reorganization process. (2004)

Representation of Property Perfect Public Company Limited in the debt restructuring process with its creditors. (2004)

Education

LL.M., Northwestern University, USA, 2012

LL.B. (Honors), Chulalongkorn University, 2004

Thai-Barrister-at-Law, admitted 2005

Lawyers License, admitted 2004

Citizenship

Thai

Languages

Thai, English

Recent Accolades

Top 40 Under 40 legal professionals in Asia, Asian Legal Business, 2021

Outstanding - Dispute Resolution, Asialaw Profiles, Rising Star, 2019-2021

Tier 1 – Dispute Resolution, The Legal 500, Recommended Lawyer, 2017-2021

Tier 1 - Commercial and Transactions, Government and Regulatory, Future Star, Benchmark Litigation, 2019-2021

Thailand Firm of the Year, Benchmark Litigation Awards, 2020-2021

Firm of the Year – Thailand, International Arbitration, ASIAN MENA Counsel In house Community, 2018

Firm of the Year – Thailand, Asialaw Dispute Resolution Awards, 2015, 2017