Phisit Dejchaiyasak

Senior Counsel


Contact Details

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

Phisit Dejchaiyasak is the head of the dispute resolution practice group at Weerawong C&P.  Phisit has nearly 40 years’ experience in litigation and arbitration and has expertise in administrative, banking and finance, bankruptcy, business reorganization, corporate and commercial, concessions, securities, telecommunications, trade, tort, taxation, civil and criminal cases. 

Professional Activities

Phisit was the Executive Director of the Legal Practice Training Section of the Lawyers Council of Thailand from 1996 to 1998. He was also a member of the sub-committee for the amendment of the Civil Procedure Code of Thailand from 1996 to 1998. He is presently a lecturer on business and corporate law at several private and public universities in Bangkok, including the Institute of Directors.

Recent Experience

Advised and represented a major renewable energy company in arbitration proceedings under the ICC Arbitration Rules in relation to claims arising out of share purchase agreements, agricultural land leases and permissions to use agricultural land. 2018-present

Representation of a leading construction consortium between Thai and Japanese companies in regard to construction disputes in connection with power plants in Latkrabang and Bangpoo Industrial Estates in Thailand. The forum is the Thai Arbitration Institute. The claims were valued at approximately THB 1.6 billion (USD 50 million). (Conducted in English)

Representation of Total Access Communication Public Company Limited (“dtac”), a major mobile service provider in Thailand, on the revocation of the resolutions of the National Broadcasting and Telecommunication Commission (“NBTC”) rejecting dtac’s interim measures for protection of subscribers after expiry of its concession with CAT before the Central Administrative Court. dtac won the case because the Central Administrative Court suspended the application of the resolutions of the NBTC.

Representation of a leading mobile and telecommunications company in arbitration and litigation matters involving concession fees valued at THB 40 billion (approximately USD 1.3 billion).

Representation of a leading telecommunications company in arbitration proceedings in relation to public-private partnership agreements for the construction, installation and maintenance of submarine, underground and overhead cables.

Representation of a leading telecommunications company in several disputes in relation to concession agreements, band frequencies and the related equipment valued at THB 686 million.

Representation of a major renewable energy conglomerate in arbitration and litigation proceedings in relation to a share purchase agreement worth more than THB 20,000 million (approximately USD 623 million).

Representation of a major real estate development company in Administrative Court proceedings in relation to the interpretation of the Building Control Act and related regulations.

Representation of a global leader in the medical supplies industry in arbitration and litigation proceedings in Thailand, Europe and Singapore in connection with long term international joint venture agreements valued at over USD 150 million. All disputes were successfully resolved in March 2017.

Representation of a subsidiary of a global petroleum exploration and production company in arbitration arising from a joint operating agreement in connection with a concession in the Gulf of Thailand granted by the Ministry of Energy. The total amount of damages claimed was approximately THB 1 billion (USD 28 million). 

Representation of a private company and individuals in the defense of allegations in relation to the Criminal Code and the Act on the Offences Relating to the Submission of Bids to Government Agencies (2017).

Representation of several clients as defendants in cases filed by the Public Prosecutor and the Committee of the Anti-Money Laundering Office. The cases involved the defense of civil and criminal charges and penalties including the seizure of assets, fines and imprisonment (2017).

Representation of Christiani & Nielsen (Thai) Public Company Limited in pre-litigation in connection with a potential lawsuit against the Expressway & Rapid Transit Authority of Thailand regarding a contract dispute. (2013)

Representation of National Power Supply in filing a claim against SPP Hydrotech Co., Ltd. due to the breach of a maintenance services agreement. (2009)

Representation of a plaintiff in a petition to the civil court for revocation of the status of an estate administrator.

Representation of Ananda Development Two in a civil case in relation to IDEO Q Phayathai regarding Consumer Protection Act claims valued at THB 146 million. (2012)

Advising the executives of a leading real estate development company in relation to the alleged breach of a construction agreement.

Representation of a leading property development company in respect of the alleged breaches of agreements to sell and purchase condominium units.

Representation of a property development company, as project owner and claimant, in connection with a claim filed against a subcontractor in relation to the construction of a high-rise office building project located in central Bangkok, following the breach of an aluminum and glazing works contract.

Representation of a large construction company in relation to default of payment in accordance with a factory construction agreement.

Representation of Digital Phone Company Limited (DPC), the fourth largest digital phone company in Thailand, in an arbitration proceeding involving the breach of revenue-sharing agreements made between two parties. This arbitration case related to a demand for payment of THB 3.949 (approximately USD 116 million) for concession fees. The client won the arbitration case.

Representation of AIA, one of the largest life-insurance companies in Thailand with approx. 5.4 million customers, in a precedent-setting case for insurance policies in Thailand.

Representation of Akara Mining Limited, subsidiary of Kingsgate Consolidated Limited, a gold mining, exploration and production company, as the defendant in a complaint to amend the articles of association of Akara with regard to the voting rights of preferred shareholders which was filed in the Southern Bangkok Civil Court by Sinphum Co., Ltd., a minority shareholder of Akara.

Representation of Triple T Broadband Co., Ltd. and TT&T Subscriber Services Co., Ltd., subsidiaries of Jasmine International Public Company Limited, in the initial phase of the restructuring and refinancing of TT&T’s THB 29.6 billion debt with its Thai and foreign financial and trade creditors, including TOT Public Company Limited (formerly, the Telephone Organization of Thailand), the largest creditor as well as the concession grantor to TT&T.

Representation of the five largest commercial banks in Thailand as guarantors, in relation to lawsuits filed by the Pollution Control Department, Ministry of Natural Resources and Environment (PCD). The banks claimed that since PCD found that the project agreement was null and void, the related letters of guarantee issued by them would also be void and the banks should be released from their obligations. The banks had been subject to an injunction prohibiting them from making payment under the letters of guarantee. The court dismissed the PCD’s claim.

Representation of defendants in some of the most high-profile criminal cases in Thailand, involving allegations of a nominee offence under the Foreign Business Act and in relation to an alleged tax avoidance investigation by the Asset Examination Committee.

Representation of a Japanese engineering company, as contractor and defendant, in its defense of a claim for damages filed by the contractor and plaintiff, who alleged that our client caused damage to its project during the construction of an offshore oil and natural gas pipeline in the Gulf of Thailand.

Representation of a state entity of the government of the Kingdom of Thailand in arbitration proceedings initiated by a German investor alleging breach of a bilateral investment treaty between Thailand and Germany.

Representation of Sol Melia, one of the largest resort hotel chains in the world, and its subsidiary, in a successful claim against Golden Asset and Bangkok Twin Towers before the Central Intellectual Property and International Trade Court.

Representation of a highly respected hospital in Bangkok in connection with a tort claim against another large and well known hospital in Thailand in relation to misleading advertisements in connection with medical service fees.

Representation of a highly respected hospital in Bangkok in its defense of a malpractice suit against the hospital and three medical doctors in relation to the death of a female patient during the course of the delivery of her child.

Representation of various clients in high profile criminal cases involving white collar crime.

Representation of various clients in the Administrative Court.

Education

M.M., Mahidol University, 2002

LL.B., Ramkhamhaeng University, 1978

Bar Admissions

Lawyers Council of Thailand, admitted 1986

Thai Bar Association, admitted 1982

Citizenship

Thai

Languages

Thai, English

Recent Accolades

Outstanding Firm, Dispute Resolution, Senior Statesman, Asialaw Profiles, 2019-2021

Tier 1 – Dispute Resolution, Leading Lawyer, The Legal 500, 2017-2020

Hall of Fame – Dispute Resolution, The Legal 500, 2020

Dispute Resolution Star, Benchmark Litigation, 2019-2020

Thailand Firm of the Year, Benchmark Litigation Awards 2020

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

Dispute Resolution Star of the Year, Thailand, Asialaw Dispute Resolution Awards, 2016

Outstanding, Dispute Resolution, Leading Lawyer, Asialaw Profiles, 2019

Tier 1 – Dispute Resolution, The Legal 500, 2017-2018

Leading Lawyer, Dispute Resolution, The Legal 500, 2014-2018

Recommended Lawyer, Telecommunications, Media and Technology, The Legal 500, 2010-2018

Noted Practitioner, Dispute Resolution, Chambers Asia Pacific, 2014-2016

Noted Practitioner, Telecommunications, Media and Technology, Chambers Asia Pacific, 2018

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