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 Representation of a leading satellite operator and provider of satellite and
telecommunication services in the concession disputes with the amount of claim of THB 7
billion (USD 260 million) in arbitral proceedings at Thailand Arbitration Center (TAI) and Thailand
Arbitration Center (THAC), as well as the related arbitral proceedings in the Administrative
Court. Representation of a major
telecommunications company in Thailand in a dispute in connection with a concession agreement
for prepaid and roaming services. The disputed amount is approx. THB 68,700 million. The dispute
involved arbitration proceedings and the revocation of the arbitral award in the Central
Administrative Court. Representation of a
major telecommunications company in a dispute in connection with a concession agreement re
roaming services. The disputed amount is approx. THB. 23,600 million. We represent the client in the
arbitration proceedings and Administrative Court proceedings. Representation
of an embassy in the court proceedings to set aside an
arbitral award relating to a construction dispute. 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. Publications ‘A Comparative e-Guide on Commercial Lease in COVID-19 Pandemic’, Florent, 2020 |