Contact Details
T: + 66 2 264 8000
F: + 66 2 657 2222
Email:  |
Jirapat Thammavaranucupt has extensive experience advising
on infrastructure projects and public private partnerships (PPP), as well as the drafting of
legislation and regulations in relation to PPP in Thailand. He was
entrusted to advise the Government of Thailand in the drafting of the Public Private Partnerships
Act (2562) (2019) and has provided counsel on the establishment of the current framework for PPPs in
the Eastern Economic Corridor. He advises private and public sector clients on airport, rail, port,
energy and digital park projects, as well as capital markets, mergers and acquisitions. Jirapat is a regular speaker at seminars on PPP, corporate governance and
anti-corruption law arranged by the Thai Institute of Directors and national law
schools.
Recent
Experience 1. Laws and
Regulations Entrusted by the Government of Thailand, State Enterprise Policy
Office (SEPO),
Ministry of Finance in the drafting of the new Public Private Partnership Act B.E. 2562
(2019), governing the development of all infrastructure in Thailand. 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. Jirapat provided seminars for officials of the relevant state
agencies. Entrusted by the Government
of Thailand, Office of the Eastern Economic Corridor of
Thailand (EEC) in the drafting of the law governing
PPPs in the EEC area, subordinate regulations and the subsequent guidelines regarding the PPP
mechanism and projects in the EEC area. These laws and regulations are the pilot laws for the PPP
framework for Thailand, as well as the complete framework beginning with preparation and instigation
of PPP projects by each government agency, all the way to signing and the completion of a PPP
project. Entrusted by the Government of Thailand, State Enterprise Policy Office (SEPO), Ministry of Finance on the drafting of
sub-regulations and guidelines under the Private Investment in State Undertaking Act B.E.2556 (2013)
for PPP in joint investments with state agencies. This includes advice on policy and procedures for
the bidding process and other PPP related issues. (2015-2016) Entrusted by the
Asian Development Bank on the implementation of Integrity
Pacts, agreements between government agencies and bidding companies to abstain from corrupt
practices in public procurement. (2015-2016) 2. Infrastructure Projects, Public Private Partnership Contracts and
Concession Contracts
Representation of the Government of Thailand, Office
of the Eastern Economic Corridor (EEC) in the public private partnership (PPP) agreement to develop the Laem Chabang Port Phase 3
Terminal F, for a period of 35 years.
This port is designed to service the transport of goods between Thailand and ASEAN countries. GPC
International Terminal Company Limited (“GPC”), a joint venture company in which Gulf Energy
Development Public Company Limited holds equity interest of 40% with PTT Tank Terminal Company
Limited and CHEC OVERSEA INFRASTRUCTURE HOLDING PTE. LTD. holding equity interests of 30% and 30%,
respectively, has entered into a PPP contract with the Port Authority of Thailand to develop and
operate the Laem Chabang Port Phase 3, Terminal F project, which is located in Tungsukla
subdistrict, Sriracha district, Chonburi province, with GPC’s investment cost of THB 30,871 million
(USD 926 million). This project is the largest size PPP port project in terms of value. It serves to
enhance the capacity of the world-class port for the future increasing international sea freight and
to develop this port to be the hub of the Indochina sub-region and gateway for the greater Mekong
sub-region. The agreement was signed on 25 November
2021.
Representation of the Government of Thailand, Office of the Eastern
Economic Corridor (EEC) in the public-private partnership (PPP) agreement to develop the high-speed rail project linking Suvarnabhumi, Don Mueang and U-tapao airports. The high-speed rail link is the
biggest PPP concession project in Thailand and the first concession granted on a high-speed train
project. The main private sector project operators include Charoen Pokphand Group (CP), Italian-Thai
Development Public Company Limited, China Railway Construction Corporation Limited), CH. Karnchang
Public Company Limited and Bangkok Express and Metro Public Company Limited (BEM). The agreement was
executed in October 2019. THB 220,000 million (USD 7.2 billion)
(Closed) Representation of the Government of Thailand, Office of the Eastern Economic Corridor (EEC), in
the U-Tapao Airport and Eastern Aviation
Development Project joint investment agreement for the
development of U-Tapao Airport and Eastern Aviation City. The new airport is part of the Ministry of
Transport development plan to create Thailand’s Eastern Airport City and regional aviation hub. The
private sector company that received the concession is the BBS Joint Venture (consisting of Bangkok
Airways, BTS Group Holdings and Sino-Thai Engineering and Construction). The agreement was signed at
Government House on 19 June 2020 and witnessed by Prime Minister Prayut Chan-o-cha. The project has
an investment value of nearly THB 300,000 million (USD 10 billion).
(Closed) Representation of Bangkok Mass Transit System Public Company Limited (BTSC) on the renewal of the concession contract for the Green Mass Transit Line, as well as the related PPP regulations under Clause 44 of the
Constitution of Thailand. The Green Line is the first and the main sky train line passing through
all of the central business districts in Bangkok Metropolis. This renewal contract includes both the
main line and the extensions, with a total distance of 60 km. (2019-2020). THB 300 million (USD 9.8
billion) Representation of the Government of Thailand, Office of the Eastern
Economic Corridor of Thailand (EEC) in the agreement
to develop the Laem Chabang Deep Sea Port Phase 3. This port
is located at a strategic location and is envisioned to service the transport of goods between
Thailand and other ASEAN countries. The completed port will be one of the largest seaports in
ASEAN.THB 150 billion (USD 4.8 billion) Representation of the Government of Thailand, Office of the Eastern Economic
Corridor (EEC) in the public private partnership (PPP) agreement signed by the Industrial
Estate Authority of Thailand and Gulf MTP LNG Terminal for the Third Phase of the Map Ta Phut Port Project. The Third Phase of the Map Ta Phut Port Project is an infrastructure project for the
petroleum industry and is designed to facilitate the annual shipment of 19 million tonnes of natural
gas and liquid cargo. The Gulf MTP LNG Terminal is a joint venture between Gulf Energy Development
and PTT Tank Terminal. The PPP agreement was signed on 1 October 2019. THB 55.4 billion (USD 1.8
billion) (Closed) Representation of Northern Bangkok Monorail Company Limited in relation to the PPP agreement for
Bangkok’s Pink Line monorail with the Mass Rapid Transit
Authority (MRTA) of Thailand. The joint venture comprises BTS Group Holdings, Sino-Thai Engineering
& Construction Public Company Limited and Ratchaburi Electricity Generating Holding Public
Company Limited. This large infrastructure project is the first monorail in Thailand. It is also the
first PPP model for the development of a mass transit system involving a private party responsible
for key roles, e.g. design, build, operate and maintain. THB 50 billion (USD 1,596 million)
(Closed) Project Finance Deal of the Year, Asian Legal
Business SE Asia Law Awards, 2018 Representation of Eastern Bangkok Monorail Company Limited in relation to the PPP
agreement for Bangkok’s Yellow Line monorail in a
public-private partnership (PPP) with the Mass Rapid Transit Authority (MRTA) of Thailand. The joint
venture comprises BTS Group Holdings, Sino-Thai Engineering & Construction Public Company
Limited and Ratchaburi Electricity Generating Holding Public Company Limited. THB 53 billion. (USD
1,692 million) (Closed) Project Finance Deal of the
Year, Asian Legal Business SE Asia Law Awards,
2018 Representation of CAT
Telecom Public Company Limited in relation to undertaking a public-private partnership
(concession) project for Digital Park Thailand, a new
business community and digital ecosystem with a vibrant mix of office, residential, and lifestyle
uses creating a new data hub. As Thailand’s first digital hub, this project plays an important role
in the S-curve development of the country’s economy. THB 10 billion (USD 300
million) Representation of the Government of Thailand, Office of the Eastern
Economic Corridor of Thailand (EEC) in the agreement
to develop Thailand Genome Sequencing Center under Genomics Thailand Master Plan. The Project is one
of the Thai government’s efforts to enhance the country’s public health and medical industry and to
transform Thailand into a regional hub for medicine. THB 750 million (USD 24
million) Representation of the 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) Representation of Total Access
Communication Public Company Limited (DTAC) on
pre-litigation advice on telecommunications law. (Closed) 3. Engineering Procurement and Construction, Operation and Maintenance
and Engineering and Manufacturing Contracts
Representation of the Bangkok Mass Transit System Public Company Limited (BTSC) in relation to public procurement and engineering, procurement and construction
agreements for the extension of the mass transit Green Line
(North-South) from Bearing to Samutprakan and Mo Chit to Kukot. The Green Line is the first, largest
and most important mass transit in Thailand since its route covers the centre of Bangkok and central
business district areas. THB 52.97 billion (USD 1.6 billion) (Closed) Representation of Northern
Bangkok Monorail Company Limited in relation to the engineering, procurement and construction
agreements for the construction of Bangkok’s Pink Line
monorail with the Mass Rapid Transit Authority (MRTA) of Thailand. The joint venture comprises BTS
Group Holdings, Sino-Thai Engineering & Construction Public Company Limited and Ratchaburi
Electricity Generating Holding Public Company Limited. This large infrastructure project is the
first monorail in Thailand. THB 50 billion (USD 1,596 million) (Closed) Project Finance Deal of the Year, Asian Legal Business SE Asia Law
Awards, 2018 Representation of Eastern Bangkok Monorail Company Limited in relation to the
engineering, procurement and construction agreements for the construction of Bangkok’s Yellow Line monorail in a public-private partnership (PPP) with
the Mass Rapid Transit Authority (MRTA) of Thailand. The joint venture comprises BTS Group Holdings,
Sino-Thai Engineering & Construction Public Company Limited and Ratchaburi Electricity
Generating Holding Public Company Limited. THB 53 billion. (USD 1,692 million) (Closed) Project Finance Deal of the Year, Asian Legal Business SE
Asia Law Awards, 2018 Entrusted by the Government of Thailand, Port
Authority of Thailand to review, analyze and provide recommendations on the rights and
obligations of the state party under public-private partnership contracts for six port projects,
including a report on issues in relation to state benefits and standardization of PPP contracts as
outlined in State Enterprise Policy Office (SEPO) guidelines. (2016) 4. Capital Markets (including Real
Estate Investment Trusts and Infrastructure
Funds) Representation of the Electricity Generating Authority of Thailand (EGAT), the largest power generator in Thailand, and Krung Thai Asset Management Public Company Limited (KTAM), the fund manager, on the initial public offering of North Bangkok Power Plant
Block 1 Infrastructure Fund Electricity Generating Authority of Thailand (EGATIF), the first
state-owned enterprise sponsored infrastructure fund, and with an offering size of THB 20,855
million (approximately USD 641 million), the largest electricity infrastructure fund to be listed on
the Stock Exchange of Thailand to date. Trading of EGATIF investment units commenced on 13 July
2015. Representation of Amata Summit
Ready Built Co., Ltd. in relation to the establishment of a real estate investment trust
(REIT) under the applicable securities laws and regulations, for which Kasikorn Asset Management
Co., Ltd. will act as a trustee to the REIT. Representation of
Univentures Public Company Limited and Goldenland Property Development Public Company Limited in regard
to establishing an REIT under the applicable securities laws and regulations, for which Kasikorn
Asset Management Co., Ltd. will act as a trustee to the
REIT. Representation of True Properties
Co., Ltd. in the establishment of Bualuang Office Leasehold Real Estate Investment Trust
(BWORK), having Krung Thai Asset Management Public Company Limited as the Trustee and BBL Asset
Management Company Limited as the REIT Manager. BWORK has invested in the 30-year leasehold rights
of land and buildings, namely True Tower 1 on Ratchadapisek Road and True Tower 2 on Pattanakarn
Road, Bangkok. The total investment value is approximately THB 4,000 million (approximately USD 127
million) which was raised from the issuing of new IPO trust units and money borrowed from Bangkok
Bank Public Company Limited. The first day of trading was on 28 February
2018. Representation of The Siam
Commercial Bank, Maybank Kim Eng Securities (Thailand) and Macquarie Capital
Thailand as underwriters to CPN Retail Growth Leasehold
Property Fund (CPNRF), including subscription of the
investment units in the Fund. 5. Mergers & Acquisitions Representation of Origin Property Public Company Limited (ORI) in the THB 4 billion acquisition of all shares in Proud Residence Co., Ltd., the
developer of The Park 24, a luxury condominium project in the central business district of Bangkok.
At the same time, ORI offered newly-issues shares valued at THB 1 billion under private placement to
the existing shareholders of Proud Residence. By entry into this transaction, ORI expands its
business capabilities and competitiveness through expansion into the high-end condominium industry,
thereby enhancing brand recognition and perception in the higher demographic of customers. The deal
closed on 2 October 2017. Representation of PTT Public Company Limited, Thailand’s largest energy firm, in the restructuring of
its oil marketing and retail business worth up to THB 121 billion, with a plan to list this division
on Thailand's stock exchange. The restructuring of the retail unit, to be named PTT Oil and Retail
Business Co., Ltd. (PTTOR), involved more than 1,400 service stations representing 40 percent of
Thailand’s petrol station market. (2016-2017) Representation of Tipco Asphalt Public Company Limited (TASCO), the country’s leading asphalt maker in the THB 1.9 billion (approximately USD
54 million) acquisition of shares in five subsidiaries (in Singapore, Vietnam, Indonesia and
Thailand) of France’s Colas Group, the world’s largest road construction company and a major
supplier of blended bituminous products for road surfacing. The acquisition will enable TASCO to
boost sales in Indonesia and Vietnam by approximately 200,000 tonnes in
2016. Representation of Jardine Cycle
& Carriage Limited (JC&C), SGX-ST listed
company and a member of the Jardine Matheson Group, in respect of the acquisition of 57.27 million
ordinary shares representing approximately 24.9 per cent of the issued share capital of Siam City
Cement Public Company Limited (SCCC), Thailand’s second largest cement manufacturer, from Holcim
subsidiary Thai Roc-Cem Limited for total consideration equivalent to USD 615
million. Representation of Ananda
Development Public Company Limited (ADC) on a joint
venture with SEA Investment Five Pte. Ltd., a subsidiary of Mitsui Fudosan Residential Co., Ltd. to
develop property projects in Thailand. 6. Speaker Entrusted by the Government of Thailand, State Enterprise Policy
Office (SEPO), Ministry of Finance in provided seminars for officials of the relevant state agencies
in 2017, e.g. strategic plans to encourage private investors to participate in infrastructure
projects in 2015-2025, the secondary and subordinate legislation in accordance with the Private
Investment in State Undertaking Act B.E. 2556. Guest lecturer at national
law schools (for example, Chulalongkorn University and Thammasat University schools of law) re:
public private partnerships and the regulations related to government agencies and state owned
enterprise. Invited to be a speaker of the Institute of Directors of
Thailand on 1) anti-corruption, integrity pacts, public procurement and public private partnership
(2016 - present), and 2) Duties and liabilities of directors, and the preparation of minutes (from
year 2016 – present). 7.
Publications “Thailand, The Public-Private Partnership Law Review”, The Law Reviews, Editions 2-6 (2016-2022)
“Procuring Infrastructure Public-Private Partnerships 2018 In Thailand”, World Bank Group Recent
Feedback “Noted for its
‘broad knowledge’, ‘diligence’ and ‘commitment’, Weerawong, Chinnavat & Partners has established
itself as a go-to firm for PPPs in Thailand.”- The Legal
500 "Depth of knowledge regarding the
legal issues being faced, service mindedness, understanding of the client's management needs,
coverage of potential issues, creativity, and understanding of commercial issues."-
IFLR1000 “Jirapat Thammavaranucupt is
the most well-rounded lawyer in public-private partnerships ("PPP") practice in Thailand and a real
rising star. Thorough and in-depth legal knowledge is his core which, in combination with his
understanding of the clients' requirement and exceptionally high level of commitment, always leads
to the best possible solution/legal advice for the clients. Leadership is his strong suit in every
meeting. He can easily run the meetings effectively without any partner's involvement. His team
members also look up to him as their role model. His strong network with both government and private
sector clients is second to none. Clients consider him as a trusted advisor, and the referral rate
is extremely high. His ability to both pitch for and execute quality deals is admirable. Mr Jirapat
also looks at the bigger picture and keeps the country's interest at heart. His most applause-worthy
character is to always strive to develop good PPP standards in Thailand, which he has been very
successful in from his valuable contribution in drafting the country's PPP Act and notable efforts
in advising multiple large PPP projects in Thailand.”-
IFLR1000 “Jirapat Thammavaranucupt has
significant expertise in PPP projects, especially in relation to transport infrastructure
developments. Interviewees are "impressed with his logical reasoning and understanding of PPP law,"
as well as his "business-oriented mind."- Chambers and
Partners "He is responsive, provides
practical solutions and is a leading lawyer in the PPP field."- Chambers and
Partners “A projects specialist,
Jirapat was entrusted by the Thai government as a key drafter of the new PPP law, which was enacted
by parliament on March 10 this year. This new PPP law will be a main tool for the Thai government to
significantly improve infrastructural development throughout the country, including infrastructure
projects like airports, high-speed railway, ports, public hospitals and schools. He was additionally
engaged by the government on the development of six backbone infrastructure projects for Thailand’s
Eastern Economic Corridor (EEC). In developing these six mega projects (comprising high-speed
railway connecting three airports, U-tapao airport, Laemchabang port, Maptaphut port, Digital Park
Thailand and MRO Centre Project, the EEC has undertaken PPPs, and Weerawong has been entrusted to
lead all six mega projects including drafting and negotiating concession agreements for these
projects. These projects will combine to develop the country’s economy under the Thailand 4.0
initiative. “Jirapat is one of the few lawyers that I can trust in handling mega infrastructure
projects. He always strives to improve the PPP standard in Thailand,” says a client.- Asian
Legal Business “Very professional
work.”- Asialaw Profiles |
EducationLL.M. (Honors), Commercial Law
University of Cambridge (Downing College) UK 2012
LL.B. (1st Class Honors)
Thammasat University 2009 Bar AdmissionsLawyers Council of Thailand, admitted 2009
Notarial Services Attorney, admitted 2013 CitizenshipThai LanguagesThai, English Recent AccoladesAsia Future Leaders Award, IFLR1000 (2021)
Tier 1 - Projects, The Legal 500, recognized as a Rising Star (2019-2022)
Tier 1 - Project Development, IFLR1000, recognized as Highly Regarded (2020-2022)
Outstanding - Infrastructure, Asialaw Profiles, recognized as a Rising Star (2022)
Highly Recommended - Infrastructure, Asialaw Profiles, recognized as a Rising Star (2019-2021)
Band 2 - Projects, Chambers and Partners, recognized as an Up-and-Coming Lawyer (2022-2023)
Band 1 - Transportation, Chambers and Partners, recognized as an Associate to Watch (2020)
Top 40 Under 40 legal professionals in Asia, Asian Legal Business (2019) |
