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Phatsawat Siwawej oversees litigation, arbitration, and international trade at Weerawong C&P. He is entrusted by several top management members of leading domestic and international conglomerates to handle their strategic cases. Phatsawat represents both domestic and international clients in litigation and arbitration proceedings as well as international trade and WTO matters. His area of expertise encompasses strategic planning, complex and intricate commercial disputes, labor matters, class actions, WTO matters, and trade remedies investigations. Professional Activities Phatsawat is a guest lecturer at national law schools, including Chulalongkorn University, Thammasat University, Ramkamhaeng University and Khon Kaen University. He is the co-author of articles on arbitration in Thailand in several leading legal publications and a contributing author to ‘Training for Reform’, Doing Business, World Bank Group (2018 - present). Selected
Experience Commercial Disputes /
Litigation Advising a world class
department store and major corporation in Thailand in relation to complex legal issues and
strategies concerning commercial contracts in connection with a mega project of the company.
Representation of a global leader in chemical production in a potential legal dispute with a world-renowned automotive company and other companies in Thailand. (2020 – 2022) Representation of All Inspire Public Company Limited in a cross-border dispute with a world-famous interior design company. The amount in dispute was THB 391,900,000 (approximately USD 12,564,000) and involved various other potential disputes with contractual parties. (2019 -2020) Representation of two medical doctors as shareholders in successfully resolving a THB 15 million dispute in relation to a major dermatology clinic in Bangkok. The dispute occurred in connection with a shareholder deadlock regarding management control of the business of the clinic, as well as misappropriation, forgery and fraud. (2019-2020) Representation of a leading financial services company in Thailand, its CEO, directors and executive management in relation to wrongful act claims filed by the top legal management of the company. (2018-2019) Representation of Coats GmbH (Germany), the world’s leading industrial thread manufacturer and a major player in the American textiles crafts market, in a case involving allegations of breach of an exclusive distributorship agreement and tortious acts valued at THB 203 million (approximately USD 6.3 million). (2016 - 2018) Representation of Export-Import Bank of the United States, official export credit agency of the Federal Government of the United States and a major creditor of Thai Petrochemical Industry Public Company Limited, in tort claims valued at THB 190 billion (approximately USD 5.9 billion) in the largest claim of the Central Bankruptcy Court to date. (2015 - 2016) Representation of Thai Steel Cable Public Company Limited, a leading automobile parts manufacturing company, in litigation against its supplier for complex inherent defects in automobile parts. (2015-2016) Assisting
Mr. Tony Jaa, one of Thailand’s most loved martial arts athletes and an actor in Hollywood
movies, in successfully challenging the injunction to suspend the release of the movie Fast and
Furious 7 in Thailand. (2014) Insurance Representation of Mitsui Sumitomo Insurance Company Limited (Thailand), part of the largest insurance group in Japan and worldwide, in successfully defending a THB 2.154 billion complex litigation claim (approximately USD 69 million) made by a major multinational automobile company. The court of first instance dismissed all the plaintiff’s claims. This case set the precedent that an insurance claim in relation to business operations is a civil case, rather than a consumer case, thereby shifting the burden of proof to the plaintiff and barring claims for punitive damages. Projects and Energy Representation of PTT Public Company
Limited in litigation regarding engineering, procurement and construction contracts in relation
to a natural gas pipeline project in the Administrative Court of Thailand, and in a cross-border
insolvency dispute before the National Company Law Tribunal in India valued at more than THB 8.5
billion (2018-2020) Representation of PTT Public Company Limited in litigation regarding the natural gas
price and electricity charges in Thailand between 2012 and 2014. The dispute involved the complex
energy market and related energy regulations in Thailand. (2018-2019)
Representation of PTT Public Company Limited in litigation regarding oil prices and
their technical formula in Thailand. The dispute also involved an energy fund expense, global oil
price and government policy on the oil price. (2018-2019) Assisting Global Power Synergy Public
Company Limited in regard to a transactional dispute concerning the acquisition of a power plant
of another leading power plant owner in Thailand. (2019) Intellectual Property Representation of CP All Public Company Limited, the sole
operator of 7-Eleven convenience stores, the largest retail convenience store in Thailand, in
copyright and patent cases at the Intellectual Property and International Trade Court.
(2018-2019) Representation of Silesia Flavors (Thailand) Company Limited in the Intellectual Property and International Trade Court in relation to trade secrets and contract disputes involving distributorship and the sale of flavor codes. (2018-2019) Representation of Mainmark Group Engineering (Australia) in regard to copyright law, trade secrets and confidentiality agreements in a case against former top management of the company at the Intellectual Property and International Trade Court. (2016-2017) White-Collar Crime / Criminal Cases Assisting CP All Public Company Limited, the sole operator of 7-Eleven convenience stores, in a claim of fraud committed by its
long-term supplier and a well-known song writer in Thailand. (2018) Assisting a leading multinational securities brokerage company in a criminal lawsuit involved the company’s former top management in Thailand. Representation of leading Thai business entrepreneur in several defamation claims in Thailand. Labour and Employment Representation of Bangkok Airways Public
Company Limited, a highly successful airline company listed on the Stock Exchange of Thailand,
in a labour dispute against one of its former top management in the Central Labour Court of
Thailand, with an approximate claim of THB 52 million. (2019-2020) Representation of a leading financial services company in Thailand, its CEO, directors and executive management in defending a labour law claim filed by the top legal management of the company. (2018-2019) Representation of RRB Group Private Co., Ltd, the owner of international luxury
brand hotels and resorts in a labour dispute re grounds for dismissal filed by one of its high-level
employees in the Central Labour Court of Thailand. (2018) Representation of Fitness First (Thailand) Company Limited, an international fitness chain and the largest privately owned health club in Thailand, in a lawsuit to obtain compensation for systematic fraud by an employee at the top-management level. The claim was approximately THB 50 million. (2015-2016) Environment Representation of a member of a global conglomerate in defending a class action case
which involved highly complex legal issues concerning wrongful act and environmental law. The case
will set new precedents in Thailand. Representation of 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. Arbitration Representation of a leading construction consortium of Thai and
Japanese companies in regard to a construction dispute in connection with power plants in
Latkrabang and Bangpoo industrial estates in Thailand. The forum was the Thai Arbitration Institute.
The claims were approximately THB 840 million and THB 1,560 million, respectively. (Conducted in
English) (2018 - 2020) Representation of Posco Plantec (Thailand) Company Limited, part of the POSCO Group,
a leading company in Korea and worldwide, in resolving a THB 73 million arbitration in relation to
the construction of a recycling plant in Thailand. The forum was the Board of Trade of
Thailand.(Conducted in English) (2015 - 2016) Representation of a leading
Chinese airline company in defending cases filed by its creditors under several credit and
service agreements in the court of Thailand and the Thai Arbitration Institute. The claims were
approximately THB 69million. (Conducted in both Thai and English) (2015 -
2016) Publications ‘Revolutionizing Dispute Resolution: An Introduction to Judicial
Arbitration in Thailand’, Lexology, 2024 ‘Anti-bribery rules in Thailand: A simple guide’, Asia Business Law
Journal, 2024 |
