Wanawut Kaojarern

Senior Associate

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Wanawut Kaojarern is senior associate in the projects group at Weerawong C&P. He advises private and public sector clients on major infrastructure and energy projects in Thailand, including projects in connection with public-private partnerships (PPP), the eastern economic corridor of Thailand (EEC), and public procurement. Wanawut also has experience in mergers and acquisitions, corporate and commercial, finance and regulatory matters.

Recent Experience 

Engaged by the Port Authority of Thailand (PAT)as an advisor to assist in the reorganization of its legal department and legalprocedures. The firm’s work focused on proposing a reorganization of thedepartment, manual and procedures, including guidelines for amending the PortAuthority of Thailand Act, B.E. 2494 (1951) in order to achieve the vision ofthe PAT to regulate, govern and operate world class ports with excellentlogistics services for sustainable growth by 2030.

Engagedby the Government of Thailand, Ministry of Finance, StateEnterprise Policy Office (SEPO), to advise on the drafting of the new PublicPrivate Partnership Act (PPP Act) in Thailand to replace the PrivateInvestment in State Undertaking Act B.E. 2556 (2013) and provided seminars forofficials of the relevant state agencies. The work is significant as thefinalized PPP legislation will be the overarching legislation governing allPPPs in Thailand, supported by the subordinate legislation, regulations andguidelines which will provide a complete framework beginning from thepreparation and instigation of PPP infrastructure projects by each governmentagency, to the signing and completion of a PPP project. Thenew law enables investment in various new infrastructure projects, such asrail, airport, port, road and digital technology. The law came into force inMarch 2019. (2017-2019)

Advisedthe Government of Thailand in the drafting of 23 subordinatelegislation, regulations and guidelines under the new PPP Act. This includesNotification of the PPP Policy Committee on the mandatory details in theBusiness Case of PPP Projects, Notification of the PPP Policy Committee on theRules and Procedures in Proposing the PPP Project, Notification of the PPPPolicy Committee on the Details of Private Entity Selection Documents, DraftPPP Contract, and Criteria and Procedures for Private Entity Selection,  Notification of the PPP Policy Committee onCriteria and Procedure for the PPP Projects with a Value of Less than FiveBillion Baht, Notification of the PPP Policy Committee on Calculation of theValue of PPP Projects, Notification of the PPP Policy Committee on Criteria forthe Selection of Private Party by Non-Bidding Process, Notification of the PPPPolicy Committee on Criteria and Procedure for the Private Party MarketSounding and Guideline on Definitions and Criteria of the projects that fallunder the scope of the new PPP Act. (2017-2018)

Engagedby the Office of the Eastern Economic Corridor ofThailand (EEC) to advise on the draftlaw governing PPPs in the EEC area, subordinate regulations and the subsequentguidelines regarding the PPP mechanism and projects in the EEC area. These lawsand regulations are the pilot laws for the PPP framework for Thailand, to bereflected in the main law governing all PPPs in Thailand, as well as thecomplete framework beginning with preparation and instigation of PPP projectsby each government agency, all the way to signing and the completion of a PPPproject.

Engagedby CAT Public Company Limited (CAT) as an advisor in relation to DigitalPark Thailand (EECd), a new business community and digital ecosystemwith a vibrant mix of office, residential, education and lifestyle usescreating a new data hub strategically located in the Eastern Economic Corridor inChonburi province. The park is designed to play an important role in the ASEANEconomic Community, with ultra-high speed broadband infrastructure powered byCAT, international submarine cable station, data center and satellite station.The firm works closely with CAT in reviewing the bidding documentation andbidding submissions under the PPP model. The firm also advises CAT on the PPPframework and the application to this particular project. (2018)

Representation of PTTPublic Company Limited, Thailand's largest energy firm, in an oil retailspin off and THB 120 billion restructuring. PTT Pcl restructured its oilmarketing and retail business, renamed as PTT Oil and Retail Business Co Ltd(PTTOR), including more than 1,400 service stations, representing 40 percent ofThailand's petrol station market. The deal involved the transfer of assets,undertakings, licenses, IP and contract in more than 20 jurisdictions, as wellas the complex PPP process with the Government of Thailand in relation to stateassets governed under the new PPP Act. The deal closed in July 2018.

Representationof the Department of Highways (DOH) as an advisor in relationto the THB 30.6 billion (USD 979 million) Rangsit – Bang Pa-in IntercityMotorway, including drafting and advising the DOH on its various biddingdocuments, project agreements and negotiating on behalf of the DOH with therelated private entities. (2018)

Advisedthe Port Authority of Thailand (PAT) on 14 public privatepartnership projects under the responsibility of PAT. (2018)

Representationof Total Access Communication Public Company Limited (DTAC) andits subsidiaries, dtac TriNet Co., Ltd. (TriNet) and TeleAssets Company Limited(TeleAssets), leading mobile service providers in Thailand, in relation to thelease of 2300 MHz network equipment by TeleAssets to TOT Public Company Limited(TOT), as well as the 2300 MHz network domestic roaming service by TriNet. Thistransaction gives DTAC the opportunity to increase revenue, enhance consumerconfidence and services, as well as its competitiveness. The deal is a majorbreakthrough for Thailand’s digital infrastructure in order to materialize theGovernment of Thailand's vision of Thailand 4.0. (2018)

Representationof Northern Bangkok Monorail Company Limited in every relevant contract,PPP contract, credit facility agreement, EPC agreement, O&M contract withcontractors, and in securing financing for the BTS Mass Transit Pink Line.The deal included representation of the consortium (BSR Joint Venture) enteringinto a contract for the construction of the Pink Line project, which spans fromKhae Rai province to Minburi province, approximately 34.5 km in length, and isexpected to be completed by 2020. We also advised on the negotiation of thecontract between the Mass Transit Authority of Thailand and the NorthernBangkok Monorail Company Limited. (2017)

Representationof the Eastern Bangkok Monorail Company Limited, as well as BSR JointVenture in relation to a contract to construct the Yellow Linemonorail in a PPP with the Mass Rapid Transit Authority (MRTA) of Thailand. Thejoint venture comprised BTS Group Holdings, Sino-Thai Engineering &Construction Public Company Limited and Ratchaburi Electricity GeneratingHolding Public Company Limited. The joint venture will construct the stationswithin three years and operate the monorail lines for 30 years. The line willspan 30 km from Ladprao to Samrong and is estimated to cost THB 53 billion.(2017)

Presentedseminars for officials of the State Enterprise Policy Office (SEPO)on subordinate legislation and guidelines in accordance with the new PublicPrivate Partnership Act (PPP Act). (2018)

Presentedseminars for officials of the State Enterprise Policy Office (SEPO)on secondary and subordinate legislation in accordance with the PrivateInvestment in State Undertaking Act B.E. 2556. (2016-2017)

Actedas a visiting lecturer and gave lectures on the PPP regulatory framework (PublicLaw Seminar: LA355) for the students at the Faculty of Law of ThammasatUniversity, Rangsit Campus. (2017)

Actedas a visiting lecturer and presented seminars for officials of the State Railway of Thailand (SRT) on thePPP regulatory framework and mechanism in Thailand in accordance with thePrivate Investment in State Undertaking Act B.E. 2556, the new Public PrivatePartnership Act and subordinate legislation, regulations and guidelines issuedunder both Acts. (2018)

Actedas a visiting lecturer and presented seminars for officials of the Port Authority of Thailand (PAT) onthe PPP regulatory framework and mechanism in Thailand in accordance with thePrivate Investment in State Undertaking Act B.E. 2556, the new PPP Act andsubordinate legislation, regulations and guidelines issued under both Acts.(2018)

Education

LL.M., Taxation, The London School of Economics and Political Science, UK, 2012

LL.M., University College London, UK, 2011

LL.B., Thammasat University, 2008

Bar Admissions

Lawyers License, Lawyers Council of Thailand
Notarial Services Attorney
Thai Bar Association
Corporate Law Consultant, Lawyers Council of Thailand

Languages

Thai, English