Chiridacha Phungsunthorn
Partner
  chiridacha@dechaco.com
T :   (+66) 2-074-7484
 

AREAS OF EXPERTISE

  • Development and financing of infrastructure projects in ASEAN countries
  • Planning and financing of natural resource projects in concession negotiation, legal structure, identify risks, and create financial strength of the project
  • Cross-border acquisitions and cross-border energy transactions, especially in the ASEAN countries

EDUCATION

  • LL.B. from Chulalongkorn University
  • LL.M. from Southern Methodist University, USA

WORK EXPERIENCE

  • Founder and Managing Partner at Decha & Co Limited, Bangkok
  • Partner at LS Horizon Co, Ltd., Bangkok
  • General Counsel to Banpu Public Company Limited, a well-known Thai energy company
  • Senior Associate at Baker & McKenzie, Bangkok Office

MAJOR TRANSACTIONS

Construction, financing, and development of power plants

  • Represented Hongsa Power Company Limited in connection to USD 2,700,000,000 financing for development and operation of the 1,878-MW Hongsa Thermal Mine-Mouth Power Plant in the Hongsa District, Xayaboury Province of the Lao PDR
  • Provided advices on and supports to development of Thuen-Hinboon Hydro Power Project, the first Independent Power Producer (IPP) hydro-power project in Lao PDR from an outset of the project
  • Provided legal and business advices on negotiation of a joint venture arrangement as well as a concession for a hydro-power project in Lao PDR to a group of Thai and Europe companies
  • Provided advices on negotiation of financial arrangements between the project lender and the shareholder of an IPP company for construction and development of a 700-MW gas-fired power project in Thailand
  • Provided legal advices on negotiation of engineering, procurement, and construction contracts (EPCs) for power plant construction projects as well as drafting and revision of power purchase agreements (PPAs)
  • Acted as a project counsel to a Thai petroleum company for a development of a Small Power Producer (SPP) power plant
  • Provided advices on a joint venture arrangement to a Thai energy company in the first SPP project in Thailand
  • Provided legal advices and supports to an Independent Power Producer (IPP) in the first Coal Generation (COCO) power project in Thailand
  • Provided advices on development of two 45-MW Biomass Power Projects to a Thai sugar mill company

Mining & petroleum projects

  • Provided legal and business advices on oil and gas exploration and production in Thailand to the Salamander Energy Group for following matters:
    • Participation agreement/assumption agreements
    • Farm-in/farm-out agreements
    • A due diligence report
    • Borrowing facilities agreements and
    • Legal analysis on and implications of legal regime governing the Thai petroleum industry which cover: the Petroleum Act and its subsequent amendments, the Foreign Business Act, the Petroleum Income Tax Act and its subsequent amendments, and the Revenue Code
  • Conducted legal research and providing legal advices on development of petroleum law and its regulatory regime in Thailand to the Department of Mineral Fuel (DMF), Ministry of Energy of Thailand
  • Provided legal advices on an acquisition of 20% interest in an independent power producer (IPP) operating a gas-fired power plant in Thailand to a Thai company
  • Provided legal advices on gold mining concession negotiation to a leading US-based gold mining company and advising the same company for a gold exploration project in Lao PDR and Myanmar