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asialaw Leading Lawyers 2022 - Notable practitioner (Banking and Finance)
David is a Partner at Chandler MHM Limited (CMHM) and a member of the firm’s Energy & Infrastructure Practice Group. Prior to joining CMHM, he gained experience as a consultant at a respected international law firm in Bangkok. He has vast experience representing lenders and project sponsors in the oil & gas, mining, renewable energy, and manufacturing sectors. David has also advised on numerous complex commercial transactions such as cross-border joint ventures, M&As, loan portfolio acquisitions, and greenfield infrastructure projects. Having gained professional experience in several Asian jurisdictions, David is experienced at negotiating and structuring transactions to best protect his clients’ interests.
RELEVANT CLIENT EXPERIENCE
Some Representative Transactions:
- Represented: a Thai sponsor in negotiating the terms of design-build construction agreement (FIDIC Yellow Book, 1999) with respect to the development of a 50 MW solar farm in Vietnam.
- Represented: a Japanese trading house in all aspects of establishing a joint-venture with its Thai partner for the development of rooftop solar installations in Thailand. Advised on shareholders’ agreement, template private power purchase agreement, rooftop leases, supply and construction agreement, and regulatory considerations.
- Represented: a Thai sponsor in negotiating the terms of engineering, procurement and construction (EPC) contract (FIDIC Silver Book, 2017) and operations and maintenance (O&M) agreement with respect to the development of Phase 1 of a 300 MW wind farm in Vietnam.
- Represented: a Japanese buyer in acquisition of interest in a biomass power plant, including assisting in formulating bridge-financing structure, while advising on licensing and foreign ownership restrictions to ensure post-closing compliance.
- Represented: a Thai sponsor in negotiating the terms of services and availability agreement with wind turbine supplier.
- Represented: a foreign engineering and construction company on its bid submission and negotiations with the State Railway of Thailand of dual-track rail expansion project.
- Represented: foreign engineering and construction company on all aspects its bid on Laem Chabang Phase 3 Port expansion, one of the flagship infrastructure projects in Thailand’s Eastern Economic Corridor, with an investment value of approximately USD 4.5 billion.
- Represented: a foreign engineering and construction company in its bid on the M6 & M81 highway projects in Thailand, tendered as a public-private partnership (PPP) by the Department of Highways of Thailand.
- Represented: a multinational engineering logistics systems supplier in consortium formation and public-private partnership (PPP) terms for a contract related to expansion of Suvarnabhumi Airport.
- Represented: a Japanese engineering firm on regulatory considerations for the implementation of EPC works on a water treatment facility.
- Represented: a European EPC contractor on licensing, and customs and import considerations, and reviewed invitation to bid and general conditions of contract for an LNG receiving terminal project.
Oil & Gas
- Represented: a major international investment bank on the extension of a dual tranche secured oil import and working capital refinancing facility valued at USD 28 million. Devised a security package which included both movable and immovable pledges, warehouse receipts, and security assignments, to optimize protection of the client’s investment.
- Represented: a major oilfield services provider on transfer of radiation source and explosive licenses in connection with a proposed merger.
- Represented: the acquirer of an oilfield services provider, including conducting due diligence and advising on general compliance deficiencies of the target, as well as improving the client’s bargaining position in negotiations on purchase price and other terms of the acquisition.
- Represented: several Thai petroleum concessionaires on all aspects of direct and indirect transfers of concessions, decommissioning obligations, anti-trust considerations, and other regulatory matters.
- McGill University (B.C.L./LL.B. 2012)
- McGill University (LL.M., 2010)
- Kobe University (LL.B., 2008)
- Attorney and Counsellor at Law, Commonwealth of Massachusetts, 2012
Member of International Bar Association (IBA)
Member of the Association of International Petroleum Negotiators (AIPN)
Member of Chartered Institute of Arbitrators (CIArb)
Board of Directors Thai-Canadian Chamber of Commerce