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Statutory Adjudication in Thailand - A step towards maintaining the cash-flow of contractors during the construction of projects

In Thailand, a draft Act on Settlement of Disputes regarding Payment in Construction Contracts  (the “Draft Act”) which features a statutory adjudication process for construction disputes  has been prepared by the Thailand Arbitration Center (“THAC”) and has been submitted to the Ministry of Justice of Thailand (“MOJ”) for their deliberation.  Statutory adjudication regimes exist in several other countries, notable of which are the United Kingdom, Australia, New Zealand, Malaysia, Singapore, and Ireland. If enacted, the Draft Act is likely to be the first statutory adjudication legislation in Civil Law jurisdictions.This newsletter will analyse key aspects of the Draft Act. The proposed Thai statutory adjudication regime, similar to statutory adjudication regimes abroad, aims to ensure cash flow of contractors (including subcontractors)...To read the full article, please see the PDF file

*This article is also available in Japanese.

It is also available in PDF.
Construction & Infrastructure Newsletter (November 14, 2022) (187 KB / 3 pages) Download PDF [187 KB]

Authors

宇野 伸太郎

Shintaro is one of Japan’s leading experts on FIDIC and other construction-industry contracts. He specializes in international engineering and construction of infrastructure projects around the world, with a particular focus on Japan and Asia. He has extensive experience advising on a wide range of projects, including semiconductor plants, data centers, high-speed railways, highways, submarine cables, coal-mining process facilities, Mass Rapid Transit, high-rise buildings, lithium hydroxide plants, various types of power plants, tunnels, ports, dredging, offshore wind, and water treatment and supply facilities, with primary contracts based on the standard FIDIC contract forms (including Redbook, Yellowbook, Silverbook 1999 and 2017 version), Minkanrengo Building contract, Nikkenren Design Build and ENAA. On the contentious side, Shintaro has represented both employers and contractors in proceedings before Dispute Adjudication Boards, arbitral tribunals, and in the courts of various jurisdictions. .
Shintaro has been selected as a Leading Individual in the Construction: International category in Singapore for Chambers Asia-Pacific 2023 and 2024.
Regarding conflict and crisis management in Asia, he has handled numerous complex and difficult cases during his 13 years stationed in Southeast Asia, advising on risk analysis and response strategies based on the local situation. In particular, he has experience in handling over 60 litigation cases and criminal matters in Indonesia over the past 12 years, demonstrating his expertise in handling local disputes.

ジラポン・スリワット

He advises on a wide range of merger-and-acquisition transactions, joint ventures, foreign direct investments, general corporate, international corporate finance, and restructurings. His expertise is advising, structuring and leading complex transactions both within and outside of Thailand. He regularly represents, among others, Japanese, Thai and international investors, international investment banks, international private equity investors, hedge funds and international corporations and financial institutions. His main areas of practice include public and private mergers and acquisitions (takeover rules), legal due diligence, joint ventures, fund raising, listings, block trades, stock exchange and securities exchange related laws, restructuring of shareholdings and general corporate advice. His additional areas of practice also cover banking and finance, renewable energy in Japan and Thailand, exchange control law, labor law, and debt restructurings. Before setting up the Bangkok office of Nishimura & Asahi in 2013, he worked with Linklaters for almost a decade. He is also a registered arbitrator of the Thai Arbitration Institute (TAI) with the areas of expertise in corporate M&A, joint venture, banking and finance, capital markets, debt restructurings and energy.

井浪 敏史

Satoshi INAMI

  • Counsel
  • Singapore

Satoshi has worked at N&A’s Singapore office since July 2022 and has provided Japanese clients with headquarters in Japan or Singapore and other clients with legal support on general corporate, labor, dispute resolution, and crisis management/compliance matters for their businesses operations in Southeast Asian countries.

Satoshi has also engaged in international construction and infrastructure projects and has advised on construction contracts, laws and regulations, and disputes in connection with projects in Japan and overseas.

村田 智美

Tomomi MURATA

  • Partner
  • Singapore

Having been stationed at the Hanoi office from 2016 to 2017 and subsequently at the Singapore office since 2019, Tomomi brings a wealth of experience in international construction and infrastructure projects. Her portfolio spans a diverse range of cases, encompassing all areas from negotiation and drafting construction contracts to handling issues arising during project execution, addressing construction disputes, and conducting regulatory research related to construction in both domestic and international projects.

Leveraging her experience in Singapore and Vietnam, she collaborates with qualified lawyers in various jurisdictions, contributing to her extensive expertise in construction projects across the Southeast Asian region. In addition, she actively holds seminars and in-house training sessions on FIDIC, one of the leading standard forms of contract for international construction.
Beyond her focus on construction and infrastructure, she provides broad legal advice on issues related to new investments, joint ventures, and labor matters in Southeast Asian countries, with a particular emphasis on Singapore, Malaysia, Indonesia, and Vietnam.