Chotiwit is a Partner of Rajah & Tann (Thailand) Limited.
Chotiwit’s practice focuses on mergers and acquisitions, project development and finance, including debt restructuring and insolvency, litigation and general corporate matters.
Chotiwit litigates in many practice areas, on commercial, joint venture dispute administratives cases. He has a broad range of experience representing clients in various business disputes, including civil court proceedings, arbitrations, and business reorganisations.
Chotiwit has advised companies from diverse sectors such as banking, manufacturing, energy, and investment.
Chotiwit graduated with a Bachelor of Laws from Thammasat University in 2004. He is fluent in Thai and English.
EXPERIENCE
Litigation and Arbitration
- Representing an oil manufacturer in civil court proceedings in respect of alleged tort claims arising from its factory operation.
- Representing a bank in civil court proceedings in respect of the revocation of fraudulent acts committed by the bank’s debtor.
- Representing banks in setting-off transaction in a borrower’s rehabilitation proceedings.
- Representing one of the top four audit firms in wrongful act claims.
- Representing one of the world’s largest cable manufacturers in disputes with Thai partner (both civil and criminal proceedings).
- Representing an investor in an SIAC arbitration proceeding in repsect of claim arising from the sale and purchase agreement of a hotel in Thailand.
- Advised a Singaporean regional bank rooted in Thailand on a number of engagements, including recovery debts worth around THB 1.2 billion and representation of the bank in Thai court.
- Advised an international financial advisory firm on transactions relating to arbitrage in Thailand.
- Acting as legal counsel for Don Muang Tollway Public Company Limited and one of its major shareholders on several international arbitral proceedings, as well as advising the client on the administration of requirements under the concession agreement for toll roads and other related agreements.
- Represented Thai textile companies in their business reorganisation proceedings.
- Advised a computer partners manufacturer on its business reorganisation proceedings.
- Represented a foreign creditor in the business reorganisation proceedings of a company rendering mass transit services.
- Assisted a listed company who is a major distributor of IT equipment in applying for debt repayment from its customer under the rehabilitation process.
- Assisted an Austrian company who is a major medical equipment producer in its disputes with a Thai partner who is a major rubber producer.
- Assisted a Swedish investor on a recovery of his investment in a real estate company in Phuket.
- Represented foreign creditors in connection with the debt restructuring of G Steel PCL and GJ Steel PCL.
- Represented a Thai automobile spare parts company in connection with a civil case for breach of contract.
- Seconded to Standard Chartered Bank (Thailand) to assist its Group Special Assets Management (GSAM) team in connection with the recovery of debts from non-performing borrowers.
- Represented a bank in connection with a revocation of fraudulent transaction made by a debtor.
- Represented a vegetable oil manufacturer in connection with alleged tort claims arising from its factory operation.
- Advising a beauty products trader in its share purchase transaction and shareholders agreement with Thailand’s leading department store chain.
- Advising a Thai partner in its joint venture agreement with a Chinese partner to undertake a nano-financing business.
- Advising a tollway concessionaire and operator on consortium agreement.
Business Reorganisation
- Advising various clients on the business reorganisation of Thai Airways International Public Company Limited and representing the clients in relation to application for debt repayment.
Other Experience
- Solicitation IPP 2012: Acting as part of the legal advisor team to assist the Energy Regulatory Commission and the Office of Energy Regulatory Commission (OERC) with (i) studying the laws, governmental policies, format and regulation relevant to the Request for Proposal, Power Purchase Agreement, Gas Sale Agreement and other things, including RFP Package issued in 2007; (ii) preparing the initial guideline and subsequent detailed documents regarding the RFP Package for Solicitation IPP 2012; (iii) finalising the RFP Package for Solicitiation IPP 2012; and (iv) providing clarification to questions from interested bidders and participating in pre-bid meeting(s).
- Advised a Norwegian telecommunications company on the acquisition of shares in United Communication Industry Plc and Total Access Communication Plc.
- Advised a Singaporean investment house on the acquisition of shares in Shin Corporation, the largest mobile service provider in Thailand.
- Advised a furniture manufacturer on (i) corporate matters; (ii) business reorganisation proceedings; (iii) civil claims in relation to insurance policies; and (iv) sale of assets.
- Advised Thai banks on various financing transactions, especially for SPP and VSPP power plants.
- Advised VSPP power plant on general legal advice.
- Advised a developer of power generation facilities for the landfill waste-to-gas project.
- Advised a group of Thai textile companies on their business reorganisation proceedings.
- Advised a computer parts manufacturer on its business reorganisation proceedings.
- Advised a Thai power company on various corporate issues.
- Represented a foreign creditor in business reorganisation proceedings of a company rendering mass transit services.
MEMBERSHIPS / DIRECTORSHIPS
- Ordinary Member, Thai Bar Association
- Member, Law Society of Thailand
- Notarial Services Attorney
PUBLICATIONS
- Contributor, “Regional Round-Up 2023 (Year in Review Edition): Thailand”, published by Lexology (Feb 2024)
- Contributor, “Regional Round-Up 2022 (Year in Review Edition): Thailand”, published by Lexology (Feb 2023)
- Contributor, “At a glance: regulation of litigation funding in Thailand”, published by Lexology (Nov 2022)
- Contributor, “Snapshot: litigation funding costs and insurance in Thailand”, published by Lexology (Nov 2022)
- Contributor “Regional Round-Up 2021 (Year in Review Edition): Thailand”, published by Lexology (Jan 2022)