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Warathorn is one of the leading disputes lawyers in Thailand.

Warathorn is regarded as one of the market's leading and talented advocate with almost 20 years of experience in Thailand and other Asian region. Described as an "Excellent Practitioner", “National Leader – Southeast Asia", "Litigation Star for Commercial and Transactions" and " Southeast Asia Arbitration Powerlist", Warathorn has developed a strong reputation for advising and representing major corporations and conglomerates in many of the country's most complex and high-profile commercial dispute matters. 

He has worked extensively with clients throughout the entire dispute resolution processes including Thai court litigation, domestic and international arbitration (TAI, THAC, ICC, SIAC and HKIAC) and mediation. He has also advised clients in administrative law, bankruptcy and rehabilitation, class action, corporate and commercial, corporate governance and director liability, corporate investigations and compliance projects, concession, shareholders dispute, and product liability.

Warathorn's expertise spans across a broad spectrum of industries, including aviation, banking and finance, construction and engineering, consumer products, energy (oil and gas and renewables), government and public sector, healthcare, hospitality and real estate, insurance, transportation and logistics, telecommunications, media and technology. His experience is also extended to the role of arbitrator in which he has been appointed by various institutions (SIAC, THAC, TAI and YSIAC) as a sole or co-arbitrator.

Accolades

  • Legal 500 Southeast Asia Arbitration Powerlist
    Legal 500 Asia Pacific, 2023
  • Litigation Star, Commercial and Transactions
    Benchmark Litigation - Asia Pacific 2023
  • Ranked Lawyer, Band 2, Dispute Resolution
    Chambers Asia Pacific, 2023
  • Next Generation Partners, Dispute Resolution: International Arbitration
    Legal 500 Asia Pacific, 2023
  • The A-List, Thailand's Top 100 Lawyers
    Asia Business Law Journal, 2020-2023
  • Future Leader, Arbitration Future Leaders - Partners
    Who’s Who Legal, 2024
  • Recommended – Commercial Litigation
    Who's Who Legal, 2023
  • Recommended – Southeast Asia Arbitration
    Who's Who Legal, 2023
  • Thought Leader – Commercial Litigation
    Who's Who Legal, 2023
  • Recommended – Southeast Asia Commercial Litigation
    Who's Who Legal, 2023

Memberships

  • Thai Barrister-at-Law, Thai Bar Association –  2005
  • Lawyers License, Lawyers Council of Thailand – 2004
  • Commission on Arbitration & ADR of ICC Thailand
  • Reserved arbitrator of the Singapore International Arbitration Centre (SIAC)
  • Young SIAC (YSIAC) committee at the Singapore International Arbitration Centre

Publications

  • Co-author of Thailand chapter of the Brazilian ADR Journal: Mediation in Thailand (Brazilian ADR Journal 2023)
  • Author of Thailand chapter to the thirteenth edition of The Restructuring Review (The Law Reviews 2020)
  • Author of the Thailand chapters of The International Arbitration Review (The Law Reviews 2015-2018) and the Dispute Resolution Law Guide (LexisNexis 2018)

Background

Fluent in Thai and English, Warathorn Wongsawangsiri was admitted to practice in 2004. He received a bachelor's degree in law (Frist Class Honours) from Chulalongkorn University in Thailand, and masters' degree in law (Honours) from Northwestern University School of Law in the United States. Warathorn is qualified as a Thai Barrister-at-Law and is a current member of the Thai Bar Association. 

Experience & expertise

Selected matters

Experience in Arbitration and International Arbitration

  • a leading scientific equipment distributor in Thailand and ASEAN region in relation to bid rigging investigations by the Office of the National Anti-Corruption Commission in Thailand
  • Southeast Asia’s prominent cement and construction company in an international arbitration with regard to a breach of the joint venture agreement for the amount worth approximately USD 400 million under ICC Rules in Singapore
  • Southeast Asia’s large brewery and distribution company in a potential international arbitration with regard to a breach of joint venture agreement for approximately USD 250 million under SIAC Rules at Singapore International Arbitration Centre
  • a major real estate developer in Phuket, Thailand in relation to a contractual dispute under SIAC Rules at the Singapore International Arbitration Centre
  • a publicly listed company in an international arbitration pursuant to the breach of Shareholder Agreement under SIAC Rules at Singapore International Arbitration Centre
  • Thailand’s largest publicly listed mobile and telecommunications company in an arbitration claim for payment of THB 31.158 billion (approximately USD 985 million) for concession fees. The claimant is a former state enterprise of the Thai government. The client won the arbitration case
  • a major Thai conglomerate in an international arbitration under the rules of the International Chamber of Commerce concerning shareholder disputes over the acquisition of shares in a major renewable energy business in Thailand. The disputed amount was over USD 350 million (THB 12,250 million)
  • a publicly listed TV broadcaster in a successful arbitration related to claims and counterclaims valued at THB 100 billion (approximately USD 3.3 billion) with respect to the termination of the television broadcasting concession between a private sector and the governmental authority
  • a subsidiary of a global petroleum exploration and production company in an arbitration arising from a joint operating agreement in connection to a concession in the Gulf of Thailand granted by the Ministry of Energy. The total amount of damages claimed was approximately THB 1 billion (USD 28 million)
  • a publicly listed construction company in ICC arbitration arising from the wrongful termination of a subcontract agreement in relation to the construction of a UHV plant project. The total amount of damages claimed was approximately THB 350 million (USD 10 million)
  • an international pioneer in the aerospace sector in an international arbitration pursuant to commission dispute under the purchase of aircrafts under ICC Rules in Singapore
  • Thailand’s large mobile and telecommunications company in a successful arbitration proceeding involving revenue-sharing agreements which resulted in a demand for payment of THB 3.949 billion (approximately USD 116 million) for concession fees
  • the owner of a luxury office building and hotel in Myanmar in an international arbitration in Hong Kong in relation to a hotel management agreement
  • a renowned international insurance group and part of a large property insurance company in Japan, in insurance and re-insurance disputes before the Thai Arbitration Institution

Experience in Commercial Litigation and Other Disputes

  • One of the consortiums consisting of a public company being a majority shareholder of Bangkok mass transit system company, a regional airline based in Bangkok and a publicly listed engineering and construction company in Thailand in a dispute regarding an international airport project
  • a publicly listed real estate developer in a dispute in relation to a construction agreement for one of the largest global chained-brand hotels valued at USD 400 million
  • a large publicly listed real estate developer, in a dispute in relation to a construction agreement for several projects in Thailand
  • a leading digital asset exchange in Thailand with respect to advice regarding compliance to the Emergency Decree on Digital Asset Business Operation B.E. 2561 (2018)
  • China’s largest construction and real estate conglomerate and dominant contractor with respect to legal advice and representation in a civil lawsuit against their contractor
  • a subsidiary of one of the largest global construction and engineering companies in a dispute related to a construction agreement for their project in Thailand
  • Dubai-based emerging airline cargo company in a commercial dispute concerning two Boeing aircrafts worth approximately USD 16.9 million. Injunction was placed on the client prohibiting from flying these two aircrafts out of Thailand. The firm successfully challenged the injunction on an emergency basis and the injunction was lifted within one day
  • a major mobile service provider in Thailand in a dispute at the Administrative Court regarding the revocation of the National Broadcasting and Telecommunication Commission’s order with respect to additional payment during the remedy period
  • a major mobile service provider in Thailand in a telecommunication dispute with the National Broadcasting and Telecommunication Commission (NBTC) and the state-owned telecommunication company in connection to the utilisation of the 900 MHz frequency
  • an owner of an international hotel management and operator in providing general legal and commercial advice on day-to-day business operations in Singapore, Myanmar and Thailand
  • a subsidiary of one of Japan’s largest general trading companies in a commercial dispute worth approximately THB 150 million
  • a subsidiary of one of the world's largest tire and rubber companies in a commercial dispute with respect to a breach of the sale and purchase agreement
  • a subsidiary of one of the leading manufacturers and distributors of pulp and paper in Southeast Asia in a commercial dispute arising from call and put option deed for approximately THB 2,800 million. The matter was under contemplation of the Singapore International Arbitration Centre while an interim injunction was also filed at the Thai court to seek a prevention of the sale of shares
  • a market leader in advertising, payment and logistic platforms in Thailand in two commercial litigation claims arising from the termination of an agency agreement and outstanding advertisement and production fees
  • Highly respected and globally renowned international arbitrators in successfully defending claims brought against them in the Thai court in their capacity as arbitrators in an ICC arbitration that had taken place in Bangkok. The claim was brought by the losing party at the arbitration and was entirely dismissed by the Court of First Instance