OUR PEOPLE

Aawut Somsak
Aawut SomsakManaging Partner

EDUCATION

  • Barrister at Law, Institute of Legal Education of Thai Bar Association, 2010
  • Notarial Services Attorney, Lawyers Council of Thailand, 2009.
  • Lawyer License, Lawyers Council of Thailand, 1999.
  • Bachelor of Laws, Ramkhamheang University, Bangkok Thailand 1999.

SELECTED PUBLICATIONS AND SEMINARS

  • Thailand chapter of “Getting the Deal Through: Labour & Employment in 44 Jurisdictions Worldwide”, United Kingdom: Law Business Research, 2017-2018
  • Selected speaker on Amendment of Civil and Commercial Code in Relation to Guarantee Law, invited by A.P. Honda Limited, 2015

KEY QUALIFICATIONS

Aawut Somsak is the Founder and Managing Partner of Aawut Law Firm. His main areas of practice are dispute resolution, corporate, insolvency, and restructuring, trade competition, labour & employment, insurance, administrative and white-collar criminal matters. Aawut also has extensive experience in Thai court proceedings, as well as in arbitrations under the ICC, THAC and TAI rules.

Aawut practices in all areas of commercial law, with a particular emphasis on civil fraud, white-collar crime, shareholders & joint venture disputes, international trade, and employment. Aawut also has extensive experience in obtaining emergency and interim injunctions, including freezing orders. Many of Aawut’s cases involve multiple jurisdictions together with the instructions to provide expert witness services in the foreign courts in connection with multi-jurisdictional claims related to Thailand.

In addition, Aawut has been admitted to the THAC Panels of Arbitrators, specifically as an arbitrator panellist for Corporate, International Trade, Information Technology, Shareholders, and Joint Venture Disputes, and the general commercial panel.

Prior to establishing Aawut Law Firm, Aawut was the Litigation Partner at Silk Legal, an international law firm based in Bangkok, where he was a key driver of new business to the firm. Previously, as Managing Partner of Jus Laws & Consult, an independent Bangkok law firm, Aawut was engaged in building their litigation department and improving firm management.

From 2010 to 2015, Aawut was the Chief Litigator at Price Sanond Prabhas & Wynne (formerly known as “Deacons”), where he handled major litigation and arbitration matters, as well as providing legal advice in various fields relevant to his domestic and international corporate clients.

From 2003 – 2010, Aawut held a partnership role at Rapeepat Public Law Office, where he handled many civil and commercial disputes in the Thai courts as well as arbitration matters.

MEMBERSHIP IN PROFESSIONAL SOCIETIES

  • Member of the Chartered Institute of Arbitrators
  • Member of the International Bar Association
  • Member of the Law Association for Asia and the Pacific
  • Member of the American Chamber of Commerce in Thailand
  • Barrister at Law, Thai Bar Association
  • Notarial Services Attorney, Lawyers Council of Thailand
  • Litigation Attorney, Lawyers Council of Thailand

CREDENTIALS

  • Asialaw Leading Lawyer 2018-2022 in Dispute Resolution & Litigation.
  • Dispute Resolution Star – Benchmark Litigation Asia Pacific 2019-2021.
  • The A-list. Thailand’s Top 100 Lawyers 2018-2020 – Asian Business Law Journal.

IN THE MEDIA

NOTABLE CASES

    • M&A and Capital Markets
      • Advised a Thai limited company and its shareholders on disposal of ordinary shares in a Public Company Limited on the Stock Exchange of Thailand. Transaction valued at THB 10.99 billion (approximately USD 343 million).
      • Advised and conducted legal due diligence for a Thai public company in the acquisition of land plots located in the Industrial Estate of Rayong Province. Transaction valued at THB 2 billion (approximately USD 62.5 million).
      • Advised and conducted legal due diligence for a Thai listed company in the acquisition of 40% shareholdings in an industry-leading company for innovation in one-stop water and pollution solutions in joint venture with another Thai-listed company.
      • Advised one of the largest Myanmar non-alcoholic beverage group on the conditions precedent to eligibility for listing on the Stock Exchange of Thailand (SET) and group restructuring for compliance with Thai law.
      • Advised a number of securities companies on relevant rules and regulations, such as the Public Company Act, SEC Rules and Regulations governing the issue and the offering of securities to the public, and SET listing rules and regulations.
      • Advised and conducted due diligence for a multinational contractor on land ownership, corporate status, zoning restrictions and other issues before executing the Lease Agreement and relevant contracts.
      • Advised and conducted due diligence for a leading global entertainment company with respect of the acquisition of YouTube® channels from Thai artists and Thai operators.
      • Advised and conducted due diligence for a leading Malaysia Hotel Operator with respect to the USD 17 million acquisition of a 4 Star Hotel in Koh Samui, Thailand from Japanese investors.
      • Advised and conducted due diligence for a multinational company in the acquisition of a new plant for its expansion in South East Asia and Australia.
      • Advising Thai and Laotian investors in the acquisition of a Duty-Free Project at the Thai-Lao Friendship Bridge Zone.
      • Advising a Thai investor in acquisition of a 7.5 megawatt hydroelectric generating plant and related facilities located at Khoune City, Xieng Khouang District, Lao People’s Democratic Republic.
    • FOREIGN DIRECT INVESTMENT
      • Advised a Multinational Telecommunications Company in connection with general corporate advice and services, such as the incorporation of a company in Thailand, preparation and submission of BOI applications.
      • Advised a “Unicorn” Start-Up Company in connection with proper structuring a company in Thailand, as well as qualification, preparation and submission of an application for Board of Investment (BOI) promotion.
      • Advised a US Company in applying for promotion under the name of its subsidiary, to the BOI and also for and receiving protection under the Treaty of Amity and Economic Cooperation between Thailand and the United States.
      • Advised a United Kingdom company in connection with proper structuring a company in Thailand, as well as qualification, preparation and submission of an application for BOI promotion.
      • Advised a Thai Public Company Limited in preparing a letter to the Office of the Board of Investment requesting an extension of their Board of Investment Certificate.
    • OIL & GAS
      • Advised the world’s leading provider of technology for oil reservoir characterization, drilling, production, and processing on regulatory compliance and labour and employment for its operations in Thailand.
      • Advised an international industrial services company and one of the world’s largest oil field services companies on regulatory compliance and labour and employment for its operations in Thailand.
      • Advised a multinational gas and engineering company on taxation, employment and expatriate services.
      • Advised and defended a global petroleum company against a computer-related criminal charge filed by its employee, based on an allegedly false input of information into the company’s database on its own servers.
      • Advised the first OPITO-Approved Training Provider of BOSIET with CAEBS, FOET with CAEBS and HUET with CAEBS in Thailand on regulatory compliance, non-competition, and labour and employment.
    • CORPORATE & COMMERCIAL
      • Advised a global non-alcoholic beverage group in relation to regulatory compliance, employment and dispute resolution.
      • Advising a major Thai Public Company and producer/distributor of alcoholic beverages in relation to regulatory compliance, trade competition, Alcohol Control Act and assisted with dispute resolution.
      • Advised a global pharmaceutical company in relation to regulatory compliance, employment, and dispute resolution.
      • Advised a global platform for food and beverage delivery services in relation to regulatory compliance, employment, trade secrets, intellectual property and dispute resolution.
      • Advised a global consumer goods company in relation to regulatory compliance, employment, trade secrets, intellectual property and dispute resolution.
      • Advised a global fast-food chain owner in relation to regulatory compliance, employment, trade secrets, intellectual property and dispute resolution.
      • Advised a European company in acquisition of assets and establishment of a food delivery services entity in Thailand.
      • Advised a major Thai-Japanese automobile company, a major supplementary foods manufacturer, and the largest dealer of Japanese automobiles with respect to distributorship and disputes arising under the various terminations of distributorships.
      • Advised a major Thai-Japanese automobile company in relation to a criminal charge under the Trade Competition Act of Thailand, which was the first major case of its kind in Thailand.
      • Advised the World Bank in relation to agricultural cooperation, contracts, and alternative dispute resolution in Thailand.
      • Advised the State of Queensland, Australia, on launching competitive campaigns in Thailand.
      • Advised a Charity Organization of England and Wales in respect of its current status, risks, and liabilities for its national office in Thailand.
      • Advised a Thai publicly listed company on registering its trademarks around the region.
    • LITIGATION & ARBITRATION
      • Advised the world’s largest express transportation company in relation to international carriage claims in Thailand.
      • Advised a group of celebrities on criminal charges in relation to allegations of improperly promoting alcoholic beverages through social media.
      • Advised a global reinsurer in relation to property damage and business interruption claims arising from the Bangkok unrest in May 2010.
      • Advised a Japanese trading company on THB 2 billion in claims brought by a Thai state enterprise in the South Bangkok Civil Court concerning a contract for the supply of turbines for a power plant and the related arbitration provisions.
      • Pursued a claim in arbitration under the ICC rules on behalf of a well-known construction advisory firm against its customer in connection with disputes over a hospitality project.
      • Advised a US-listed company against the Royal Thai Air Force in order to enforce the Arbitral Award in connection with flight simulation systems and governmental procurement.
      • Pursued a THB 2 billion claim in the South Bangkok Civil Court on behalf of a global explosives company against an influential Thai family in connection with wrongful conduct.
      • Advised a global financial institution against a THB 350 million claim from a well-known hospitality group in Thailand in the Phuket Provincial Court in connection with a breach of contract.
      • Advised a global airline against a claim from passengers in the Intellectual Property & International Trade Court (IP/IT Court) in connection with a breach of carriage contract.
      • Advised a Japanese shareholder against another shareholder’s request for the Civil Court to revoke a shareholders’ resolution of the joint venture company.
      • Advised a global semiconductor company and its directors against a criminal charge filed by a former employee in connection with a purported non-compliance with the Thai labour law.
      • Pursued a USD 1.2 million claim on behalf of a global hotel chain against a group of employees who fraudulently directed online reservation commissions into the accounts of fake travel agencies owned by the employees.
      • Defended a global IT company in the Labor Court against a THB 450 million claim from its Thai and foreign former employees in connection with an alleged unfair termination.
      • Pursued a THB 5.8 billion claim in the Administrative Court on behalf of a well-known Thai IT company against a Thai government agency in connection with a breach of an administrative contract by the agency.
      • Advised a Thai semiconductor company against a THB 550 million claim from a well-known Thai bank in connection with the bill of exchange and mortgage disputes.
      • Advised a news agency against a criminal defamation charge in connection with exposing corruption concerning procurement of baggage carousels for an international airport.