PPPs and Infrastructure

PPPs and Infrastructure

Trusted legal counsel to Thai state-owned enterprises, government agencies and private sector entities for major projects
PPPs and Infrastructure

As a leading public-private partnership (PPP) law firm in Thailand, we have extensive experience representing major Thai state-owned enterprises (SOEs), government agencies, and private sector entities in landmark PPPs, public procurement matters, and strategic investments.

Our deep understanding of the public sector legal landscape positions us to provide comprehensive legal support to private sector clients seeking to invest in, partner with, or enter into contractual arrangements with SOEs and government agencies.

In the PPP sector, the Thai government’s current pipeline presents significant opportunities for foreign and domestic contractors and investors to participate in joint investments in state undertakings, particularly in large-scale airports, railways, roads, ports and transport infrastructure projects across Thailand. Approximately 140 PPP projects are currently being implemented or are planned for implementation under the legal framework of the PPP Act B.E. 2562 (2019) during the period 2020–2027. We regularly advise both public and private sector clients across a wide range of these PPP projects. 

A flagship initiative is the Thai government’s strategic plan for the development of the Eastern Economic Corridor (EEC), which includes plans for a high-speed railway linking Don Mueang, Suvarnabhumi and U-Tapao airports, along with other transformative projects aimed at positioning Thailand as a leading transport and logistics hub in ASEAN. The implementation of EEC fast-track measures has expedited PPP project approval processes, while welcomed, also means that bidders may have less time than in traditional PPPs to analyze project and investment risks and prepare tender submissions.

A key strength of our practice also lies in our ability to determine at an early stage whether a proposed project falls under the PPP law, public procurement law, or other regulations governing the establishment of SOE subsidiaries, and the utilization of state property (Ratchaphatsadu land). This enables us to structure projects correctly from the outset and mitigate compliance risks. 

We maintain close collaboration with Thai regulators to deliver clear, compliant, and commercially sound solutions at every stage of our clients’ projects involving Thai SOEs and government agencies.

Throughout the PPP tender process, our team provides end-to-end legal services to bidders, including:

  • Conducting legal due diligence on prospective Thai joint venture or consortium parties
  • Advising on foreign investment requirements and the full spectrum of applicable Thai laws, including environmental, labour, construction, and property
  • Structuring tax-efficient investment and corporate entities 
  • Reviewing and advising on request for proposal (RFP) documentation, including terms of reference (ToR), term sheets, and draft PPP agreements
  • Preparing and coordinating supporting documentation for tender submissions
  • Negotiating and drafting amendments to PPP contracts

Our PPP expertise extends to broader investment projects involving the public sector, including:

  • Drafting and negotiating complex construction and engineering agreements, including EPC, O&M, turnkey contracts 
  • Structuring and establishing subsidiaries of SOEs 
  • Consortium and joint venture agreements
  • Project management and consultancy agreements
  • Board of Investment (BOI) incentives
  • EEC laws 
  • Public procurement laws 
  • Customs duties 
  • Project dispute resolution
  • Government concession legal advisory

Our Recent Work

01
Collaborating with a Big 4 audit firm to advise major SOEs on the establishment and structuring of subsidiaries, including conducting legal analysis of the implications of maintaining SOE status and advising on applicable regulatory requirements and procedures.
02
Advising and representing a government agency in connection with a public–private partnership (PPP) project for the development of integrated highway service facilities and related infrastructure, including preparing bidding documentation (RFP and draft PPP agreement), attending and advising at meetings of the Selection Committee, and organizing statutory public participation processes to ensure compliance with applicable PPP related laws.
03
Assisting a government agency in the preparation of the feasibility study and analytical report for an industrial port development project, including providing legal and regulatory analysis, advising on applicable statutory requirements, and supporting the legal assessment of the project.
04
Advising a foreign EPC contractor on the RFP, draft Project Agreement and Thai laws in the bidding phase of the High Speed Rail Linking Three Airports Project.
05
Advising construction and engineering companies in relation to the M&E Systems EPC, Sub-Contract and Maintenance Contract for the MRT Purple Line Project.
06
Acting for a bidder in the MRTA Pink Line and MRTA Yellow Line (monorail lines).
07
Advising an international development bank on the PPP Procurement Option for a Thai government agency in relation to the development of an intercity motorway.

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PPPs and Infrastructure