Kongwat Akaramanee is a partner with Kudun and Partners Limited, active in the dispute resolution and litigation practice. He possesses extensive experience in dispute resolution, commercial and business litigation, administrative, labour, tax, restructuring and insolvency, and arbitration matters and acts as trusted advisor to numerous domestic and international clients, particularly on compensation claims, EPC contract disputes and tax disputes.
His expertise extends across multiple industries including finance & securities, construction services, information & communications technology, energy & utilities, and property development.
Languages
Education
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- LL.M, Ramkhamhaeng University, Thailand
- LL.B, Assumption University, Thailand
Professional Qualifications
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- Notarial Services Attorney, the Lawyer Council of Thailand
- Member, the Lawyer Council of Thailand
- Arbitrator, the THAC panel of arbitrators
Certificate
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- Certificate of the training program re: A Typical Arbitration: Written Advocacy, Singapore International Arbitration Centre (SIAC)
Publications
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- “Enforcement and Setting Aside of an Arbitral Award in Thailand” (Lexology, February 2021)
- “Anatomy of a Business Rehabilitation in Thailand: Key Considerations for Thai and Foreign Creditors” (Lexology, June 2020)
- “White-collar crime – what firms should be aware of” published in THE NATION.
- “Whistleblowing can save a company from damages” published in THE NATION.
Speaking engagements
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- Speaker on “How do family businesses relate to sustainability?” at the 5th AFBR Club seminar, organized by the Association of Family Business Entrepreneurs (AFBE) (October, 2022)
- Speaker on “Holding & Tax Management – Game Plan for Family Business” organized by the Association of Family Business Entrepreneurs (AFBE) (August, 2022)
- Speakers on “Legal Environment and Business: Evidence from the Field” at the Faculty of Business Administration, Kasetsart University (February, 2022)
- The YSIAC Bangkok Advocacy Workshop 2019.
Recent Awards and Rankings
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- Rising star lawyer in Dispute Resolution by Asialaw, 2022-2023
A selection of matters in which Kongwat has been involved include:
Commercial Disputes
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- Representing a Chinese solar panel manufacturer in successfully claiming outstanding engineering, procurement and construction service fees on three (3) solar energy projects for approximately THB 780 million (USD 22.1 million).
- Representing a leading telecommunications company in defending an arbitration case in relation to a compensation claim arising from a concession agreement for over THB 20 billion (USD 641.7 million) filed by a stated-owned company.
- Representing a consortium, consisting of well-known Thai and foreign companies, in challenging the unlawful order dismissing its bidding proposal for Laem Chabang Port Phase 3 Project of the Port Authority of Thailand with an initial estimated value of THB 155.8 billion (USD 5 billion).
- Representing a leading passport provider company in Thailand on the e-bidding application of the third phase of Thailand’s electronic passport by the Ministry of Foreign Affairs.
- Representing a Chinese construction company in claiming outstanding fees on construction works with a value of approximately THB 300 million (USD 9.6 million).
- Representing one of the largest multinational electronics company from South Korea in claiming accounts receivable debts and in pursuing legal actions against its employee regarding corporate fraud.
- Defending a leading real-estate developer company in a land dispute case.
- Representing a leading financial technology service provider in an international arbitration case at the Singapore International Arbitration Center (SIAC) to claim compensation arising from the material breach of acquisition agreements in the sum of approximately SGD 33 million (USD 23.8 million).
- Representing a major Thai construction company in claiming outstanding fees on the construction works from the project owner.
- Defending a leading residential property developer company in a condominium dispute.
- Representing a joint venture company consisting of leading international engineering and construction companies from Japan and Thailand in defending the dispute arising from an EPC contract and in setting aside the arbitral award.
- Representing consumers in a class-action proceeding case against a leading financial services provider.
- Representing the authorized directors of a leading securities brokerage in defending a THB 100 million claim (USD 3.2 million) lodged by the investor.
- Representing authorized directors of a leading securities brokerage company in defending criminal allegations made by the investor.
- Defending authorized directors of a financial services provider against criminal allegations made by the Bank of Thailand.
- Advising and representing a leading securities brokerage in defending a block-trade transaction dispute.
- Advising and representing a leading securities brokerage in challenging an order of the Securities and Exchange Commission with the Appeal Commission and the Central Administrative Court.
- Advising and representing a leading Thai sugar producer in a dispute arising under the Bagasse Fired Boiler contract with a Chinese company and assisting the client in settling the claim on favorable terms through mediation.
- Advising a Hong-Kong based company, one of the largest investor-owned power businesses in Asia, in relation to the repayment of the debts in a rehabilitation case.
- Advising a Japanese company, one of the world’s leading electronics manufacturer, in a tax dispute of approximately THB 212 million (USD 6.8 million) concerning the utilization of tax incentives under the Investment Promotion Act in the Central Tax Court.
- Representing an ICD operator concerning a property tax case in the Central Tax Court.*
- Advising investors in defending criminal allegations made by the Securities and Exchange Commission.
- Advising a leading property and retail management company in relation to a rental dispute.
*Denotes experience at a previous firm.
