David Beckstead

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

Renewable & Alternative Energy

• Represented a syndicate of project lenders in the financing of 1.46 GW run-of-the-river hydropower project on the Mekong River in Laos. 
• Represented a foreign sponsor in all aspects of developing two 9.8 MW waste-to-energy facilities in northern Thailand.
• Representing a Thai independent power producer in its acquisition of three onshore wind projects in northern Japan with an aggregate peak capacity of 130 MW. 
• Represented a Japanese trading house in all aspects of the establishment of its rooftop solar (C&I) business in Thailand.
• Represented a Thai sponsor in negotiating the terms of an operations and maintenance (O&M) agreement for a 16 MW wind farm project in northeastern Thailand.
• Represented a foreign project owner in all aspects of its development of a combined 4.4 MW ground-mounted and floating solar project in Chonburi, Thailand.
• Represented a Thai sponsor in negotiating the terms of design-build construction agreement (FIDIC Yellow Book, 1999) with respect to the development of a 50 MW solar farm in Vietnam.
• Represented a Chinese EPC contractor on construction financing of 170 MW ground-mounted solar farm in Myanmar.
• Representing a Japanese independent power producer in its negotiations with a Thai-listed company in connection with the establishment of a Thai subsidiary to develop rooftop solar installations.
• Represented a Japanese private equity firm in joint venture negotiations with Thai partner to develop rooftop installations in Thai industrial parks. 
• Represented a Japanese trading house in all aspects of establishing a joint venture with its Thai partner for the development of rooftop solar installations in Thailand. Advised on shareholders’ agreement, template private power purchase agreement, rooftop leases, supply and construction agreement, and regulatory considerations. 
• Represented a Thai sponsor in negotiating the terms of EPC contract (FIDIC Silver Book, 2017) and O&M agreement with respect to the development of Phase 1 of a 300 MW nearshore wind farm in southern Vietnam. 
• Represented a Chinese EPC contractor constructing ground-mounted solar project in Thailand on potential liquidated damages and mitigation of losses with a construction subcontractor and negotiated with the subcontractor and project owner to minimize the client's liabilities. 
• Represented a foreign turbine supplier on secured financing and licensing matters in connection with the development of a wind farm in northern Thailand. 
• Represented a foreign biomass power producer in sourcing raw materials and preparation of fuel supply contract for wood pellet manufacturing. 
• Represented a Japanese buyer in acquisition of interest in a biomass power plant, including assisting in formulating bridge-financing structure while advising on licensing and foreign ownership restrictions to ensure post-closing compliance. 

Infrastructure & Construction Projects

• Representing the Thai sponsor on the development of a data center in Thailand, including drafting the main contractor agreement (FIDIC Red Book, 2017), generator supply agreement, project management agreement, and relevant project agreements. 
• Represented a Japanese developer in negotiating terms of project documents and joint venture agreement in connection with the construction of a waste treatment facility in Malaysia. 
• Represented foreign contractor in all aspects of bidding and contract negotiation (FIDIC Yellow Book, 2017) with the State Railway of Thailand (SRT) for development of dual-track and signalling expansion works for railroads in Thailand. Approximate project value of USD 220 million. 
• Represented foreign engineering and construction company on all aspects of its bid on Laem Chabang Phase 3 Port expansion, one of the flagship infrastructure projects in Thailand’s Eastern Economic Corridor, with an investment value of approximately USD 4.5 billion. Represented a foreign engineering and construction company in its bid on the M6 & M81 highway projects in Thailand, tendered as a public-private partnership (PPP) by the Department of Highways of Thailand.
• Represented a European textile manufacturer on the development of greenfield factory in Prachinburi, Thailand, using EPCM contract structure. 
• Represented a multi-national retailer on drafting and negotiating terms of construction contract for development of distribution centre (FIDIC Red Book, 2017). 
• Represented a multinational engineering logistics systems supplier in consortium formation and PPP terms for a contract related to expansion of Suvarnabhumi Airport. 
• Represented a foreign development bank on a PPP project in Bangladesh regarding offshore security package and other relevant transaction considerations, including reviewing security assignments, shareholder support agreement, and corporate guarantee. 
• Represented a Japanese engineering firm on regulatory considerations for the implementation of EPC works on a water treatment facility in Thailand. 

Oil & Gas

• Represented Dialog Group Berhad in its acquisition of Pan Orient Energy, holder of an onshore petroleum concession in Thailand. 
• Represented a major international oil company in connection with a dispute with the Thai Ministry of Energy in connection with decommissioning obligations. 
• Represented a Japanese gas company with respect to its joint venture with PTT Public Company Limited in connection with a gas distribution venture in Southeast Asia. 
• Represented MedcoEnergi in connection with the Thai aspects of its acquisition of Ophir Energy. 
• Represented China Development Bank and Bangkok Bank in the extension of USD 230 million in financing for refined petroleum pipeline project in northeastern Thailand. 
• Represented a major international investment bank on the extension of a dual-tranche secured oil import and working capital refinancing facility valued at USD 28 million to Mongolian borrower. Devised a security package which included both movable and immovable pledges, warehouse receipts, and security assignments to optimize protection of the client’s investment. 
• Represented a European EPC contractor on licensing and customs and import considerations and reviewed invitation to bid and general conditions of contract for an LNG receiving terminal project. 
• Represented a major oilfield services provider on transfer of radiation source and explosive licenses in connection with a proposed merger. 
• Represented the acquirer of an oilfield services provider, including conducting due diligence and advising on general compliance deficiencies of the target, as well as improving the client’s bargaining position in negotiations on purchase price and other terms of the acquisition. 

Banking & Finance

• Represented a foreign investment bank on the extension of a Sinosure-backed buyer credit facility worth USD 23 million to a local telecommunications service provider. Drafted relevant security documents, including pledge and assignment agreements, and advised on regulatory matters related to importing and exporting telecommunications equipment. 
• Represented an international investment bank on its acquisition of a loan portfolio worth approximately USD 530 million in principal lending, consisting of loans made to borrowers operating in the mining, petroleum, and manufacturing sectors. Conducted due diligence on relevant transaction documents while highlighting relevant pitfalls in loan structures. 
• Represented a Taiwanese bank on drafting corporate guarantees to secure a revolving credit facility of the guarantor’s subsidiary. 
• Represented a syndicate of international commercial lenders in extension and subsequent refinancing of a USD 200 million unsecured revolving credit facility. 
• Represented the lender of a project finance facility agreement worth approximately USD 40 million to develop a molybdenum mine. 
• Represented a syndicate of project finance lenders on a USD 4.4 billion loan to develop Oyu Tolgoi mine in Mongolia, one of the world’s largest copper and gold deposits.
• Represented an international commodity trading firm in the sale of its USD 21 million loan portfolio to local buyers and distributors. Structured the sale and purchase agreement, umbrella transfer agreement, and other transfer documents. 

Corporate M&A

• Represented a European technology service provider in drafting and negotiating a joint venture agreement with a major Thai financial institution. 
• Represented a Japanese telecommunications company in all aspects of its USD 24 million acquisition of a Thai target. 
• Represented two luxury brand retailers in negotiating joint ventures with Central Group in connection with outlets at Central Embassy, Central World, and other Central shopping facilities in Thailand. 
• Represented a European insurance broker in negotiating terms of its merger between its Thai subsidiary and a competing Thai insurance broker. Drafted and negotiated shareholders’ agreement, share sale and purchase agreement, and entire business transfer agreement. 

• Ranked Lawyer, Chambers Global, Projects & Energy (Thailand), 2024
• Recommended Lawyer, Legal 500, Projects & Energy, 2020-Present
• Rising Star, IFLR 1000, Project Development, 2023
• Rising Star, Asian Legal Business, 2023

• Association of International Energy Negotiators (AIEN), 2016-Present
  • International Energy Summit, Planning Committee, 2024
• International Bar Association, 2019-Present
  • Power Law Committee Officer, 2020-Present
  • International Construction Projects Committee
  • Oil and Gas Committee
• Chartered Institute of Arbitrators, 2021-Present
• European Chamber of Commerce of Thailand (EABC), Energy Working Group Chair, 2022-2024
• American Chamber of Commerce of Thailand, Legal Committee Member, 2018-2024
• Thai-Canadian Chamber of Commerce, Director and Vice President, 2017-2024
• Joint Foreign Chambers of Commerce of Thailand, Sustainable Development Committee, 2017-2024

Publications

• “Oil Regulation” (Thailand Chapter), Getting the Deal Through, 2019-2023
• “Gas Regulation” (Thailand Chapter), Getting the Deal Through, 2019-2023
• “Thailand’s Energy Transition,” In-House Community Magazine, September 2022
• “Thailand: Projects and Energy,” Asian-Mena Counsel, June 2019
• “Lessons from Thailand on the Importance of Devising Detailed Decommissioning Regimes,” Oil, Gas & Energy Law, Vol. 16 Issue 2, March 2018
• “Thailand’s Power Development Plan: 2018 Update Expected to Focus on Renewable Energy,” Voyageur, CanCham Thailand, April 2018
• “Engineering, Procurement and Construction: Considerations for Foreign Companies Working on Projects in Thailand,” Bangkok Post, August 2017
• “Seven Things to Look for in Your Private Power Purchase Agreement,” Bangkok Post, April 2017
• “Foreign Direct Investment Guide: A View from the Inside – Thailand Chapter,” The Global Legal Post, February 2017
• “Public-Private Partnerships: Thailand’s Plan for Infrastructure Development,” Bangkok Post, December 2016
• “Legal Overview” and “Viewpoint,” The Report: Mongolia (Oxford Business Group), 2014-2015

Presentations

• “Infrastructure Projects in Developing Countries: Challenges, Opportunities and the Role of Multilateral Agencies and their Model Contracts,” International Bar Association Annual Conference, Miami, October 2022
• “Rooftop Solar Corporate PPAs: The Importance of Bankable Project Documents to the Energy Transition,” Future Energy Asia Conference, Bangkok, July 2022
• “Update on Revisions to Thailand’s Power Development Plan,” Joint Foreign Chambers of Commerce of Thailand, Sustainable Development Committee, November 2019
• “Investment Opportunities in Thailand’s Eastern Economic Corridor,” Asian-Mena In-House Counsel Summit, April 2019
• “Thailand’s Updated Power Development Plan,” CanCham Thailand Leadership in Energy, March 2019
• “Effective Strategies and Key Issues in Drafting and Negotiation EPC Contracts,” Contract Management Summit for Major Projects, Asia Business Connect, November 2017

• Japanese (Highly Fluent)
• French (Highly Fluent)