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 foreign energy supplier on market entry for behind-the-meter solar and battery storage projects in selected US states.
• Advise sponsor on disposal of interests in project company holding ground-mounted solar project in New England.
• Represented a syndicate of project lenders in the financing of 1.46 GW run-of-the-river hydropower project.
• Represented a foreign sponsor in all aspects of developing two 9.8 MW waste-to-energy facilities.
• Represented an independent power producer in its acquisition of three onshore wind projects 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.
• Represented a sponsor in negotiating the terms of an operations and maintenance (O&M) agreement for a 16 MW wind farm project. 
• Represented a foreign project owner in all aspects of its development of a combined 4.4 MW ground-mounted and floating solar project.
• Represented a 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.
• Represented an EPC contractor on construction financing of 170 MW ground-mounted solar farm.
• Represented an independent power producer in its negotiations with its joint venture partner in connection with the establishment of a subsidiary to develop rooftop solar installations.
• Represented a private equity firm in joint venture negotiations with a local partner to develop rooftop installations in industrial parks.
• Represented a Japanese trading house in all aspects of establishing a joint venture with its local partner for the development of rooftop solar installations. Advised on shareholders’ agreement, template private power purchase agreement, rooftop leases, supply and construction agreement, and regulatory considerations.
• Represented a foreign 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. 
• Represented an EPC contractor constructing ground-mounted solar projects 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 project.
• Represented a foreign biomass power producer on sourcing raw materials and preparation of fuel supply contract for wood pellet manufacturing.
• Represented a buyer in the 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

• Represented the 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 other relevant project agreements.
• Represented a developer in negotiating terms of project documents and joint venture agreement in connection with the construction of a waste treatment facility. 
• Represented foreign contractor in all aspects of bidding and contract negotiation (FIDIC Yellow Book, 2017) with a foreign government-owned railway authority for the development of dual-track and signalling expansion works. Approximate project value of USD 220 million. 
• Represented foreign engineering and construction company on all aspects of its bid on deep-sea port expansion project  with an investment value of approximately USD 4.5 billion.
• Represented a foreign engineering and construction company in its bid on highway projects, tendered as a public-private partnership (PPP) by local government agency.
• Represented a European textile manufacturer on the development of greenfield factory, using EPCM contract structure.
• Represented a multi-national retailer on drafting and negotiating terms of construction contract for development of distribution center (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 in Bangkok, Thailand.
• Represented a foreign development bank on a PPP project regarding offshore security package and other relevant transaction considerations, including reviewing security assignments, shareholder support agreement, and corporate guarantee.
• Represented an engineering firm on regulatory considerations for the implementation of EPC works on a water treatment facility in Thailand.

Oil & Gas

• Represented a foreign gas supplier on market entry in selected US states.
• Represented Dialog Group Berhad in its acquisition of Pan Orient Energy, a Canadian listed company and the previous holder of an onshore petroleum concession in Thailand.
• Represented a major international oil company in connection with a dispute with government authority in connection with decommissioning obligations.
• Represented a gas company with respect to its joint venture with national petroleum company 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.
• 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 local 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 bank on drafting of 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 foreign telecommunications company in all aspects of its USD 24 million acquisition of a local 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 an insurance broker in negotiating terms of its merger between its local subsidiary and a competing insurance broker. Drafted and negotiated shareholders’ agreement, share sale and purchase agreement, and entire business transfer agreement. 

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

• Association of International Energy Negotiators (AIEN), 2016-Present
• International Bar Association, 2018-Present
• Power Law Committee Officer, 2020-Present

Publications

• “Can behind-the-meter structures solve the impending power bottleneck caused by AI data centers?” International Bar Association, March 18, 2025
• “Distributed Energy Resources in the United States,” International Bar Association, November 6, 2024
• “Oil Regulation” (Thailand Chapter), Getting the Deal Through, 2019-2023
• “Gas Regulation” (Thailand Chapter), Getting the Deal Through, 2019-2023
• “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
• “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)