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Peewara Sapsuwan

Associate

Associate | Email

T: 403.298.3131

Email

Calgary

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Recent Experience
Insights, News & Events

T: 403.298.3131

Email

Calgary

Download vCard

Download PDF

Education
Bar Admissions
Recent Experience
Insights, News & Events

Recent Experience
Insights, News & Events

Peewara Sapsuwan has a variety of project finance, EPC, concession agreements and energy law experience, along with a knowledge of the market in the Indo-Pacific region from working for an international law firm in Thailand. In addition to project and infrastructure development works, Peewara also has experience in drafting FinTech-related agreements.

During his time in Asia, Peewara has reviewed, drafted and negotiated key documents (e.g. power purchase agreements, concession agreements, long-term service agreements and operation and maintenance agreements, among others) relating to project financing and development involving multiple jurisdictions and currencies. Peewara has also been involved in concession agreements and power purchase agreements from several emerging markets within the Indo-Pacific region with a focus on mainland Southeast Asia.

Education

University of Alberta, BA (with disctinction), 2012 Osgoode Hall Law School, York University, JD, 2017

Bar Admissions

Ontario, 2018 Alberta, 2022

Recent Experience

Project Finance / Project Development

Energy

FinTech

Data Privacy

Lead associate in creating a list of key legal issues for a twenty-year long-term service agreement between a Thai independent power producer and a Sweden-based contractor (service provider) for a gas-fired cogeneration power plant in Thailand.

Lead associate in revising a twenty-five-year long-term service agreement between a Thai independent power producer and a Japan-based contractor for a 33MW gas-fired power plant in Thailand.

Lead associate in drafting and negotiating an engineering, procurement and construction (“EPC”) contract and a long-term service agreement for the expansion of 35 MW gas-fired cogeneration plant.

Lead associate representing a New Zealand electricity generation and electricity company in the drafting and negotiation of a development framework agreement for a solar PV power generation project in Taiwan by a Thai company. The power generation plant has a total generation capacity of 140MWp.

Lead associate representing a lender bank in registering and perfecting its personal property security interest (PPSA securitization) in the lease and mortgage of a hotel in Melbourne, Australia. Individual responsibilities include assisting the representative counsel in drafting the mortgage and lease assignment agreements and assisting the client in preparing the necessary documents.

Member of a team advising a power generation company in the drafting of a power purchase agreement and a concession agreement for a hydroelectric power plant in Laos People’s Democratic Republic, with the capacity of up to 7,000 Megawatts. Responsible for compiling the risk matrix of the power purchase agreement and the concession agreement for the client.

Lead associate advising a power generation company on the construction of an independent power producer plant in western Thailand. Responsible for compiling permits and investment benefit documents and corresponding with various governmental offices.

Member of a team advising a construction company in an investor-state dispute involving the development of an industrial estate complex in southern Burma/Myanmar. Individual responsibilities include drafting letters communicating the client’s position to the Burmese government and assisting on matters relating to investor-state arbitration.

Member of a team advising a Dutch chemical tank storage company in an investor-state dispute involving the Industrial Estate Authority of Thailand’s refusal to enter into a negotiation to extend the term of the concession pursuant to the parties’ contractual obligation. Individual responsibilities include drafting correspondences between the investor and the state authority, assisting the dispute resolution team with contractual details, and advising on matters relating to arbitral award precedents.

Member of a team representing the borrower (project company) in a power generator project financing deal. Responsible for releasing security interests from the financing collaterals, drafting the deeds of release, and preparing notices.

Member of a team advising the developer on the construction of a greenfield smart city project in a special economic zone in eastern Thailand. Responsible for advising on the project financing models, governance and administrative structures, and best practices case studies from other jurisdictions.

Lead associate in reviewing and providing comments on a hybrid (solar and biomass) cogeneration plant’s battery energy storage system supply agreement and compiling a risk matrix for a Thai power generator and a Chinese supplier.

Lead associate in reviewing and compiling issues to be renegotiated for a Long Term Service Agreement between a Thai cogeneration power generator and a German supplier for the construction of a power generation plant.

Lead associate representing a Japanese electricity generation company in drafting a shareholder loan agreement (in both English and Thai) for an amount of around USD 4.1 million to maintain the liquidity of its Thai shareholder in the operation of a cogeneration power plant facility in Thailand.

Drafting the service terms and conditions for an electric vehicle charger mobile application (in both Thai and English).

Member of a team representing a Thai oil company in the establishment of a trading service for renewable energy certificates. Responsible for drafting the master sale and purchase agreements for both the offline and the blockchain-based transaction phases.

Assisting a Thai energy company in complying with its US SEC reporting obligation for the shares held in a Canadian mining company which is listed in the United States under the Multijurisdictional Disclosure System

Member of a team advising a major Thai private power generator company on the amendment of a liquified natural gas transport agreement from Australia due to changes initiated by the International Maritime Organization to the permissible amount of sulphur emission from ships, which resulted in an increase to the bunker fuel price. Individual responsibilities include advising on compliance alternatives, drafting a deed of amendment for the transport service agreement, and working with the representative counsel's Australia office to confirm understanding on legal issues.

Member of a team representing a Thai engineering, procurement and construction company in the amendment of a power purchase agreement and a concession agreement for a combined cycle gas turbine power plant near Yangon, Burma/Myanmar. Individual responsibilities include amending the agreements to ensure that any change of law by the Burmese Government would be considered as a force majeure or an indirect expropriation of the client’s investment.

Member of a team representing a major Thai oil and gas company in its purchase of shares in an Indonesian power plant, to provide the latter with capital injection. Responsible for reviewing the right purchase agreement and standby purchase agreement.

Member of a team representing a major Thai oil and gas company in becoming licensed to trade Murban crude oil futures contracts in Abu Dhabi, the United Arab Emirates. Responsibilities include advising on the articles of association, drafting legal opinions for inquiries relating to the shareholders’ agreement, and communicating between the client in Thailand and the UAE representative.

Member of a team assisting in the decommissioning and liquidation of four Australia-incorporated oil and gas exploration companies in the Philippines. Responsibilities include reviewing joint operation agreements and service contracts to determine the rights of other joint operators and unsecured creditors and to plan the decommissioning procedure in accordance with the terms of the applicable agreements.

Lead associate in advising an international oil and gas company in the sale and import of liquified natural gas to a Thai distributor. Primary responsibilities include advising on the regulations and necessary licenses.

Member of a team in helping a Thai oil and gas company to establish a commodity trading business in the United States. Responsibilities include explaining the regulations of the United States’ Commodity Futures Trading Commission to the client, serving as the lead associate negotiating the electronic order execution and order routing agreement for commodity hedging (crude oil and natural gas) between the client and an international securities brokerage company, and helping the client file Form 40 as a reporting trader to the United States’ Commodity Futures Trading Commission.

Member of a team representing Thailand’s first ever investment and utility token exchange. Responsible for drafting the terms and conditions for token listing and delisting.

Lead associate in advising a Japanese car manufacturer in the creation of an e-payment platform. Responsible for revising and advising the client on the amendments to be made to the memorandum of understanding, local service agreement, and statement of work.

Lead associate in advising a group of banks on the creation of Thailand’s national digital trade platform to facilitate trade financing. Responsible for identifying the areas of the law that could present problems, such as the use of digital negotiable instruments, advising on international electronic transactions, and conducting research into best practices from other jurisdictions.

Member of a team representing Thailand’s national e-payment platform to connect with the national payment platform of Singapore. Responsible for drafting the multiparty agreement for the use of the cross-border payment system.

Advised a United States-based oil company on the safety regulations required to set up a cashless e-payment mobile application to be used within the gas station.

Advised (whilst on secondment) a Singaporean bank in Thailand on personal data privacy compliance, such as customers’ consent forms, internal data handling procedure, and cookie policy. Involved in revising documents and internal guidelines on the handling of personal data.

Advised a Thai power generation company on data mapping and data subject consent forms.