WEERAYA KIPPEN

Our Team

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Partner

Weeraya Kippen has extensive experience assisting clients with their arbitration, litigation, corporate/commercial, construction, real estate, probate, family and employment matters since 2007.

She is a licensed Thai Barrister, a licensed Notarial Services Attorney and a Fellow of the Chartered Institute of Arbitrators (FCIArb).

She earned a Bachelor of Laws degree (Hons) from Chulalongkorn University in 2005 and joined Duensing Kippen, Ltd in 2010. She also served as the Treasurer of the Chartered Institute of Arbitrators-Thailand Branch (2016-2018).

Weeraya’s clients include investors, business operators, and dispute parties from individuals, small, medium, and public listed companies based in Thailand and abroad including such names a Levi Strauss, Club Med, and AMAN.

A sample of Weeraya’s recent client matters includes:

Advising and representing a US based luxury hotel chain on its new THB 380 M (USD 12.6 M) hotel near Pattaya, Thailand
Advising and representing a well-known ultra-luxury “beach club” on setting up its club and hotel operational structure under relevant commercial and tax law
Advising and representing a large European candy manufacturer on setting up, operating its factory and re-negotiating its land lease for its factory in Chonburi, Thailand
Advising a well-known US based hotel chain on its “vacation club” contracts for its sites in Bangkok and Phuket, Thailand
Advising a THB 900 M (USD 30 M) US based manufacturer on obtaining its BOI promotion and export certifications and on all related set-up and operational issues
Advising hundreds of clients for more than a decade in the acquisition, holding, and sale of real estate in Thailand
Advising and representing a Hong Kong based global funded real estate investment on a freehold land acquisition of 33 plots from 11 sellers for THB 437 M (USD 14.5 M); title upgrade and consolidation; and lease of the site for THB 500 M (USD 16.6 M) in Sichon, Thailand
Advising and representing a developer of an “ultra-luxury” 17 villa development on Koh Samui, Thailand including advising them on a tax efficient sale structure for the development
Advising and representing corporate acquisition/seller client in a THB 200 M (USD 6.6 M) complex multi-site real estate acquisition/sale in Mae Phim, Thailand
Advising and representing a US based luxury hotel chain in the acquisition of a land site for its planned THB 380 M (USD 12.6 M) hotel near Pattaya, Thailand
Advising and representing a Hong Kong based global funded real estate investment on a freehold land acquisition of 24 plots from 5 sellers for THB 300 M (USD 10 M); title upgrade and consolidation; and lease of the site for THB 320 M (USD 10.6 M) in Tong Ching, Thailand
Advising and representing off-shore corporate client in a THB 435 M (USD 14.5 M) villa purchase/land lease on Phuket, Thailand
Advising and representing a well-known ultra-luxury “beach club” on the acquisition of a site for its combined club, hotel and villa development location in Koh Samui, Thailand
Successfully advised and represented a personal client in the acquisition, construction, and holding of a THB 60 M (USD 1.9 M) luxury villa property including adjacent facility properties using the long-term lease with mortgage security structure originally created by Duensing Kippen, Ltd
Advising a developer on the most tax efficient sale structure for a 22 high-end villa development on Phuket, Thailand
Advising a luxury villa development on tax issues, compliance and efficiency with regard to the development’s villa “rental pool”
Successfully defended 7 respondent parties of a luxury villa resort developer and services operator located in Phuket, Thailand, in arbitration proceedings under the auspices of the Chamber of Commerce of Thailand, Office of Arbitration Tribunal, against 24 separate claimant parties claiming total damages in excess of THB 2 Billion.
Successfully defended a “super-luxury” villa developer on the resort island of Phuket, Thailand in an arbitration proceeding under the auspices of the International Chamber of Commerce. The amount in controversy was an approximate THB 150 M (approximate USD 5 M). The claimant’s counsel was an international firm consistently ranked as or among the best in Asia and worldwide. The claimant’s recovery was limited to a mere (approximate) 13% of the amount claimed
Successfully represented a non-Thai/foreign client in a ground-breaking “Freehold Option” litigation case. A “Freehold Option” in a lease agreement provides for the lessee to receive freehold title to the leased property if and when such is legally available. In what is perhaps the first actual test of such provision, Duensing Kippen successfully represented its client in enforcement of this provision with the Thai court ordering the immediate transfer of the freehold title
Successfully obtained a THB 255 M (USD 8.5 M) international arbitration Award in a proceeding under the auspices of the Thai Arbitration Institute. The Tribunal’s sole arbitrator awarded the full amount claimed by our non-Thai investor client plus interest from the time the claim became ripe at 7.5%/annum. Agreeing with our legal arguments, the Tribunal found that: the arbitration agreement was valid; the client did not breach the joint-venture agreement; but that it was the Thai joint-venture partner who breached the parties’ agreement
Successfully represented a respondent/cross-claimant client in a THB 90 M (USD 3 M) international arbitration under the auspices of the Thai Arbitration Institute. Our client defeated all three of the claimant’s monetary claims and was awarded three of the client’s four monetary counterclaims plus interest thereon and the client’s attorney’s fees and arbitration costs