Yuthana Sivaraks

Yuthana Sivaraks

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Yuthana is a partner and co-heads the Compliance & Investigations Practice Group in Baker McKenzie, Bangkok. He is also primarily active in the Healthcare & Life Sciences and Consumer Goods & Retail Industry Groups, with a special focus on digital commerce, direct sales and direct marketing, and experienced in corporate and commercial, information technology and telecommunications, and intellectual property laws. He is an acknowledged leader in the field of government procurement and contracts, and public-private partnership (PPP) projects. One of his most notable areas of expertise is advising on court cases that challenge decisions made by government authorities, or address disputes arising from procurements, bid rigging, administrative orders and contracts, as well as arbitration proceedings. Prior to joining Baker McKenzie, he was a judge advocate, serving in the Royal Thai Navy for more than five years, becoming well versed in government procurement and contracts, and negotiation and investigation skills. In addition to practicing law, Yuthana is an active visiting lecturer on administrative law, government contracts, information technology, intellectual property, trade competition law and arbitration for a number of Thai universities and institutions.

Practice Focus

Yuthana's tenure at the firm started with an initial assignment of three years at what was then the General Commercial Practice Group, followed by nine years practicing in Intellectual Property. He was named as the Recommended Lawyer in Technology, Media and Telecommunications by Asia Pacific Legal 500, in 2011 and 2013. Yuthana's current role is focused on servicing and further developing the Healthcare & Life Sciences and Consumer Goods & Retail Industry Groups. These industries touch on a wide range of areas of law, such as administrative law, public procurement law, consumer protection and public liability.

Within the Compliance & Investigations Practice Group, this service line includes assignments related to anti-corruption, anti-money laundering, bid-rigging, and compliance audits, as well as other miscellaneous engagements. He has also specialized in public private partnerships (PPP), and government projects ever since his period of service as Judge Advocate. As a result of this diverse experience, his areas of specialization span a broad range of both public and private sector law. For many years, Yuthana has served as the point person for handling compliance related inquiries from government agencies on behalf of clients, supporting clients through the process of government investigations, and defending clients in response to allegations of breaches made by regulatory authorities. This is a particularly niche area of practice, requiring deep understanding of the laws concerning anti-corruption, bid rigging, and public procurement, and extensive experience of dealing with public sector agencies. Yuthana is also the head of the Corporate and Fraud Investigation group, a subgroup within the Compliance & Investigations Practice Group in Bangkok, and is often approached to assist clients in response to the findings of internal or external auditors, following whistleblower complaints, or in instances where management suspect fraudulent activity, such as kickbacks between business partners. Work includes fact gathering (review of documents and interviews with management, employees, and third parties), analysis of facts and evidence, and advice on pursuing claims under criminal, civil, or employment law.

Representative Legal Matters

  • Advising on public-private partnership (PPP) projects relating to expressways, seaports, dockyards, state-owned land use, and online 2-3 digits lottery projects.
  • Advising on public-private partnership projects in the Eastern Economic Corridor, including the high-speed rail link designed to connect Don Mueang, Suvarnabhumi and U-Tapao airports, and the development of the Makkasan area.
  • Advising on procurement regulations and telecommunications issues relevant to the e-passport project, military satellite projects, aircraft, air surveillance radar, and close-in weapons systems for naval ships.
  • Advising on reimbursement of medical expenses under the laws of welfare in relation to medical expenses and the National List of Essential Medicines.
  • Advising leading healthcare clients on procurement regulations and compliance issues in connection with the expansion of distribution channels.
  • Advising a top-tier pharmaceutical company and leading business and technology consulting firm in reviewing and analyzing the anti-corruption law related to an investigation procedure, including preparing corresponding letters to defend the cases with the authorities.
  • Advising on goods on loan issues and median price of supplies under the public procurement law.
  • Supporting clients in arbitration proceedings in disputes arising from government contracts and procurements.
  • Supporting clients in court cases relating to government contracts and procurements at the Supreme Court’s Criminal Division for Persons Holding Political Positions.
  • Supporting clients in disputes arising from administrative orders and contracts at the Administrative Court.

Professional Honors

  • Recommended Lawyer in Technology, Media and Telecommunications, Asia Pacific Legal 500, 2011 and 2013

  • Certificate of Honor for Educational Contribution for the School of Information Technology, King Mongkut’s University of Technology Thonburi, 2005

Professional Associations and Memberships

  • Central Land Development Subdivision, Department of Land, Ministry of Interior – Member of the Board (2004-2008, 2012-present)
  • Bangkok Metropolis Land Development Subdivision, Ministry of Interior – Member of the Board (2008-2012)
  • Motion Picture Business Support, Ministry of Culture – Member of the Board (2006)
  • National Policy Committee, Legislative Development – Member, Subcommittee Arranging Statutory Codes for the Purpose of Public Convenience (2005-2006)
  • Legal Committee of King Prajadhipok's Institute (2002-2006)
  • The Thai Bar Under the Royal Patronage
  • The Lawyer Council of Thailand Under the Royal Patronage

Admissions

  • Thailand (1988)

Education

  • King Prajadhipok's Institute (Advanced Certificate Course in Politics and Governance in Democratic Systems for Executives) (2010)
  • Pennsylvania State University, Dickinson School of Law (LL.M. Comparative Law) (1995)
  • Tulane University (LL.M. International Law) (1994)
  • Tulane University (Introduction to American Law, Certificate) (1993)
  • Tulane University (Legal English, Certificate) (1993)
  • Judge Advocate General's School, Ministry of Defense (JAG Basic Course, Certificate) (1990)
  • Thammasat University (LL.B.) (1987)

Languages

  • English
  • Thai

Publications

Academic Activities

  • Visiting lecturer, Business, Trade Competition and Intellectual Property Laws, Graduate Program in Technopreneurship and Innovation Management (Interdisciplinary Program), Graduate School Chulalongkorn University, 2008-present
  • Visiting lecturer, Business Law for BBA International Program, Faculty of Commerce and Accountancy, Thammasat University, 1995-2001