David Beckstead

Consultant
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T: +66 2056 5591
F: +66 2056 5678

Practices

Office

Languages

English, Japanese, French

Education

LLM, McGill University

BCL/LLB, McGill University

LLB, Kobe University

David Beckstead is a consultant in Tilleke & Gibbins’ corporate and commercial department, and is actively involved in the firm's energy & infrastructure practice group. David’s practice is focused on representing both lenders and borrowers in cross-border lending in the oil and gas, mining, renewable energy, telecommunications, and manufacturing sectors. David has also advised on numerous complex commercial transactions such as cross-border M&As, loan portfolio acquisitions, and joint ventures.

Through his professional experience in multiple Asian jurisdictions, David is experienced at negotiating and structuring transactions to best protect his clients’ interests. He actively promotes investment and trade in Thailand, including through his role as a director of the Thai-Canadian Chamber of Commerce (CANCHAM). David is also a member of the Association of International Petroleum Negotiators (AIPN).

David obtained a law degree at Kobe University in Japan. He completed a joint common law and civil law degree at McGill University in Canada, where he also received his master’s degree. Having studied law and lived in Japan for more than five years, David is able to write and speak fluently in Japanese. He is also fluent in French. David is a licensed attorney in the Commonwealth of Massachusetts.

  • Advised a Chinese engineering, procurement and construction (EPC) contractor constructing ground-mounted solar project 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.

  • Assisted a foreign majority engineering and construction consortium member on secured financing and licensing matters in connection with an EPC agreement to develop a wind farm in northern Thailand.

  • Advised a German solar developer and EPC contractor on investment considerations in Thailand and Vietnam.

  • Advised a Chinese EPC contractor on an offshore security package for construction financing of a solar project in Myanmar, and negotiated with the project owner on the terms of the security package on the client's behalf.

  • Advised a foreign biomass power company on sourcing of raw materials and preparation of fuel supply contract for wood pellet manufacturing.

  • Advised 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.

  • Advised a foreign export-import bank on regulatory considerations for the financing of a solar panel manufacturing facility. Conducted due diligence on borrower, and advised on regulatory considerations and overall transaction structure.

  • Assisted a foreign purchaser in an asset transfer deal involving the assignment and novation of contract for EPC work on a conveyor system at a lignite mine.

  • Provided advice to a coal mining company on the content and form of a pre-mining agreement required to be concluded with governmental authorities prior to issuance of a mining license. Working closely with local counsel, the content of the pre-mining agreement was negotiated and agreed upon with the relevant government authority.

  • Advised an Australian coal mining company in joint-venture negotiations with a state-owned enterprise, in addition to drafting and negotiating the terms of a sovereign guarantee to ensure regulatory compliance. The principal terms of negotiations included minimum outputs, production schedule, powers of the decision-making authority for the joint venture, and related ancillary terms.

  • 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 one of the world’s largest copper and gold deposits.

  • Advised a major international commercial bank on the extension of a dual tranche secured oil import and working capital refinancing facility valued at USD 28 million. Devised a security package which included both movable and immovable pledges, warehouse receipts, and security assignments, to optimize protection of the client’s investment.

  • Advised a potential buyer on proposed acquisition of a minority non-operating interest in an offshore petroleum concession. Conducted due diligence on operating agreement, petroleum concession, gas and condensate sale and purchase agreements, and other related project documents.

  • Advised 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.

  • Advised a major oilfield services provider on transfer of radiation source and explosive licenses in connection with a proposed merger.

  • Assisted a midstream petroleum technology and infrastructure provider on lease agreements and regulatory matters.

  • Assisted in the acquisition 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.

  • Advised 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.

  • Assisting a Taiwanese bank on drafting of corporate guarantees to secure a revolving credit facility of the guarantor’s subsidiary.

  • Advised a syndicate of international commercial lenders in extension and subsequent re-financing of a USD 200 million unsecured revolving credit facility.

  • Advised an international commodity trading firm in the sale of its USD 21 million loan portfolio to local buyers and distributors. Worked closely with the client’s project counsel to structure a sale and purchase agreement, an umbrella transfer agreement, and other transfer documents.

  • Advised a multinational engineering logistics systems supplier in consortium formation and public-private partnership (PPP) terms for a contract related to expansion of Suvarnabhumi Airport.

  • Advised a lender of a PPP project in Bangladesh on an offshore security package and other relevant transaction considerations, including reviewing security assignments, shareholder support agreement, and corporate guarantee.

  • Assisted a Japanese engineering firm on regulatory considerations for the implementation of EPC works on a water treatment facility.

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Datesort icon Title
December 12, 2017

Tilleke & Gibbins Earns Top Rankings in Chambers Asia-Pacific 2018 in Thailand

Tilleke & Gibbins has been recognized with Band 1 rankings for its Intellectual Property, Insurance, and Technology, Media, and Telecommunications (TMT) practices in Thailand in the 2018 edition...

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November 30, 2017

Legal 500 2018: Tilleke & Gibbins Ranked in Tier 1 in IP, Labor and Employment, Tax, and TMT in Thailand

Tilleke & Gibbins’ Bangkok office has been ranked in “Tier 1” for Intellectual Property, Labor and Employment, Tax, and Technology, Media, and Telecommunications in the 2018 edition of The Legal...

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November 29, 2017

Tilleke & Gibbins Wins Three Asialaw Firm of the Year Awards

Tilleke & Gibbins has received high accolades for its exceptional regional practice at the inaugural Asialaw Asia-Pacific Legal Practice Awards, where it was named Southeast Asia Firm of the Year...

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November 16, 2017

David Beckstead to Speak on Successful Contract Management for Major Projects

David Beckstead

On November 23, David Beckstead, a consultant in Tilleke & Gibbins’ corporate and commercial department, will share his extensive experience with Engineering, Procurement, and Construction...

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November 15, 2017

Asialaw Profiles 2018: Tilleke & Gibbins Leads Rankings in Thailand

Regional law firm Tilleke & Gibbins has again distinguished itself as the dominant domestic law firm in Thailand in Asialaw Profiles 2018, a guide to the top domestic and regional firms in the...

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Datesort icon Title
August 31, 2017

Thailand Legal Basics

Thailand Legal Basics, a valuable primer for foreign investors, explores all aspects of living and doing business in Thailand. Written by Tilleke & Gibbins, the book begins with an overview of...

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August 4, 2017

Engineering, Procurement, and Construction: Considerations for Foreign Companies Working on Projects in Thailand

David Beckstead, Passanan Suwannoi

The pace of Thailand’s infrastructure development has continued to grow in the past few years, bringing numerous opportunities for engineering, procurement, and construction (EPC) firms based...

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June 30, 2017

Thailand: Amendments to the Petroleum Act and Petroleum Income Tax Act

David Beckstead

On June 17, 2017, the Petroleum Act (No. 7) B.E. 2560 and the Petroleum Income Tax Act (No. 7) B.E. 2560 were both enacted, amending their predecessor laws. The amendments to both statutes entered...

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May 5, 2017

Lex Mundi Guide to Doing Business in Thailand 2017

As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2017.This guide offers a broad introduction to all of the...

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April 28, 2017

Seven Things to Look for in Your Private Power Purchase Agreement

David Beckstead

As the costs of solar photovoltaic (PV) panels decrease, new business opportunities are emerging. In addition to the traditional model of independent power producers establishing large-scale power...

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