Dr. Vanina Sucharitkul is a Partner at Rajah & Tann Singapore LLP.
Atop being a specialist in international arbitration, Vanina regularly advises clients on a diverse range of cross-border disputes involving commercial contracts, corporate investigations and anti-corruption, joint ventures, insurance and reinsurance, oil and gas, construction and infrastructure, and investment treaty arbitration. Vanina has acted as counsel and advocate in proceedings spanning multiple jurisdictions under the auspices of institutions including the International Chamber of Commerce (ICC), the Hong Kong International Arbitration Center (HKIAC), the Singapore International Arbitration Center (SIAC), the American Arbitration Association (AAA) and the Thailand Arbitration Institute (TAI). She also sits as arbitrator in cases under the Rules of the Shenzhen Court of International Arbitration (SCIA), the Asian International Arbitration Centre (AIAC), ICC, SIAC, HKIAC, and TAI.
Admitted to the California Bar and practiced at international law firms in San Francisco, Bangkok, Paris and Hong Kong, Vanina’s expertise transcends borders and ensures that she is well placed to advise on matters arising within and beyond Thailand. Vanina is also effectively trilingual (fluent in English, Thai, and French).
Vanina served for 9 years as a Court Member of the ICC International Court of Arbitration, as Board Member of ArbitralWomen for 2 terms and is the co-founder of Young Thailand Arbitration Center (YTHAC) and currently the Chair of the Chartered Institute of Arbitrator (CIArb) Thailand Branch.
In 2022, Vanina obtained her Doctorat en Droit (Doctor of Philosophy) in International Law with highest honor distinction from Université Panthéon-Assas on the topic of The Backlash against Investment Arbitration and Investor-State Dispute Settlement Reform (La mise en question de l’arbitrage d’investissement et la réforme du règlement des différends entre investisseurs et Etats). Vanina returned to Asia at the fall of 2022.
EXPERIENCE
As Arbitrator:
- Co-arbitrator in an expedited arbitration in a dispute relating to petroleum work between a Thai and Chinese party under the ICC Arbitration Rules, seated in Bangkok, governed by Thai law.
- Co-arbitrator in a sale purchase agreement of COVID relief supplies brought under the SCIA, seated in China, under Thai law.
- Sole arbitrator in a matter involving loan agreements under the SIAC Rules between a Singapore and British Virgin Island party, seated in Singapore under English law.
- Sole arbitrator in a construction arbitration of a train station involving claims of fraud under the AIAC Arbitration Rules seated in Kuala Lumpur, Malaysia.
- Party-appointed arbitrator in three arbitration cases involving the sale purchase of condominiums in Phuket brought under the Thailand Arbitration Institute (TAI) Rules seated in Bangkok.
As Counsel:
- Acted for an Austrian truck and heavy vehicle manufacturer in corruption investigations and successful ICC arbitration in Geneva arising out of a sale purchase agreement to sell fire trucks, boats, and disaster mitigation equipment to a Thai Government agency, as well as successful enforcement of the arbitration award in the Thai Court.
- Acted for a major oil field service company in an SIAC arbitration seated in Singapore, against a Southeast Asian State arising out of an agreement to acquire seismic data.
- Acted for a Thai satellite operator in the UNCITRAL ad hoc proceedings (HKIAC as appointing authority) seated in Hong Kong under Hong Kong law, in a dispute against a Hong Kong satellite operator arising out of a satellite cooperation agreement.
- Acted for a group of Asia Pacific hotel operators in an SIAC arbitration seated in Singapore against the Thai hotel owner arising out of the hotel management and development services agreements and related mediation at the Singapore Mediation Centre.
- Acted for the world’s largest aircraft landing gear manufacturer in potential SIAC arbitration proceedings arising out of an agreement to perform repair, maintenance and overhaul services of major aircrafts.
- Acted for a leading Asian telecommunications group in an ICSID arbitration against a State in a dispute over tax assessment on its investment.
- Acted for a German construction company in an ICC arbitration seated in Singapore under Thai law arising out of the lease of a construction equipment to build a motorway in Munich.
- Acted for an American contractor in a USD400 million TAI arbitration against a Thai public agency concerning the design and construction of a nuclear facility.
- Acted for a Thai conglomerate in an ad hoc arbitration under UNCITRAL Rules seated in Bangkok arising out of a franchise agreement dispute against a Swiss company.
- Acted for a leading Eastern European oil and gas corporation in ICC arbitration seated in Paris against an Eastern European State concerning costs associated with environmental clean-up and remediation projects.
- Acted for a French electricity company in a potential gas price review arbitration with an Algerian public enterprise under the ICC Arbitration Rules.
- Acted for a Thai petroleum exploration and production company on concessionaires decommissioning security under Thai law.
- Acted for a French cement company in ICC arbitration seated in Istanbul arising out of a sale purchase agreement and in subsequent enforcement proceedings in various Eastern European countries.
- Acted for a European investment company in HKIAC proceedings seated in Hong Kong under Hong Kong law against a Chinese joint venture partner and mediation in relation to monetization of television format.
- Acted for a world leading gold mining company in potential administrative and bilateral investment treaty (BIT) claims against an African State in a dispute concerning mining rights.
- Acted for a Japanese construction company in a successful TAI arbitration arising out of water treatment systems construction in Thailand and subsequent enforcement proceedings.
- Acted for a leading Japanese insurance company in six ad hoc arbitrations against its Thai reinsurers in a dispute arising from the 2011 Thai floods.
- Acted for a leading political risk insurer in compensation claims resulting from expropriation of investment in Colombia in arbitration under the auspices of AAA.
- Acted for a leading American insurance company in New York State Attorney investigation on contingency payment.
AWARD/MEMBERSHIPS/ DIRECTORSHIPS
- Chair, Chartered Institute of Arbitrators (Thailand Branch)
- Co-President, Young Thailand Arbitration Center
- Arbitrator Committee, Thailand Arbitrator Center
- ICC Commission on Arbitration & ADR
- ICC Court Member (2012-2021)
- Board Member, ArbitralWomen Board (2017 – 2022)
- Fellow, Chartered Institute of Arbitrators
PUBLICATIONS
- “The Ban of Double Hatting in Investment Arbitration: a Double-Edge Sword”, The NLS Business Law Review, Vol. 7(2), 2021
- “From Arbitration to the Investment Court System (ICS): Comparing CETA, EVFTA, and TTIP”, in J. Chaisse, L. Choukroune, and S. Jusoh (eds.), New Handbook of International Investment Law, Springer, 2020
- Interview on “An Overview of Emerging Arbitration Jurisdictions”, Embracing Innovation, AIAC Newsletter no. 2, August 2020
- “ICSID and UNCITRAL Draft Code of Conduct: Potential Ban on Multiple Roles Could Negatively Impact Gender and Regional Diversity, as well as Generational Renewal”, Kluwer Arbitration Blog, 20 June 2020
- “Backlash in Investment Arbitration”, Investment Law and Arbitration Wiki, Jus Mundi, January 2020
- “Thawing the Restrictions in International Arbitration in Thailand”, Kluwer Arbitration Blog, 17 December 2019
- “LexisPSL Arbitration in Thailand Guide”, LexisNexis, October 2019
- “Thailand’s Top Administrative Court Reinstates Rail Award”, Global Arbitration Review, 10 July 2019
- “The Investment Court System: A False Good Idea?”, Journal of the Office of the Court of Justice, vol. 2, 2018
- “The Thai Cabinet: Towards Becoming Arbitration Friendlier for Investors?”, Asia Pacific Reporter, Singapore Academy of Law, 2018
- “From Walter Bau to Hopewell: Pathways to Bangkok Don Muang Airport”, Asia Pacific Reporter, Singapore Academy of Law, 2015