DFDL and King & Wood have advised Singapore-headquartered data centre developer and operator Empyrion Digital on the construction aspects of its first Thailand data centre in Bangkok.
King & Wood acted as international counsel, with Hong Kong-based counsel Tian Xu leading the team.
“We advised on the preparation and negotiation of the construction contract for Empyrion’s Thai data centre. This included advising on the overall structure of the procurement, bespoke risk allocations and benchmarking against international market practice for similar projects,” Xu told Asia Business Law Journal.
He added that there were multiple hurdles that needed to be cleared, including designing a flexible procurement structure to accommodate contingencies in offtake requirements and adhering to aggressive deadlines.
Additionally, he said it was necessary to come up “with a risk allocation structure that gives the developer maximum protection against cost increases and delays, whilst at the same time maximising developer flexibility in the design and development of the project”.
DFDL served as local counsel, with Bangkok-based Audray Souche, partner and managing director, Thailand, spearheading the team.
The firm advised on matters related to regulatory and licensing frameworks, as well as anti-bribery and anti-corruption compliance. It also provided guidance on security documents and guarantee enforceability, liquidated damages, remedies and relevance of common law concepts, and dispute resolution.
Empyrion Digital’s Bangkok data centre, known as TH1, will be located in the Bang Na district. The 20MW AI-ready facility will span more than 17,000 square metres and is expected to commence operations in the third quarter of 2027, offering a scalable solution to customers seeking support for AI applications and next-generation cloud computing in Southeast Asia.
