Dr. Sathaporn, an EEC board member, highlighted that for the 3-airport high-speed rail project, either the government or the private sector must be the party to terminate the contract and accept responsibility for damages. Meanwhile, Surachet advised the government to stop amending contracts that favor private companies, fearing unnecessary financial losses.
7 Jul 2026 GMT+7 Associate Professor Dr. Sathaporn Opasarnnon, an expert member of the Eastern Economic Corridor (EEC) Policy Committee, revealed the direction and solutions for the long-delayed concession contract issue of the 3-airport high-speed rail project, which has been nearly three years behind schedule, focusing on legal points and contract termination conditions, stating that the situation where the private sector cannot secure loans for investment likely does not qualify as "force majeure." Although the term has been discussed from various perspectives in meetings or considered as a compromise path to continue the project, personally he assesses it is difficult to invoke because the conditions might not be met.
Associate Professor Dr. Sathaporn also said that since force majeure cannot be used to terminate the contract without liability and the contract is still valid, the unavoidable solution is for either the government or the private sector to be the party to terminate the contract. If it reaches this point, a thorough review of details is necessary to determine the damages or costs each party must bear if the government or private sector terminates the contract.
Regarding the next steps, the State Railway of Thailand (SRT), as the direct contracting party, must negotiate and resolve issues with the private sector to reach a conclusion before forwarding the matter to the EEC board for consideration, and it is expected to be presented to the Cabinet for policy-level decisions. The EEC board will not consider this matter until the three-party negotiations (SRT, private sector, EEC Office) reach a clear conclusion.
At the same time, Associate Professor Dr. Sathaporn emphasized an important point that at every step, the government must primarily protect state interests and be careful with conditions to avoid public perception that contract amendments fully benefit the private sector. However, if the project truly cannot continue, policy-level decisions must be clear and decisive because prolonged delays cause the country to lose opportunities. Ultimately, all parties must find a way to resolve the issue with minimal damage so this national-level project can proceed.
On the other hand, Surachet Praweenwongwut, a party-list MP of the People's Party (PChon) and chairman of the subcommittee studying transportation infrastructure projects, proposed the government reconsider the 3-airport high-speed rail project and opposed PPP contract amendments favoring the private sector, viewing them as potentially unfair and setting inappropriate precedents. Following a joint meeting on 29 Jun 2026 between SRT, the Eastern Economic Corridor Office (EEC Office), and Asia Erawan Company Limited, it was preliminarily agreed that if the government does not approve contract amendments, the private sector may be unable to continue the project.
If the private sector cannot proceed without contract changes, it reflects that the project is not economically viable, and changing terms after signing may affect fair competition because a different bidder might have won under the new conditions. “If contract termination is necessary, it should be done before construction starts to minimize state losses. I propose three options: re-tendering, splitting contracts, or reviewing the entire project design. I believe developing a meter-gauge double-track railway network capable of speeds up to 160 km/h is less expensive and better meets the EEC economy’s needs.”
Surachet also emphasized opposition to citing COVID-19 or force majeure to amend contracts, as all projects were similarly affected. He suggested the private sector may have miscalculated investments and warned that if the government agrees to contract amendments, it might set a precedent for other private companies to use as excuses in the future.