Page 28 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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10. Case No.(Red) 69/2560

Issues to be determined: 1. Whether or not the Claimant is entitled to the man hours and
incentives according to the Subcontract?

2. Whether or not the termination of the Subcontract or the notice of
termination is valid?
3. In case of post termination, what are the contractual rights of both

Parties? And what is the amount each Party is entitled to?

After taking examination, the Claimant and the Respondent pursuant to the HTY Project

Sub-Subcontract entered into on February 17, 2012, under which the Claimant was to perform and

undertake for the Respondent civil, steel, structural and building works for the Factory.

The Respondent’s alleged request to the Claimant to perform additional work on various parts of the

Project; the Claimant’s alleged right to obtain payment of the HSE incentive payments for safety works

performed on an hourly rate; the alleged wrongful termination of the Subcontract and the resulting

damages allegedly sustained by the Claimant and the Respondent. The amount of the claim,

as submitted by the Claimant, is THB 50,820,311.61. The Respondent also filed a counterclaim against

the Claimant for damages and costs incurred in the amount of THB 153,658,294.98.

Award

For the amounts that the Claimant is allowed to claim against the Respondent in terms of remuneration,

costs of goods, including the equipment and materials, this Tribunal has determined that they are as

follows:

1.1 The compensation for actual work performed by the Claimant, in the amount

claimed for November 2012 in the amount of THB 7,926,110.31. But under the Certificate of Work