Page 30 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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1.1 The Respondent has claimed for cost of repair of defects in the physical work done

by the Claimant in an amount of THB 2,821,153.50. The Tribunal has considered the evidence submitted

by the Respondent in support of its counterclaim and that of the Claimant in defense of the

Respondent’s counterclaim. Therefore, the tribunal has, on a legal and contractual basis and considering

that the Claimant must be held accountable for the quality of the work (or lack thereof) it has performed

until the date of termination of the Subcontract, decided that the Claimant shall reimburse to the

Respondent an amount of THB 2,821,153.50;

1.2 On the other items of costs, item of costs of hiring of other subcontractors, the

expenses of construction aids, expenses of rental of crane, electricity costs, the administration and

supervisory costs, as all these costs are for the remaining work, the Tribunal concluded that these cannot

be claimed by the Respondent against the Claimant since the Parties have substituted a termination of

the Subcontract for default in favour of a negotiated settlement that returned both Parties to their

“pre-contract condition” under Art. 391 of the Thai Civil and Commercial Code.

1.3 As well the Respondent cannot claim liquidated damages against the Claimant, for

the reasons stated in the preceding paragraph.

1.4 Consequently, after offsetting the amount awarded to the Respondent (i.e. THB

2,821,153.50) as against the amount awarded to the Claimant (i.e. THB 20,758,076.25), the Tribunal

awards an amount of THB 17,936,922.75 to be paid to the Claimant by the Respondent

1.5 The amount of the Final Award shall be paid by the Respondent to the Claimant

within 30 days of the date of issuance of this Final Award, failing which interest at the rate of 7.5%