Page 33 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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e. Insurance THB 30,000.

f. The Claimant already paid the first and second payment of the Agreement in the
amount of THB 5,785,400. The value of the works actually performed by the Respondent is about THB

2,194,903 of the total work. Therefore, the Respondent shall refund the money overpaid = THB
3,590,500.

Under all rights reserved, the total amount claimed by the Claimant to the Respondent
is THB 9,015,500.

The Respondent filed the Statement of Defense and Counterclaim denies all the

allegation and claims of the Claimant and counterclaims for the total amount of THB 990,105.70,
including the unpaid amounts, reimbursement for material purchased, and loss of profit as per the

Agreement, interest at the rate of 7.5% from the day next from the date of the filing the Counterclaim,
actual legal costs and other relief as the arbitrator deems just and equitable under the circumstances.

The Claimant filed the Answer to Counterclaim dated 18 March 2016 requesting the

arbitrator to dismiss the counterclaim of the Respondent.

Award

1. The Respondent shall refund the Claimant the amount of THB 5,785,000.00 –THB

5,642,652.06 = THB 142,347.94.

2. The Claimant shall pay the Respondent the total amount of THB 499,368.24 consisting

of:
(1) THB 284,672.74 for reimbursement of the loss of profit for the works not completed
by the Respondent; and

(2) THB 214,695.50 for reimbursement of the materials purchased as Built-In Furniture
before cancellation.

3. The Respondent shall deliver the Claimant all the materials purchased as Built-In
Furniture before cancellation in as good conditions as it received from the suppliers upon receipt of the

payment of THB 214,695.50 form the Claimant as ordered in this award.