Page 39 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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14. Case No.(Red) 5/2561

The Arbitral Tribunal have determined the issues of dispute as follows:

After taking examination, the Parties signed a license, Supply, Delivery, Installation,
Customization, Acceptance, Maintenance and Professional Services Agreement, (the Services Agreement)

by which the Claimant hired the work with the full expectation of both Parties that the Respondent
would deliver to the Claimant by January 10, 2010 a fully authorized, fully functioning installation of its

Premier Software, which would allow the Claimant to carry on the business in each of its classes of
business in the most up-to-date and efficient way possible. By May 2, 2012, the Claimant terminated

the Services Agreement” the first of the software modules, namely, the M. Module had not been
completed. Meanwhile the Claimant had paid the Respondent more than 60 million baht. This contract

for the hire of work to provide software installation was terminated by the Claimant under Section 593
of the Thai Civil and Commercial Code. The Respondent has counterclaimed for the “wrongful”
termination in compensation for “damages and losses,” following “wrongful” termination of the

contract.

Award
the Tribunal is disposed to decide, in the final analysis, that the Claimant and the

Respondent should share equally the risk of the loss incurred by the Claimant making payment to the
Respondent before terminating the Services Agreement, thus the Claimant could recover one half of

the amount of Thai Baht 62,821,928.25 from the Respondent, whose Counter-Claim could only operate
as a set-off for only half of the same amount, leaving the sum of Thai Baht 31,410,964.125 with interest

of 7.5 % from the date of this Award, to be paid by the Respondent to the Claimant, each Party paying
for its own legal costs and expenses for the Arbitral Tribunal and respective Counsels.

Sources
Case No. (Black ) 107/2555

Relavant Laws : the Thai Civil and Commercial Code
Arbitrator : Professor Dr. Sompong Sucharitkul

Summarized by : Rangsima Darapong