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15. Case No.(Red) 36/2561

Issues to be determined: Does the Claimant have the right to claim for all or any payment from
the Respondent as stipulated in its Statement of Claim

After taking examination, both parties made Interior Design Agreement. According to the

agreement, the respondent agrees to pay fee in the amount of THB 3,995,000. The Claimant completed

st
and delivered work of Phase A to Phase C and the Respondent has already paid the fees for 1

rd
nd
installment and 2 installment to the Claimant. For 3 installment: the Respondent agrees to pay for
30% of fees once the claimant submit the design development being under phase D in the amount of

th
THB 1,282,395. For 4 installment: the Respondent agrees to pay for 20% of fees once the claimant

submit the documentation being under phase E as the details shown in table 1 of interior design

consultancy agreement in the amount of THB 854,930.

The dispute of this case is the work in phase D. which is “Design Development”

not phase G. which is a construction plan. It’s interior work and it was not submission or an official

document for submission. The claimant has an evidence to prove that the work in phase D. has been

submitted to the Respondent. The respondent did not testify or did not have any evidence to prove

on this fact against the claimant.

Award

The Sole Arbitrator’s would consider rewarding that the Respondent pay the outstanding

fees in the amount of THB 1,282,395 with interest in the rate of 15% per year from the date default in