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16. Case No.(Red) 51/2561

Issues to be determined: 1. Which Party was in breach of the Construction Contract dated
8 March 2013?

2. Is the Claimant entitled to claim for any payments still outstanding
under the Contract, or any damages due to non-performance under the Contract, or any
return of the bank guarantees as well as any fees related to said bank guarantee, including

any interest ?
3. Is the Respondent entitled to claim any damages from the Claimant,

including any interest?
4. Which party is to bear the costs and fees of the arbitral proceeding.?

After taking examination, The Claimant filed its Claim on 24 February, 2016 narrating that

on 8 March 2013, the Respondent, being desirous of constructing factory, entered into a Construction
Contract with the Claimant. The Contract is divided into 3 Phases. The contract price for Phase 1

amounts of Baht 93,471,310.79. The contract price for Phase II is quantified at Baht 16,158,945.91 Baht,
and the contract price for Phase III is Baht 8,369,743.29.

On 25 December, 2015, the Claimant inspected the construction site with the contractor
of the Claimant and the representative of the Respondent. However, the Respondent denied that the
Phase II works was completed up to 90 percent as claimed by the Claimant.

Award

A. As the Claimant was not in breach of the Phase I Construction, the Respondent
shall return the bank guarantee issued by Kasikorn Bank to the Claimant.

B. The Respondent shall pay to the Claimant the bank charge of 2% per annum
on the guaranteed amount of Baht4,673,565.54, computed from the date of submission of the

Claimant’s Statement of Claim until the bank guarantee is returned to the Claimant.
C. The Respondent shall pay an amount of Baht 1,292,715.67 (being 8% of the
contract price for Phase II) to the Claimant for the unpaid balance of the Phase II Work.