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4

Award
The Respondents did not breach the Shares and Villa S&P Agreement as claimed by the

st
1 Claimant. Therefore, all reliefs sought and requested by the 1 Claimant and related sought and
st
nd
request by the 2 Claimant are dismissed. As for the Respondents’ counterclaims, the Arbitrator ordered
the dismissal of the Respondents’ counterclaims on 1) the Cost of Remedying the Defects, and 2) the
Return of the Loan, and grants in favor of the Respondents for the following:
1. The Delayed Penalty under the Building Agreement; the 2 Claimant shall pay the
nd
Respondent the Delayed Penalty at the rate of 1,000 THB per day calculated from November 2009 to
March 2010 counting as a total of 135 days having the total amount of 135,000 THB,

2. The Roller-Blind; the 2 Claimant shall pay 52,729.60 THB to the Respondents; and
nd
nd
3. The Excessive of the Utilities Costs; the 2 Claimant shall pay 56,318.04 THB to the
Respondents
4 . Interest at the rate of 7 . 5 percent per annum on the total amount that the 2
nd
Claimant shall pay to the Respondents for the amount of 244,047.64 THB calculated from 2 April 2012,
the date the Respondents submitted the counterclaims, until the respective amount is settled in full.

5. The Claimants jointly and severally pay the arbitration fees and costs and other
related costs and expenses calculated by TAI for the Respondents.
6. Each party shall bear the attorney’s costs and fees on its own cost.

Sources

Case No. (Black ) 7 /2555
Relavant Laws : the Thai Civil and Commercial .Code

Arbitrator : Professor Dej-Udom Krairit
Summarized by : Nataporn Thanomsub