Page 93 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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36. Case No.(Red) 18/2561

Issues to be determined :

1. Is the Claimant entitled to claim for any rent, damages and interests from the

Respondent, and if so, how much?
2. Which party is to bear the fee, costs and expenses of the arbitration?

The Claimant and the Respondent had entered into a lease agreement of the villa in
dispute with B. Ltd with a view to subleasing the said property. With such purpose in mind, the Claimant

had then entered into a Rental Pool Agreement (RPA), which is the subject matter of this dispute, for
period 3 years and 3 months from the date of handover of the villa. The Respondent had paid the

agreed payment of Baht 366,231 to the Claimant, and since then no further payment has been made.
The Rent for the second and third years of the RPA had not been paid to the Claimant.

Award

(1) The Respondent shall pay to the Claimant the sum of Baht 336,231 being the Rent due
for the period from July 2010 to June 2011, and another sum of Baht 366,231 being the Rent due for
the period from June 2011 to June 2012.

(2) The Respondent shall within 60 days upon receipt of this Award pay to the Claimant

the amount of the Rents due for the period from 1 July 2012 to the date of filing the Statement of
Claim in this dispute (i.e. 30 December 2015), the total period of which is three years and six months,
the Rents of which can be quantified at Bath 1,281,748.50

(3) The Respondent shall pay interest at the rate of 7.5% per annum on the first sum of
Baht 336,231 from 30 June 2011, and on the second sum of Baht 366,231 from 30 June 2012, until the

payments are fully made.
(4) The Respondent shall pay interest at the rate of 7.5% per annum on the aggregate sum

of Bath 1,281,748.50 from the date next to the lapse of 60 days upon the Respondent’s receipt of this
Award until the payment is fully made to the Claimant.

(5) The Respondent shall solely bear and be responsible for all the fees, costs and expense
of this arbitration, in accordance with the amounts and details of description as prepared by the TAI
which is annexed to this Award and which forms an integral part thereto.