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34. Case No. (Red) 82 /2561

Issues to be determined : a. Which party was in breach of the Contract
b. Is the Claimant entitled to terminate the Contract and
demand for compensation and/or interest?

After taking examination, the parties accepted that On June 2011, the Parties entered
into a contract in which the Claimant agreed to purchase from the Respondent a Condominium
Unit in exchange for THB 1,890,000. This contract is defined as the “SPA” in the Statement of Claim.
The SPA provides inter alia a completion date of “December 2013” for the Condominium Unit. The
SPA also provides for a full refund of all money paid in the event that the Respondent does not
complete and deliver the unit to the Claimant for any reason within 180 days following the

th
Completion Date. The 180 day following the Completion Date was June 2014. The Claimant thus
claimed for a full refund of all money paid for the Condominium Unit was not completed and
delivered to the Claimant by that date.

Award

The Tribunal has examined the evidence. The Tribunal finds that for the first issue,
according to the position of the Respondent, the facts were not established that the arguments
made by the Respondent was substantiated. The Tribunal was convinced by the facts justified by
the Claimant that the Completion Date was of essence of the Contract. Therefore, failure to satisfy
its obligation by the Respondent shall render a material breach of contract.
For second issue, the Claimant has sufficiently substantiated the claim that the
Respondent failed to satisfy its obligation and it appears no substantial evidences of the
Respondent’s defense thereof. The Respondent was in breach of material agreement to complete

the construction and transfer the ownership to the Claimant within time stipulated in the SPA.
Therefore, the Claimant has its right to terminate the SPA. Accordingly, the Tribunal has concluded
that, the Respondent failed to make available the transfer of ownership in condominium as set forth
in the SPA within stipulated time-period. Therefore, under the light of Section 14 of the SPA, the
Claimant is entitled to terminate the SPA and the Respondent shall return the full aggregated
amounts paid by the Claimant accordingly.

Sources
Case No. (Black ) : 46/2559
Relavant Laws : the Thai Civil and Commercial Code
Arbitrator : Professor Dej-Udom krairit
Summarized by : Nataporn Thanomsub