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ค ำชี้ขำดสัญญำอื่น ๆ

39. Case No. (Red) 31 / 2562
Issues to be determined: 1. Is the Claimant entitled to claim and demand for the return of
the moneys paid to the Respondent relating to the two apartments, including any interest
thereon?
2. Which Party is to bear the arbitration fee and expenses?

After taking examination, the parties accept that the Claimant entered into two
lease agreements with the Respondent for lease of the Room Sunset 10 Type D and Room Ocean

View 2 Type E for a period of 30 years commencing from the date of the lease registration, renewal
for another 30 years period. The Claimant has fully paid the rental for Room Sunset 10 Type D of
Baht 3,900,000 to the Respondent in 4 instalments of Baht 975,000.-., and has also fully paid the
rental for Room Ocean View 2 Type E of Baht 3,500,000 in 4 instalments of Baht 875,000.- each.
The Claimant has also fully paid for other payments, for example, cost of furnishing of both rooms
to the Respondent. Pursuant to Clause 5.1 of the said Lease Agreements, the Respondent had to
register the lease with the competent authority in favour of the Claimant for a period of 30 years

within 60 days from completion date of the construction of the Project or within 60 days of final
payment being made under the lease agreements, but the Respondent failed to do so even up to
the date of submission of the Statement of Claim.

Award

The Tribunal has examined the evidence . The Tribunal finds that the Claimant’s
claims succeed in part and makes the following Awards, Orders and Declarations
A. The Respondent shall pay Baht3,900,000.00 being return of payments for
the lease agreement of Room Sunset 10 (Room 401), Type D to the Claimant.

B. The Respondent shall pay Baht 3,500,000 being return payments for the
lease agreement of Room Ocean View 2 (Room 302) Type E, to the Claimant.
C. The Respondent shall pay Baht 553,239.00 to the Claimant being return of
payments for the furniture packages of Room Sunset 10 (Room 401), Type D and Room Ocean View
2 (Room 302).
D. The Respondent shall pay Baht 45,400.00 to the Claimant being return of
payment for the lease registration fee and land application fee of the two lease agreements.
E. The Respondent shall pay interest at the rate of 15% per annum on the

amounts awarded to the Claimant pursuant to A, B, C, and D above from the date the payments
were paid to the Respondent until the amounts have been fully paid to the Claimant.
F. The Claimant and the Respondent shall equally be responsible for all the
costs and expenses of the arbitration proceedings, including the arbitrator’s fee. The fee, costs
and expenses of the arbitration shall be in accordance with the table of costs prepared by the Thai
Arbitration Institute (TAI), Office of Arbitration, Office of the Judiciary, which is attached to this Award
as an integral part hereof.