Central Administrative Court revoke the award The arbitrator in the Hopewell case ruled that the statute of limitations would expire.

On September 18, 2023, the Central Administrative Court There was a judgment revoking the arbitral tribunal’s award ordering the Ministry of Transport and State Railway of Thailand (SRT) to pay compensation to Hopewell (Thailand) Co., Ltd. for the termination of the contract, totaling 11,888.75 million. baht, consisting of construction costs of 9,000 million baht, compensation from land use that the company has already paid of 2,850 million baht, and money for issuance of letters of guarantee of 38,749,800 baht with interest at 7.5% per year and return of letters of guarantee worth 500 million baht. Completed within 180 days since the case is final. After the Supreme Administrative Court on March 4, 2022 ordered the Administrative Court of First Instance to accept the request for a new trial.

The court reasoned that since Hopewell Company received the contract termination letter on January 30, 1998, it had the right to submit the dispute to the arbitration panel at the latest by January 30. . 46 But Hopewell Company submitted a statement of dispute on 24 November 2004, thus the period of five years had elapsed from the date of knowledge. Or should know the reasons for presenting the dispute according to Section 51 of the Act Establishing the Administrative Court, B.E. 2542, which was amended a little over 1 year and 9 months ago, the claim rights of Hopewell Company. Therefore the legal statute of limitations has expired. and where the issue of the statute of limitations for exercising the right to make a claim is a provision related to public order. in the judgment The Administrative Court can raise a decision and pass judgment in accordance with Article 92 of the Rules of the General Assembly of the Supreme Administrative Court. Concerning Administrative Case Procedure, B.E. 2000, the Arbitral Tribunal accepted the dispute submitted by the objector after the time expired for consideration. and there was an award in the dispute, number red number 64/2008, dated 30 September 2008, therefore it is a case of acceptance or enforcement of an award contrary to public order or good morals, the administrative court has the power to revoke and refuse to enforce the arbitral award in accordance with Section 40, paragraph three (2) (b) and Section 44 of the Act. The Arbitration Act of 2002 therefore ruled to revoke the arbitral award. in the Black Dispute No. 119/2004, Red Dispute No. 64/2008, all dated 30 September 2008, and revoked the arbitral award in the Black Dispute No. 44/2007, Red Dispute No. 70/2008, dated on October 15, 2008, and there was an order refusing to enforce the arbitral award in Black Dispute No. 119/2004 and Red Dispute No. 64/2008, dated September 30, 2008, and a court order to abstain from Execution of judgments of the Supreme Administrative Court Red case number A.221-223/2019 Pending the new trial, it will continue to be effective until the case is final. or until the Supreme Administrative Court orders otherwise.

For the case mentioned on 22 April 2019, the Supreme Administrative Court There was a judgment that the Ministry of Transport and SRT had to comply with the arbitration award on 8 November 2008. SRT had to return compensation to Hopewell (Thailand) Co., Ltd. from Terminated the contract for a total of 11,888.75 million baht, consisting of construction costs of 9,000 million baht, compensation from land use that the company had already paid of 2,850 million baht, and money for issuance of a letter of guarantee of 38,749,800 baht with interest at 7.5% per year and return of the letter of guarantee. Valued at 500 million baht, the process must be completed within 180 days since the case is final. After that, the Ministry of Transport and the SRT filed a request for a new trial. Because it was considered that Hopewell (Thailand) Company Limited submitted the dispute to the Arbitration Tribunal which had expired according to law and on March 4, 2019, the Supreme Administrative Court By the general meeting of judges of the Supreme Administrative Court There was an order to revive the case following the request of the Ministry of Transport and the SRT before today. The Central Administrative Court has ruled to revoke the arbitration award. As a result, the Ministry of Transport and SRT still do not have to pay compensation to Hopewell (Thailand) Co., Ltd. for the termination of the contract, totaling 11,888.75 baht. million baht. However, Hopewell (Thailand) Company Limited can still file an appeal in the case to the Supreme Administrative Court within 30 days.