The Supreme Administrative Court Rules in ADVANC’s Favor to Dismiss CAT’s ฿2.4Bn Claim
The Supreme Administrative Court gave the final verdict to dismiss CAT's 2,449 million baht claim over Digital PCN 1800 Agreement.
Advanced Info Service Public Company Limited (ADVANC) announced that the Supreme Administrative Court gave the final verdict to dismiss CAT Telecom Public Company Limited (CAT)’s claim on Digital PCN 1800 Agreement, resulting in ADVANC to have no obligation on paying CAT’s claim.
The reference is made to the dispute that CAT Telecom Public Company Limited (CAT) submitted in 2008 to the Arbitration Institute demanding Digital Phone Company Limited (DPC), a subsidiary of Advanced Info Service Public Company Limited (ADVANC) to make additional payment of revenue share under the Digital PCN (Personal Communication Network) 1800 Agreement in the amount of 2,449 million baht plus penalty at the rate of 1.25% per month.
The claim was based on the fact that DPC had delivered the revenue share after deducting excise tax in accordance with the Cabinet’s resolution. The Arbitral Tribunal and the Central Administrative Court resolved to dismiss CAT’s claim and subsequently CAT appealed to the Supreme Administrative Court.
On June 30, 2021, the Supreme Administrative Court resolved to dismiss the CAT’s claim, which aligns to the resolution of the Central Administrative Court. As a result, the legal dispute is considered final and DPC has no duty to make any additional payment nor penalty as claimed by CAT.