Heated Fights!! AIS clashes with TOT on cases.

Heated Fights!! AIS clashes with TOT on cases.

It is considered that both AIS and TOT have been preparing well in drafting a dispute resolution clause by arbitration in the contract as it would take years for these cases to settle by the court proceeding. TOT Public Company Limited or TOT has lost 2 arbitration cases in a row after having disputes with Advanced Info Services Public Company Limited or known as AIS or ADVANC.

The first case was on May 1, 2019; the arbitrator has issued an award ordering TOT to pay for the shared revenue from the international telephone services during November 2008 – September 2012 to ADVANC at the amount of over 1,300 million baht together with interests and pay shared revenue of the services from October 2012 onwards until the termination of the license. Even though TOT has filed a petition in Administrative Court to revoke the arbitration award, the Central Administrative Court has dismissed TOT petition, forcing TOT to pay shared revenue from the international telephone services to ADVANC (although TOT has the right in appealing the judgment again within 30 days).

The wind has not yet calmed, but new storms continue to batter the two giant companies.

The second case is the dispute that the mitigation of users in 900 MHz system to 3G system on the 2100-MHz wave that TOT demanded damages from ADVANC at the amount of 32,813 million Baht with interests. Later, the arbitrator issued an award with unanimous votes to dismiss a Request for Arbitration from TOT. However, TOT has submitted the petition to the Central Administrative Court to revoke the arbitration award. At the moment, the said case is still under consideration of the Central Administrative Court.

The third case is the dispute regarding prepaid and roaming services. With a majority vote, the arbitrator has order ADVANC to pay the remuneration of 31,076 million baht with interests to TOT. Nonetheless, ADVANC has applied to the Central Administrative Court to revoke the award.

The fourth case is a dispute in which TOT requested that ADVANC pay the additional income share from the rental fees for the media connection system from January 2011 to September 2012 for 19.54 million baht, and from October 2012 to September 2015 in the amount of 1,121 million baht with interest. TOT believed the company was required to request rental fees for the media connection system for the amount specified by TOT, which is supposedly higher than the actual charge from the lessees. At this point, the dispute is still in the process of arbitration.

The fifth case is the dispute that TOT has requested that ADVANC pay the additional income share from the roaming services since the company has given discounts of service fees without getting approval from TOT from July 2013 until September 2015 of 16,252 million Baht with interests. This dispute is now during the arbitration proceeding.

It seems as if it will be difficult for both telecommunications giants to ease the storm while remaining in the public eye. Regardless of if the hurricane subsides or how many more waves arrive, we are cheering for them and will keep you informed on the situation. Other news can also be found at www.thac.or.th.

Source : a column in Ratchada news: ADVANC won the second round