Page 120 - 56-1 One Report 2022 EN

Part 1 Business Operation and Operating Performance

Telecommunications Commission. Moreover, the Company has fully complied with the terms and conditions of the
Operating Agreement and has not proceeded with any operations against or violating the Operating Agreement.
Therefore, the Company had a different opinion from the Ministry on THAICOM 7 and THAICOM 8 satellites.
Accordingly, the Meeting resolved that the Company shall submit to an arbitrator the dispute, resulting from the
terms of and compliance with the Operating Agreement and that the parties thereto have not been able to resolve
.
it, for further settlement This was in accordance with Clause 45.1 of the Operating Agreement and the Company
submitted the dispute to the Thai Arbitration Institute (TAI) on 25 October 2017, as appeared in the Black case no.
97/2560.

On 29 September 2022, the arbitration tribunal gave the award in favour of the Company indicating that THAICOM
7 and THAICOM 8 satellites were not satellites under the Operating Agreement.

5. Legal dispute between Thaicom and the Ministry of Digital Economy and Society regarding THAICOM 5 satellite
(
On 6 November 2020, the Company received a notice to arbitration at the Thailand Arbitration Centre “ THAC”)
regarding THAICOM 5 satellite from the Ministry seeking for (1 the replacement satellite of THAICOM 5 or the
)
compensation at the value of Baht 7.79 billion plus interest of 7.5% per year from 30 October 2020 until full payment,
%
)
(2 a fine of Baht 4.98 million (for a period from 25 February 2020 to 30 October 2020 plus interest of 7.5 per
)
year and (3) a fine from 1 November 2020 until delivery of replacement satellite or full payment of compensation.
The Company opined that it has already fulfilled the obligations under the Operating Agreement and disagreed with
the claim from the Ministry. Therefore, the legal representative of the case was duly appointed to defend the case.
The Company viewed that the Ministry’s submission of the dispute to THAC did not comply with the terms and
conditions of the Operating Agreement which allowed the parties to resolve their dispute at the Thai Arbitration
(
Institute “ TAI”) under the Court of Justice, where the THAICOM 7 and THAICOM 8 dispute went to. Hence, the
Company has submitted the dispute to TAI.
As each party held a different opinion on the jurisdiction matter, each party filed a motion to the Central
Administrative Court requesting the court to specify the arbitration institute with the authority to accept and consider
the case and also issue a temporary injunction(s) to suspend the proceedings at THAC and TAI.
Presently, the arbitration procedures regarding THAICOM 5 dispute are temporarily suspended while waiting for
the court’s decision.

6. Legal dispute between Thaicom and Nxtdigital Limited

The Company had an outstanding balance from a customer in the amount of USD 15.4 million. After the customer
was in default, the Company filed a claim against this receivable by submitting the dispute to the Singapore
International Arbitration Centre according to the provision of the agreement between the parties. The said customer
has submitted a statement of defense and a counterclaim. Subsequently, both parties have negotiated and entered
into a settlement agreement. The customer has paid off the debt on December 2022 and the case, thus, ended.

7. Legal dispute between Thaicom and the National Broadcasting and Telecommunications Commission.
On 18 May 2020, the Company sued the National Broadcasting and Telecommunications Commission (“NBTC”) to
the Central Administrative Court “ CAC”) to revoke Clause 9.7 and Annex B of the Management Plan of Rights to
(
.
Use Orbital Slot B.E 2563 attached to the NBTC’s Announcement re Management Plan of Rights to Use Orbital
:
:
)
Slot B.E 2563 and Clause 40 (Transitional Chapter of the NBTC’s Announcement re Criteria and Procedure for
.
Granting the Rights to Use Orbital Slot as they affected to the Company’s rights to use the orbital slot for THAICOM
7 and THAICOM 8.

Part 1 Page 106