Notification of settlement agreement between DPC and DTAC
02 June 2008
-Translation-
AIS-CP 078/2008
May 30, 2008
Subject: Notification of settlement agreement between DPC and DTAC
To: President
The Stock Exchange of Thailand
Advanced Info Service Public Company Limited ("the Company") would like to
notify the settlement agreement between Digital Phone Co., Ltd., ("DPC"),
which 98.55% of its shares are held by the Company, and Total Access
Communication Public Company Limited ("DTAC"). Reference is made to the three
Arbitral cases in which DTAC filed against DPC for the assignment of the
rights to operate the PCN 1800, the facilities and equipment, the roaming fee
according to the Agreement to Unwind the Service Provider Agreement
("Unwind Agreement") as details below;
a) Black Case No. 36/2546 with the total claimed amount of
US$ 16,939,179 due in 2002;
b) Black Case No. 62/2546 with the total claimed amount of
US$ 18,939,179 due in 2003; and
c) Black Case No. 55/2549 with the total claimed amount of
US$ 40,631,100 due in 2004 and US$ 46,745,414 due in 2005.
On March 25, 2008, the Arbitral tribunal awarded in the Black Case No. 55/2549
and 62/2546 (the"Awards") that DPC paid DTAC for the amount of
US$ 14,838,720.80 and US$ 69,901,211.20 plus interest at the rate of 9.50%
per annum thereof. (Please refer to the Company's release reference no.
AIS-CP 043/2008 submitted to the SET on April 2, 2008 and AIS-CP 047/2008
submitted on April 10, 2008).The Black Case No. 36/2546 is under the
consideration of another tribunal, which DPC disagrees with the Arbitral
ruling and has a negotiation with DTAC. Subsequently to the negotiation, DPC
and DTAC have agreed to settle and surrender all existing and future claims,
disputes and obligations arising out of the Unwind Agreement. On May 30, 2008,
DPC agrees to pay DTAC for the amount of Baht 3,000 million.
In exchange for the said payment, both DPC and DTAC agree to terminate the
Unwind Agreement,release each other from any remaining obligation and waive
all their respect rights under the Unwind Agreement as well as releasing the
other party from any obligation under the Awards. In addition, DTAC also
agrees to withdraw the Black Case No.36/2546.
DPC has booked the total DTAC claim of Baht 4,739 million under the concession
right payable in its financial statement as of December 31, 2007. AIS will
incur other income of Baht 1,739 million in its consolidated profit and loss
statement.
Please be informed accordingly.
Yours sincerely,
-Signed-
Mr. Vikrom Sriprataks
Director
Advanced Info Service Plc.