ข่าวแจ้งตลาดหลักทรัพย์

(Translation) No. CK-07-0000-PO-L-0052 February 15, 2007 Re: Notification of Details and Results of the Supreme Court Judgment Attn.: President of the Stock Exchange of Thailand Reference is made to the fact that the Joint Venture BBCD (Bilfinger + Berger Bauaktiengesellschaft; CH. Karnchang Public Company Limited; and Dyckerhoff & Widmann AG) submitted the Statement of Claim to the Thai Arbitration Institute, demanding the Expressway and Rapid Transit Authority of Thailand (the Respondent) to pay the increased Fixed Cost under the Contract for the Design and Construction of the Bang Na " Bang Pli " Bang Pakong Expressway Project, in the amount of Baht 6,254,979,470.84, inclusive of interest at the rate of 7.5 percent per annum on the principal of Baht 6,039,893,254; and that the Arbitral Tribunal unanimously rendered its arbitral award requiring the Expressway and Rapid Transit Authority of Thailand to make such payment to the Joint Venture BBCD in the amount of Baht 3,371,446,114, with interest at the rate of 7.5 percent per annum on the said principal calculated from November 2, 1999 until such payment is made in full, and to also make such payment in the amount of Baht 2,668,447,140, with interest at the rate of 7.5 percent per annum on the said principal calculated from January 15, 2000. Subsequently, the Arbitral Award Review Committee under the Regulations of the Office of the Prime Minister offered its opinion unanimously confirming that the said arbitral award was duly rendered under law. However, the Expressway and Rapid Transit Authority of Thailand sent a letter informing the Joint Venture BBCD that it was unable to comply with the said arbitral award. On May 1, 2002, the Joint Venture BBCD therefore filed a lawsuit requesting the Civil Court of Southern Bangkok to adjudge to enforce the arbitral award. On December 30, 2003, the Civil Court of Southern Bangkok adjudged to require the Expressway and Rapid Transit Authority of Thailand to make such payments to the Joint Venture BBCD in accordance with the arbitral award of the Thai Arbitration Institute. On January 27, 2004, the Expressway and Rapid Transit Authority of Thailand filed its appeal with the Supreme Court. On February 15, 2007, the Supreme Court has adjudged that the appeal of the Respondent (the Expressway and Rapid Transit Authority of Thailand) was found persuasive, and therefore reversed the Civil Court of Southern Bangkok's judgment enforcing the arbitral award. However, the management is currently reviewing the details of the said judgment by the Supreme Court and is of the initial view that the Supreme Court's judgment refusing to enforce the arbitral award, reasoning that the Contract for the Design and Construction in question between the Expressway and Rapid Transit Authority of Thailand and the Joint Venture BBCD has no binding effect, in no way prejudices the Joint Venture BBCD's legal right of claim for the increased costs (the increased Fixed Cost) of Baht 6,039,893,254, including interest at the rate of 7.5 percent per annum. Please be informed accordingly. Very truly yours, - Signature - (Mr. Anukool Tuntimas) Executive Vice President Human Resource and General Administration