The Expressway Authority of Thailand (Exat) has decided to petition the Administrative Court, asking it to revoke an arbitration committee's order that it pay more than 8 billion baht in compensation to Bangkok Expressway and Metro Plc (BEM) over a toll hike dispute.
The decision was reported to the cabinet meeting Tuesday, according to Transport Minister Arkhom Termpittayapaisith.
The minister said the issue did not need cabinet approval, and it was only reported to the cabinet so progress could be assessed.
The Transport Ministry agreed with the Exat board's decision, he said, adding in the past, several organisations had petitioned the Administrative Court to revoke arbitration committee orders.
In 2003, Exat and BEM became involved in a dispute about raising toll fees on the second-stage expressway system. BEM is responsible for the section management, including collecting toll fees.
Under the contract, the fees must be raised every five years by between five and 10 baht. The increase depends on the Consumer Price Index in that year.
Exat in 2003 did not permit a toll rise after it took the view the index point level should be rounded down, with the result it failed to reach the point where the hike would be five baht. BEM insisted it should be rounded up to make the increase five baht.
On Feb 12 this year, the arbitration committee ruled Exat must pay BEM compensation of 8.16 billion baht, including an interest payment of 3.77 billion baht.
The Exat board, chaired by Gen Viwat Suchart, on May 11 authorised Exat to negotiate the compensation payment with BEM in line with the committee's order, but the decision backfired as it was opposed by the organisation's labour union, according to an Exat source.
The Transport Ministry, the source said, later ordered the board to review its decision. Last Wednesday, the board decided to take the case to the Administrative Court.