8/3/2019 Arbitration Clause Draft-kiri

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Royal University of Law and Economics Subject: Alternative Dispute Resolution

English Language Based Bachelor of Law Professor Steven Austermiller & Megan Karsh

ARBITRATION CLAUSE DRAFT

by San Kiri

I was assigned to draft an arbitration clause in a standard contract for Battambang Telephone

Company on selling mobile phone services to its Cambodian customers. The following contract,

among other articles, the Article x describes how the parties will settle their dispute, claim, or

disagreement.

AGREEMENT BETWEEN

BATTAMBANG TELEPHONE COMPANY

AND CAMBODIAN CUSTOMERS

ON SELLING MOBILE PHONE SERVICES

The Battambang Telephone Company and Cambodian Customers (hereinafter the Contracting

Parties);

Have agreed as follows:

Article x

Settlement of disputes between the Contracting Parties

1. Any dispute, claim, or disagreement between the Contracting Parties as to the interpretation or

implementation of this Agreement, shall be settled by negotiations, in good faith and recognize

mutual interest, attempt to reach a just and equitable solution satisfactory to both parties.

2. If a dispute, claim, or disagreement under paragraph 1 of this Article cannot be settle with in

sixty (60) days, it shall upon the request of either Contracting Parties submitted to the National

Arbitration Center of Cambodia, in Phnom Penh, under Commercial Arbitration Rules.

3. Such arbitral tribunal shall be constituted administered as follows: each Contracting Party shall

appoint one arbitrator, within thirty (30) days of their appointment, these two arbitrators shall

appoint third neutral arbitrator.

4. If the period specified in paragraph 3 of this Article are not observed, either Contracting Party

may invite the President of National Arbitration Center of Cambodia to make the necessary

appointments.

5. The arbitrator shall be a citizen of Cambodia. The arbitration shall be conducted in the Khmerlanguage. At the request and expense of a party, documents and testimony may be translated to and

from the English language.

6. This agreement shall be governed by and interpreted in accordance with the laws of the Kingdom

of Cambodia. Except as may be required by law, neither a party nor an arbitrator may disclose the

existence, content, or result of any arbitration hereunder without the prior written consent of bothparties.

7. The arbitrator board shall within a reasonable period of time issue an award by a majority of

votes. The award shall be in writing and shall include a statement setting forth the reasons for the

disposition of any claim. Such award shall be final and binding and any court having jurisdiction

thereof.

8. Each party shall bear its own costs and expenses of its legal representation in the arbitration

proceeding and an equal share of the arbitrators and administrative fees of arbitration.

Submitted on 31stMay 2011