Arbitration Clause Draft-kiri
Transcript of Arbitration Clause Draft-kiri
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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