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September 02, 2014
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7.1    Notice of Arbitration
A party wishing to refer a dispute to arbitration (the “Claimant”) shall submit to
the General Secretariat a Notice of Arbitration which shall contain:

a-   a statement that she/he refers the dispute to arbitration;
b-   the names, addresses, telephone number(s), facsimile number(s) and
      electronic mail address(es), if known, of the parties to the arbitration and
      their representatives, if any;
c-   the nationalities or as applicable the corporate identities, if known, of the
      parties;
d-   a reference to the arbitration clause or the separate arbitration agreement
      that is invoked and a copy of it;
e-   a reference to the contract or other relationship out of or in connection
      with which the dispute arises and, when possible, a copy of it;
f-    a brief statement describing the nature and circumstances of the dispute,
       the relief or remedy sought and, when possible, an initial quantification of
       the claim that the Claimant intends to submit;
g-   the agreed number of arbitrators or, in the absence of such agreement, a
      proposed number of arbitrators, which shall be either 1 (one) or 3 (three);
      and
h-   further statements or proposals, if any, with respect to the conduct of
      arbitration, including as to the applicable laws, the language of the
      arbitration proceedings and the agreed or desired qualifications and
      nationalities of the arbitrators.

Regardless of the language used in the arbitration proceedings pursuant to Rule 18.1 (Language of the arbitration proceedings), the Notice of Arbitration shallbe made in thelanguage of arbitration with translation into Khmer or English.
The Notice of Arbitration shall be accompanied by payment, by cheque or transfer to the designated bank account of NCAC, of the case registration fee.

7.2    Inclusion of appointment of arbitrator

The Notice of Arbitration may also include:

a-    in case of a three-member Tribunal or other multiple-member Tribunal,
       the appointment of an arbitrator in accordance with Rule 10 (Appointment
       of arbitrators) and Rule 11 (Persons that may be appointed as arbitrators);
b-    in case of a one-member Tribunal, the joint appointment (if already agreed
       by the parties) or otherwise the Claimant’s proposal of an arbitrator in
       accordance with Rule 10 (Appointment of arbitrators) and Rule 11
      (Persons that may be appointed as arbitrators); or
c-    a statement that the Claimant leaves the appointment of an arbitrator to
       NCAC.

7.3    Accompanying Statement of Claim

The Notice of Arbitration may be accompanied by the Statement of Claim referred to in Rule 22.2 (Statement of Claim)and supporting documents.

7.4    Incompleteness of Notice of Arbitration

If a Notice of Arbitration is not complete, the General Secretariat may request the Claimant to remedy the defect within an appropriate period of time to be specified by the General Secretariat. For the avoidance of doubt, the Notice of Arbitration is deemed to be complete when all the requirements of Rule 7.1(Notice of Arbitration)above are fulfilled, including payment of the registration fee.

If the Claimant complies with the above request within the applicable or specified period of time, the Notice of Arbitration shall be deemed to have been submitted on the date when the initial version was received by the General Secretariat.

7.5    Failure to submit complete Notice of Arbitration

If the Claimant fails to timely submit the complete Notice of Arbitration, the General Secretariat shall close the file without prejudice to the right of the Claimant to submit the same claim at a later date in another Notice of Arbitration.

7.6    Notification of receipt of Notice of Arbitration

The General Secretariatshall notify the parties when it has received the complete Notice of Arbitration.

7.7    Commencement of Arbitration Proceeding

Unless otherwise agreed by the parties, the arbitration proceedings in respect of a particular dispute commence on the date on which the General Secretariat’s notification of the complete Notice of Arbitration for that dispute to be referred to arbitration is received by a respondent (the “Respondent”).
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