855 - 12 44 00 22
September 02, 2014
View in PDF file

8.1    Notice of Response
Within 15 (fifteen) calendar days of receipt of the notification referred to in Rule 7.6(Notification of receipt of Notice of Arbitration), the Respondent shall submit to the General Secretariat a Notice of Response which shall contain:

a-    the names, addresses, telephone number(s), facsimile number(s) and
       email address(es) of the Respondent and her/hisrepresentative, if any,
       if different from those noted in the Notice of Arbitration;
b-   the nationalities or as applicable the corporate identities of the parties,
       if known and if different from those noted in the Notice of Arbitration;
c-   a brief confirmation or denial of all or part of the claims;
d-   a brief statement of the nature and circumstances of any counterclaim
       or set-off defense that the Respondent intends to submit and, when
       possible, an initial quantification of such counterclaim or set-off defense;
e-   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
f-   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 required qualifications and nationalities
      of the arbitrators, or in response to statements or proposals contained in
      the Notice of Arbitration.

Regardless of the language used in the arbitration proceedings pursuant to Rule 18.1 (Language of the arbitration proceedings), the Notice of Response shall be made in the language of arbitration with translation in Khmer or English.

8.2    Inclusion of appointment of arbitrator
The Notice of Response 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
      to by the parties) or otherwise a response to 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 Respondent leaves the appointment of an arbitrator
      to the NCAC Appointment Committee.

8.3    Accompanying Statement of Defense, jurisdiction plea
If the Notice of Arbitration was accompanied by the Statement of Claim, the Notice of Response may be accompanied by the Statement of Defense (which may also contain any counterclaim or set-off defense) referred to in Rule 22.3 (Statement of Defense, counterclaim) and supporting documents. The Notice of Response may also be accompanied by a plea as referred to in Rule 19 (Plea as to the jurisdiction of the Tribunal).

8.4    Incompleteness of Notice of Response
If the Notice of Response is incomplete, the General Secretariat may request the Respondent 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 Response is deemed to be complete when all the requirements of Rule 8.1(Notice of Response) are fulfilled, including payment of the registration fee.

8.5    Failure to submit complete Notice of Response
The constitution of the Tribunal in accordance with Chapter 3shall not be impeded by a failure of the Respondent to timely submit the complete Notice of Response. Such a failure, however, shall not preclude the Respondent from denying any claim or from advancing a counterclaim or set-off defense in the arbitration proceedings.

8.6    Notification of receipt of Notice of Response
The General Secretariat shall notify the parties when it has received the complete Notice of Response or, in the absence thereof, of the expiry date of the applicable period of time for the submission of such Notice of Response.

In case the Respondent makes any counterclaim (including set-off defense) in her/hisNotice of Response, the Respondent must also pay the case registration fee for such counterclaim, otherwise her/hiscounterclaim will not be considered in the arbitration proceedings.
Visitors Number