855 - 12 44 00 22
info@ncac.org.kh
September 03, 2014
View in PDF file

22.1    Submissions
Unless the Tribunal, in consultation with the parties, determines otherwise, the submission of statements shall proceed as set out in this Rule 22(Submissions by the parties).

22.2    Statement of Claim
Unless already submitted pursuant to Rule 7.3 (Accompanying Statement of Claim) the Claimant shall, within 30 (thirty) calendar daysafter receipt of the notification referred to in Rule 10.7 (Notification of constitution of Tribunal), submit a Statement of Claim setting out in full detail
     a-    the facts supporting the claim,
     b-    the legal grounds or arguments supporting the claim; and
     c-    the relief or remedy sought together with the amount of all
            quantifiable claims.

22.3 Statement of Defense, Counterclaim
Unless already submitted pursuant to Rule 8.3 (Accompanying Statement of Defense, jurisdiction plea) the Respondent shall, within30 (thirty) calendar daysafter receipt of the Statement of Claim, submit a Statement of Defense setting out in full detail:
     a-    which of the facts and contentions of law in the Statement
             of Claim she/he admits,
     b-    which of the facts and contentions of law in the Statement
             of Claim she/he denies and on what grounds; and
     c-    on what other facts and contentions of law she/he relies.

The Statement of Defense may also contain any counterclaim or set-off defense (provided that it falls within the jurisdiction of the Tribunal), which shall comply with the requirements of Rule 22.2(Statement of Claim).

22.4    Statement of Defense to Counterclaim
If a counterclaim is made, the Claimant shall, within a period of 30 (thirty) calendar days after receipt of the Statement of Defense, submit a Statement of Defense to the Counterclaim, which shall comply with the requirements of Rule 22.3(Statement of Defense, counterclaim).

22.5    Further submissions
The Tribunal shall decide which further submissions, if any, shall be required from the parties or may be presented by them. The Tribunal shall fix the periods of time for communicating such submissions.

22.6    Supporting documents
Submissions referred to in this Rule 22(Submissions by the parties)shall be accompanied by copies of all supporting documents which have not previously been submitted by any party.

22.7    Default, non-compliance with the Rules
If the Claimant, without showing sufficient cause, fails to submit her/his Statement of Claim within the applicable period of time, the Tribunal shall issue an order for the termination of the arbitration proceedings, if appropriate after deciding on any remaining matters that may need to be resolved.
In all other cases, if any party, without showing sufficient cause, fails or refuses to submit any required statement, to attend any hearing or meeting, or to otherwise comply with these Rules or the Tribunal’s orders, directions or awards, the Tribunal may make such inferences as it deems appropriate, proceed with the arbitration and make an award based on the submissions and evidence before it.
Visitors Number
00251834