Overview of Arbitral Proceedings in Cambodia

The National Commercial Arbitration Centre of Cambodia ("NCAC") was established in 2006 and has been in operation since 2013. NCAC adopted its first arbitration rules in 2014, which were amended in 2021 ("2021 Rules"). There are various key aspects in the 2021 Rules which  relate to the key stages of arbitral proceedings: (i) commencement of arbitration, (ii) interim stage, (iii) hearings, and (iv) issuance of award.

Commencement of Arbitration

The commencement of arbitration consists of three main steps:

1. Filing of the notice of arbitration ("Notice") by the Claimant with all supporting information or documents and payment of the registration fee with the General Secretariat of NCAC ("GSNCAC"). The arbitral proceedings commence from the day the GSNCAC receives the complete Notice.
2. Upon receipt of the complete Notice from the GSNCAC, submission by the Respondent of the notice of response containing the same basic information as the Notice (e.g. identities of parties, the agreed/proposed number of arbitrators), with a statement confirming or denying all or parts of the claims as well as a counterclaim, if there is any; and
3. Constitution of the tribunal with an odd number of arbitrators (unless agreed otherwise by the parties) following receipt by the GSNCAC of the Notice and notice of response.

Interim Stage

The interim stage includes the preliminary meeting and additional meetings to organise and schedule proceedings for solving the dispute in a timely and cost-efficient manner. Parties must also submit relevant documents including the statement of claim, defence and counterclaim, defence to counterclaim and other supporting documents.

Hearings

 

The hearing date, time and venue shall be notified to the parties at least 15 days before the hearing takes place, after the parties have agreed on the manner of conducting the arbitral proceedings (i.e. an oral hearing or proceeding on the basis of documents-only).

Issuance of Award

A final arbitral award will be issued after the hearing is concluded. However, the Tribunal may also issue an award for interim measures prior to the final award, or a consent award if a settlement has been reached.

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