Royal University of Law and Economics English Language Based Bachelor of Law

Subject: Alternative Dispute Resolution 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 Khmer language. 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 both parties. 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 31st May 2011