A- Case Registration
When a party submits a claim or counter-claim to the NCAC, the General Secretariat will register the case (and the claim or counter-claim) after the submitting party provides evidence of payment of case registration fee (the claim or counter-claim registration fees) in accordance with the NCAC Fee Schedules.
B- Arbitrator(s) Appointmentfor institutional or ad hoc arbitration In case of institutional arbitration, when the disputing party(ies) fail to appoint/agree on appointment of arbitrator(s) for an Arbitral Tribunal within the timeframe predetermined by the parties or prescribed in the NCAC Arbitration Rules in case of default, the NCAC will exercise its power through Appointment Committee to realize appointment of arbitrator(s) required for the Tribunal.
In case of ad hoc arbitration where the parties did not agree to be bound by any Institution’s Arbitration Rules or in case the parties agree that arbitrator(s) shall be appointed by the NCAC, the NCAC will exercise its power through Appointment Committee to realize appointment of arbitrator(s) required for the Tribunal.
In any case, when arbitrator(s) appointment service is required from the NCAC, the party(ies) requesting the appointment shall pay NCAC for such extra or ad hoc service in accordance with the NCAC Fee Schedules.
C- Notice of Commencement of Arbitrationand Tribunal Constitution In case the parties submit their dispute to be resolved by arbitration at the NCAC or under the Arbitration Rules of NCAC, following thecase registration and receipt of complete Notice of Arbitration, the Arbitral proceedings is deemed formally commenced. The NCAC General Secretariat will serve administrative notice to the Respondent(s) about the commencement of arbitration and advising the Respondent(s) to submit Notice of Response if the respondent(s) has not done so.
After receiving a complete Notice of Response or lapse of timeline for submission of Notice of Response, the parties are expected to notify the General Secretariat of their arbitrator(s) appointment or failure to do so within the agreed or prescribed timeframe for arbitrator(s) appointment the NCAC will exercise its power through Appointment Committee to realize appointment of arbitrator(s) required for the Tribunal. Once the required arbitrator(s) has/have been appointed the General Secretariat will notify both parties that the Tribunal has been constituted, and inform the parties the name(s) and contact details of the appointed arbitrator(s).
D- Final and Binding Decision on Challenge of Arbitrator(s)
After being appointed if any arbitrator is perceived by one or both parties as unqualified or unable to maintain independency, neutrality and impartiality in the conduct of the arbitral proceedings or/and issuing an award, the concerned arbitrator could be challenged by the party(ies). If both parties agree on removing the concerned arbitrator, or if the concerned arbitrator is willing to withdraw from the Tribunal, the situation would be simple and a substitute arbitrator will be appointed following the same or similar procedure as applicable to the first appointment. However, if one party opposes removal of the concerned arbitrator, or if the concerned arbitrator refuses to withdraw from the Tribunal, in such situation intervention from a neutral third party would be necessary. Under the NCAC Arbitration Rules, for multiple-member Tribunal, the Tribunal is given the power to make first ruling on the challenge of arbitrator. In case the Tribunal rejects the challenge, the challenging party is given an option to appeal against the Tribunal ruling to the NCAC. Upon receipt of such an appeal, the NCAC through its Appointment Committee will intervene and issue a final and binding (non-appealable) decision on the challenge of arbitrator. This could ensure that arbitrator(s) can be appointed for and begin to act on the case without undue delay.
E- Support Arbitration Tribunal and the Parties throughout the Arbitral Proceedings
After registering the case, notifying commencement of arbitration, notifying constitution of the Tribunal, and deciding any appeal concerning challenge of arbitrator, the NCAC through its General Secretariat continues to support Arbitration Tribunal and the Parties throughout the arbitral proceedings until a final and full award is issued and delivered to the parties. The General Secretariat helps with communications between the parties and the Tribunal, cases documents submission by the parties, following-up with concerned party(ies) on Tribunal procedural order, following-up on compliance with any interim measure issued the Tribunal, organizing meetings and hearing held within Cambodia,collecting required arbitration fees and security deposits, following-up with the Tribunal on the status of award drafting, scrutinizing the draft award before issuance by the Tribunal, clearing with the parties on the arbitration fees and costs, and stamping and filing the award.
F- Arbitral Award Notification and Certification
After the parties have fully settled the arbitration fees and costs, and the NCAC General Secretariat has stamped on the signed final award, the General Secretariat will notify and delivery each party an original copy of the Arbitral Award. Later on upon request of either party or a concerned court the General Secretariat can produce and serve a certified copy of the award.
G- Facilitation for Additional Award Issuance, Correction, Clarification or/and Interpretation
If within agreed or prescribed timeframe after receiving the final award from the General Secretariat, any party finds that the award is not complete (fail to fully cover all the issues submitted for arbitration) the party can submit a request for additional award to the Tribunal through the NCAC General Secretariat. Similarly if any party finds that the award contains some typographical or clerical errors, or that any part or ruling of the award is not clear or can be interpreted differently, the party can submit a request for error correction, clarification or interpretation of the award to the Tribunal through the NCAC General Secretariat.