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1 National Commercial Arbitration Center 1 National Commercial Arbitration Center

1 National Commercial Arbitration Center - PowerPoint Presentation

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1 National Commercial Arbitration Center - PPT Presentation

Development of Commercial Arbitration in Cambodia Mr BUN Youdy Arbitrator Member of the NCAC Executive Board Member of EuroCham Board Intercontinental Hotel 22 September 2015 EuroCham ID: 611708

commercial arbitration fee cambodia arbitration commercial cambodia fee 000 ncac development excess rules choose usd 300 arbitrator 550 tribunal administration expenses 500

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Slide1

1

National Commercial Arbitration Center

Development of Commercial Arbitration in Cambodia

Mr. BUN Youdy, ArbitratorMember of the NCAC Executive BoardMember of EuroCham Board

Intercontinental Hotel

22 September 2015

EuroCham

Breakfast TalkSlide2

2

National Commercial Arbitration Center

Presentation OutlineWhy choose commercial arbitration in Cambodia?

An overview of recent development of commercial arbitration in CambodiaSlide3

Why

choose

commercial arbitration in Cambodia?3Slide4

Why choose commercial arbitration in Cambodia?

What investors/companies look for before investing in a country

Ease of establishment of a businessMarket size and growth prospectsLabor cost and productivity

InfrastructurePolitical stabilityCorruptionTaxesAbility to repatriate earnings/profitClear, enforceable legal framework and rule of law

4

Figure 1 - What are the time, cost and numbers of procedures to resolve a commercial dispute through the courts?, Enforcing Contracts Methodology, World BankSlide5

Why choose commercial arbitration in Cambodia?

Ranking of enforcement of contracts in Cambodia

Impact on decision making by large and small investors (foreign and local)5

TOPICS

DB 2015 Rank

DB 2014 Rank

Change in Rank

Enforcing Contracts

   

178/189

178/189

No change

Doing Business Report (2015, World Bank)Slide6

Why choose commercial arbitration in Cambodia?

Current challenges if we don’t choose commercial arbitration in Cambodia

Difficulties with the courtsLimitation of technical or specialized knowledge of judiciary6Slide7

Why choose commercial arbitration in Cambodia?

How the NCAC provides a stronger alternative

Party autonomyCosts: predictable and reasonableArbitration rules based on international standardsProceedings may be conducted in a foreign language

Awards are scrutinizedNew York ConventionAwards issued by NCAC are enforceable in all NY Convention signatory countriesArbitrators Qualified, trained by international experts in arbitrationExperts in Cambodian law

Native Khmer language speakers able to quickly understand evidence and documents which will be primarily in Khmer7Slide8

An

overview of

recent development of commercial arbitration in Cambodia8Slide9

9

Recent development of commercial arbitration in Cambodia

History and Recent Development May 2006: Arbitration Law

Aug. 2009: Sub-Decree No. 124 on Organization and Functioning of NCACMar. 2010: Selection of arbitration candidatesDec. 2010: Amendment to art. 52 of Sub-Decree No. 1242010-2011: Selection of arbitrators through examinationJan. 2013: Official launch of NCACJuly 2014: Internal Rules and Arbitration Rules

April 2015: Code of EthicsSlide10

Recent development of commercial arbitration in Cambodia

Status of NCAC

NCAC is an independent organizationRoles and Functions of NCACPromote arbitration: promote the settlement of commercial disputes

through arbitration in CambodiaRules: create the necessary infrastructure and rules for the administration of arbitration cases in CambodiaStandards: ensure high quality standards of arbitration are maintained in Cambodia, including setting and ensuring the qualifications of arbitratorsTraining: provide education and training to arbitrators and aspiring arbitrators in Cambodia10Slide11

Fee schedule

Registration fee: flat rate of 250.00 USD

Administration fee: graduated, based on the sum in dispute Arbitrator appointment fee:

flat fee of 300.00 USD per arbitrator if the parties fail to appoint an arbitrator on their own Tribunal fee: graduated, based on the sum in disputeAny expenses incurred by the Tribunal and the NCAC: includes expenses such as costs of expert witnesses and cost of facilitiesRecent development of commercial arbitration in Cambodia

11Slide12

Fee schedule – Administration Fee (USD)

Recent development of commercial arbitration in Cambodia

12

 Sum in

Disp

ute

 

 

A

rbi

tr

a

t

i

o

n

F

e

e

 

U

p

to

 

50,

0

00

 

 

 

=

 

7

50

 

 

 

 

 

From

 

50,

0

01

 

to

 

1

00,

0

00

 

=

 

7

50

 

+

 

0.7%

o

f

excess o

v

e

r

 

50,

0

00

 

From

 

1

00,

0

01

 

to

 

2

00,

0

00

 

=

 

1

,

100

 

+

 

0.65%

o

f

excess o

v

e

r

 

1

00,

0

00

 

From

 

2

00,

0

01

 

to

 

5

00,

0

00

 

=

 

1

,

750

 

+

 

0.6%

o

f

excess o

v

e

r

 

2

00,

0

00

 

From

 

5

00,

0

01

 

to

 

1

,

0

0

0.

0

0

0

 

=

 

3

,

550

 

+

 

0.4%

o

f

excess o

v

e

r

 

5

00,

0

00

 

From

 

1

,

000

,0

01

 

to

 

2

,

0

0

0

,0

00

 

=

 

5

,

550

 

+

 

0.2%

o

f

excess o

v

e

r

 

1

,

000

,0

00

 

From

 

2

,

000

,0

01

 

to

 

5

,

0

0

0

,0

00

 

=

 

7

,

550

 

+

 

0.12%

o

f

excess o

v

e

r

 

2

,

000

,0

00

 

From

 

5

,

000

,0

01

 

to

 

1

0

,

0

0

0

,0

00

 

=

 

11,

1

50

 

+

 

0.06%

o

f

excess o

v

e

r

 

5

,

000

,0

00

 

From

 

10,

0

00

,0

01

 

to

 

5

0

,

0

0

0

,0

00

 

=

 

14,

1

50

 

+

 

0.03%

o

f

excess o

v

e

r

 

1

0

,0

00

,0

00

 

Over

 

50,

0

00

,0

00

 

 

 

=

 

26,

1

50

 

 

 

 Slide13

Fee schedule – Tribunal Fee (USD)

Recent development of commercial arbitration in Cambodia

13

 Sum in

Dis

pute

 

T

r

ib

u

n

al

Fee

(p

e

r

arbi

t

r

a

t

or)

 

U

p

to

 

5

0

,0

00

 

 

 

=

 

1

,

0

0

0

 

 

 

 

 

From

 

5

0

,0

01

 

to

 

1

00,

0

00

 

=

 

1

,

0

0

0

 

+

 

1%

of

e

xc

e

s

s over

 

5

0

,

0

00

 

From

 

1

0

0

,

0

01

 

to

 

2

00,

0

00

 

=

 

1

,

5

0

0

 

+

 

0

.

9%

of

e

xc

e

s

s over

 

1

0

0

,

0

0

0

 

From

 

2

0

0

,

0

01

 

to

 

5

00,

0

00

 

=

 

2

,

4

0

0

 

+

 

0

.

7%

of

e

xc

e

s

s over

 

2

0

0

,

0

0

0

 

From

 

5

0

0

,

0

01

 

to

 

1

,

000

,0

00

 

=

 

4

,

5

0

0

 

+

 

0

.

6%

of

e

xc

e

s

s over

 

5

0

0

,

0

0

0

 

From

 

1

,

0

0

0

,0

01

 

to

 

2

,

000

,0

00

 

=

 

7

,

5

0

0

 

+

 

0

.

5%

of

e

xc

e

s

s over

 

1

,

0

0

0

,

0

0

0

 

From

 

2

,

0

0

0

,0

01

 

to

 

5

,

000

,0

00

 

=

 

12,5

0

0

 

+

 

0

.

3%

of

e

xc

e

s

s over

 

2

,

0

0

0

,

0

0

0

 

From

 

5

,

0

0

0

,0

01

 

to

 

10,

0

00

,0

00

 

=

 

21,5

0

0

 

+

 

0.

2

5

%

of

e

xc

e

s

s over

 

5

,

0

0

0

,

0

0

0

 

From

 

1

0

,

0

0

0

,0

01

 

to

 

50,

0

00

,0

00

 

=

 

34,0

0

0

 

+

 

0.

0

3

%

of

e

xc

e

s

s over

 

10,0

0

0

,

0

0

0

 

O

v

er

 

5

0

,

0

0

0

,0

00

 

 

 

=

 

46,0

0

0

 

+

 

0.

0

1

%

of

e

xc

e

s

s over

 

50,0

0

0

,

0

0

0Slide14

Sample of Fees

Dispute of 500,000 USD with one arbitrator appointed by parties

Dispute of 1,00,000 USD with three arbitrators appointed by parties

Recent development of commercial arbitration in Cambodia14Registration fee

250

Administration fee (1,750

+ (300,000 x 0.6%))

3,550

Tribunal fee (2,400 + (300,000 x 0.7%))

4,500

Expenses

(as incurred)

Total

8,300 + expenses

Registration

fee

250

Administration fee (3,550 + (500,000 x 0.4%))

5,550

Tribunal fee

(4,500 + (500,000 x 0.6%)) x 3

22,500

Expenses

(as incurred)

Total

28,300 + expensesSlide15

Recent development of commercial arbitration in Cambodia

Arbitration clause

15Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, performance or termination, shall be referred to and finally resolved by arbitration in the Kingdom of Cambodia in accordance with the Arbitration Rules of the National Commercial Arbitration Center (

NCAC Rules) being in force at the time of commencement of arbitration and by reference in this clause the NCAC Rules are deemed to be incorporated as part of this contract.The Tribunal shall consist of ________________* arbitrator(s).*State an odd number. 

The language of the arbitration shall be __________________.

□Applicable Law

This contract is governed by the laws of ___________________*.

* State the country or jurisdiction. Slide16

Contact details of NCAC

16

Address

: Building 65-67-67, Street 136 Sangkat Phsar Kandal I, Khan Daun Penh, Phnom Penh, Kingdom of Cambodia

Tel: +855 (0)12 44 00 22

E-mail: info@ncac.org.kh

Website

:

www.ncac.org.khSlide17

Thank you

National Commercial Arbitration Center

17