If there is a discrepancy between a Party’s invoice and the corresponding records of the other Party, the Parties will resolve such discrepancy as follows:
If the disputed minutes are equal or less than two percent (2%)(as Sample one only) of the total of the relevant invoice, the total amount invoiced shall be due and payable on or before the due date.
If the minutes in dispute are more than two percent (2%) of the total (excluding taxes) of the relevant invoice, the amount disputed may be withheld until the dispute is resolved.
If a party in good faith disputes any invoice amount, it shall submit to the invoicing party within thirty (30) days following receipt of such disputed invoice, written documentation identifying the minutes and /or Rates which are in dispute.
The Parties will use their reasonable commercial efforts to resolve such dispute within ninety (90) days of such submission. Pending the resolution of the said dispute, however, the billed Party shall pay the billing Party the undisputed portion of the amount due in the billing Party’s invoice.
The billed Party may withhold the payment of the disputed portion of the amount due until the time the amount actually due is determined.
If upon such determination, the billing Party’s invoice is proven correct, the billed Party will pay the amount, if the billed Party is proven correct, then the billed Party will pay the correct amount due, if any, but without any interest.
A written notice of dispute that clearly specifies the reasons and the amounts in dispute (“Billing Dispute Notice”)
Any written documents or records supporting the dispute (CDR files, etc.)
GOVERNING LAW AND DISPUTE RESOLUTIONS
A) The interpretation, validity and performance of this Agreement shall be governed in all respects by the laws of Cambodia, including the Telephone Interconnection Regulation of 23 July 2003.
B) If the Parties are not able to agree on the Arbitrator as provided in Clause F below within thirty (30) days of the notice, the dispute will be directly forwarded to the competent court in Cambodia.
C) All disputes, controversies or differences which may arise between the Parties in respect of this Agreement shall as far as practicable be settled amicably through mutual discussion between the authorized representatives of each Party.
D) In the event any such dispute, difference or question which may arise under, out of, in connection with or in relation to this Agreement cannot be resolved amicably within thirty (30) days from the day it arose, then such dispute, difference or question shall be settled by arbitration upon written notice by either Party. There shall be (One) 1 arbitrator appointed and mutually agreed by the both Parties, failing agreement to be nominated, on application of either Parties to the Director of Cambodian Commercial Arbitration Council who shall appoint the arbitrator. The rules of arbitration will be based on Cambodian Commercial Arbitration laws dated March 06, 2006. The location of the arbitration will be in Cambodia. The cost of arbitration will be borne by the losing party.
E) The arbitral award is final and binding by both parties. In the event that the aforementioned dispute is resolved, the relevant Party shall execute their obligations within fifteen (15) days to the other based on the results of the arbitration. Thereafter, the arbitral award will be forwarded to the competent court and relevant authorities in Cambodia for execution.
F) Notwithstanding the above, it is hereby agreed by the Parties herein that none of the provisions contained shall be construed in any way to oust or exclude the jurisdiction of the Courts in relation to urgent relief or where the Parties have agreed that the dispute is of such nature that arbitration is not possible or would not be able to provide adequate or effective resolution.