Cambodia - Chapter 2 - International Commercial Arbitration in Asia - 3rd Edition

Kim Rooney is an international Arbitrator based in Hong Kong; she is admitted as a Hong Kong barrister, an English solicitor, and a Western Australian barrister and solicitor.

Vicheka Lay is a Legal Consultant for VDB Loi, a regional legal & tax advisory firm based in Phnom Penh, Cambodia.

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Originally from: International Commercial Arbitration in Asia - 3rd Edition

Commercial arbitration in Cambodia is in its early stages. A framework for commercial law and arbitration is in the process of being created, as part of the development of Cambodia as a market economy.

This process has been underway since Cambodia’s 1994 bid for membership with the World Trade Organization (the "WTO") was reviewed and accepted in the early 2000’s. Cambodia has been a member of WTO since 13 October 2004.1 As part of Cambodia’s bid to join the WTO it agreed to enact a number of new laws in fulfillment of its commitment to provide an improved regulatory environment for trade and investment—a Law on Commercial Arbitration was included as a priority.2 To date, however, only collective labor disputes3 in Cambodia have regularly been submitted to the Cambodian Arbitration Council,4 the body with jurisdiction to determine such disputes.

Table of Contents:

Chapter 2

Arbitration in Cambodia
I. Overview of Relevant Legislature Framework
A. Primary Laws
B. International Treaties and Conventions
1. The New York Convention
2. The ICSID Convention
3. 1899 & 1907 Convention for the Pacific Settlement of International Disputes
4. The ASEAN Treaty
5. Bilateral Investment Treaties
6. United Nations
II. The National Arbitration Centre of Cambodia
III. The 2006 Commercial Arbitration Law
IV. The Role of the Courts
V. Form and Scope of Arbitration Agreements
VI. Arbitrability of Claims
VII. Commencing the Arbitration
VIII. Selection of and Challenge to Arbitrators
IX. Place and Language of Arbitration
X. Representation in Proceedings
XI. Conduct of Proceedings
XII. Powers of the Tribunal
XIII. Defaulting Party
XIV. Formalities for Award
XV. Deadline for Issuing Arbitral Awards
XVI. Correction of the Arbitral Award
XVII. Local Practice and Licensing Requirements for Foreign Lawyers
XVIII. Choice of Law in Arbitration Proceedings
XIX. Interim Measures
XX. Disclosure of Documents and Information
XXI. Costs
XXII. Setting Aside
XXIII. Arbitration Practice in Cambodia
A. Ad-hoc Arbitration
B. Role of Mediation (if any)
C. Role of Experts (if any)
D. Whether Arbitrators Have Immunity from Suit
XXIV. Recognition and Enforcement
XXV. Conclusion