Originally from Attachment of Assets

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1.    What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshal?

The following rules are in effect to govern the attachment of assets in the Kingdom of Cambodia: 

• Rule 1: Law on the Organization of Court dated July 16, 2014. This law stipulates the organization of the courts and their jurisdiction within Cambodia. It divides courts into High and Lower Courts.

• Rule 2: Code of Civil Procedure 2006 (CCP), which was adopted by the General Assembly and the Senate respectively on May 26, 2006 and June 23, 2006. It was promulgated by the King on July 06, 2006 and was implemented in July 2007;

• Rule 3: Law regarding the Ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitration Awards dated May 16, 2001. This law determines the procedure and jurisdiction of Cambodian courts related to the recognition and enforcement of foreign Arbitration awards.

In accordance with CCP, the judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained are the preservative reliefs. The preservative reliefs can be made by a motion in a Cambodian judicial proceeding when the plaintiff (“creditor”) wishing to preserve his/her rights is reasonably concerned that execution will become impossible or extremely difficult by reason of alteration of the state of the property of the debtor in execution, or that significant damage or imminent risk will arise affecting the status of one of the parties in respect of the right in issue (Article 530 of CCP).