Cambodia - Part J - Arbitration in Asia - 2nd Edition
Rupert Haw is a past Country Managing Director and a consultant of DFDL’s Lao PDR practice. He has outstanding experience in telecommunications, corporate finance and M&As in South East Asia and has strong credentials in regulatory and operational risk management in emerging markets. Mr. Haw also has sound experience in dispute resolution and has represented numerous firms in contentious proceedings in both the superior and lower courts. He also has a strong interest in private commercial arbitration.
Mr. Haw was admitted as an attorney of the High Court of South Africa in 1997 and holds a B. Proc. (University of Natal, South Africa). Previously, he was a Senior Manager of Big4 Forensic and Dispute Services department where he was responsible for managing a number of major investigations into fraud and corruption for the private sector and law enforcement agencies in both Africa and the United States.
Mealy Khieu is a Partner of SokSiphana&associates, a member of ZICOLaw. Ms. Khieu also covers litigation, arbitration, and commercial disputes and corporate concerns. She is the founding member of the National Commercial Arbitration Center (NCAC) and was elected as the first Executive Board member. In March 2019, she was elected as Vice President of NCAC. Her practice includes domestic and international investment advice, real estate commercial banking and intellectual property. She holds a dual Master, University Libre de Brussels (ULB) and fromi Royal University of Law and Economics in collaboration with the University of Montreal, University of Geneva and French Cooperation Center, Phnom Penh. She holds a Bachelor of Law, National Institute of Management and Royal University of Law and Economics, Phnom Penh and is a registered lawyer with the Bar Association of the Kingdom of Cambodia. She is also an authorized Trade Mark Agent recognized by the Ministry of Commerce of Cambodia.
Emi Rowse is an Of Counsel at Herbert Smith Freehills’ Bangkok office. She has extensive experience advising clients on disputes across Asia Pacific, having worked in the firm’s offices in Hong Kong, Tokyo and now Bangkok. Her practice covers a wide range of matters including international arbitration, commercial litigation, compliance and anti-corruption, anti-competition and contentious employment. Her international arbitration experience includes advising major multi-national companies in arbitrations under the ICC, LCIA, SIAC and TAI rules. Ms. Rowse has represented clients from a broad range of industry sectors, including energy, manufacturing and financial institutions. She is half Japanese and speaks fluent Japanese
Originally from Arbitration in Asia - 2nd Edition
Cambodia’s legal system is in a relatively early stage of development. From 1975 to 1979, when the country was known as Democratic Kampuchea and governed by the notorious Khmer Rouge regime, most legal texts and institutions were destroyed. The civil war that followed and which ended in 2001 substantially constrained any further development of Cambodian commercial law. The most notable commercial law to have been passed during this period was Decree No. 38 on Contract and Other Liabilities in 1988, otherwise known as the Contract Law. Since the end of the civil war numerous commercial laws have been enacted and Cambodia’s accession to the WTO in 2004 has accelerated this process.
The notable items of legislation that were passed during this period are the Labour Law (1997), the Land Law (2001), the Law on Commercial Enterprises (2005), Sub-decree on the Implementation of the Amendment to the Law of Investment (2005), the Law on Commercial Arbitration (2006) (the “Arbitration Law”), Insolvency Law (2007), Law on Secured Transaction (2007), the Code on Civil Procedure (2007) (the “Civil Procedure Code”) and the Civil Code (2007), which was implemented in 2011..
Although arbitration of commercial disputes has been given statutory recognition, informal nonbinding arbitration is a known and accepted practice in Cambodia. Many commercial disputes are voluntarily referred to local government officials who are called upon to determine the respective liabilities of the disputing parties. This can best be described as a customary procedure. Because of this it was expected that there would be broad-based recognition of the concept of voluntary, private dispute resolution. However, while in some sectors this is true, the courts of Cambodia are still reluctant to fully adopt the process of arbitration. In 2014 the National Commercial Arbitration Center of Kingdom of Cambodia (NCAC) elected an executive board of directors and the General Assembly adopted the Internal Rules and Arbitration Rules. The NCAC has been operating in collaboration with Hainan Arbitration Commission and up to date it has had fourteen (14) casess with a total disputed amount of about thirty-eight million USD $38,000,000. Three cases closed with awards rendered successfully. Two cases were discarded due to lack of merit for arbitration, and the other cases are still in progress. The NCAC's arbitration clause is currently in many commercial contracts. The NCAC has sixty (60) registered arbitrators, including Cambodians, Singaporians and Chinese arbitrators.
 ARBITRATION AGREEMENTS
 ARBITRATORS AND THE ARBITRATION TRIBUNAL
 ARBITRAL PROCEDURES
 JUDICIAL ASSISTANCE AND INTERVENTION
 RECOGNITION AND ENFORCEMENT OF FOREIGN AWARDS
 PRACTICAL INFORMATION
[10.1] The Commercial Arbitration Law of the Kingdom of Cambodia, 2006