The Foreign-Related Civil And Commercial Disputes Resolution Mechanisms In Cambodia

Under the background of accelerating economic globalization and regional integration,Cambodia's national development has entered a new era.For historical reasons,the development of Cambodia's modern legal and judicial system started almost from scratch.Without good legal and judicial constraints,most of the civil and commercial disputes in Cambodia,especially those concerning foreign affairs,haven't resolved very well for a long time.In 2003,the Royal Government of Cambodia began to promote the reform of the legal and judicial system,strengthen legislation,implement justice and introduce alternative dispute resolution mechanism,which to some extent alleviated the original embarrassment.However,the construction of the rule of law can't be achieved overnight.On the one hand,Cambodia's civil and commercial disputes resolution legislation is far from perfect,litigation procedures are complex and corruption is difficult to be curbed effectively,leading to the decline of judicial credibility;on the other hand,although it has been more than a decade of construction and development,the research and application of alternative dispute resolution mechanism in Cambodia is still limited.Based on Cambodia's modern law and judicial system,this paper summarizes two main mechanisms of Cambodia's settlement of the foreign-related civil and commercial disputes,namely,judicial litigation and alternative dispute resolution mechanism.On the basis of discussing several common types of foreign-related civil and commercial disputes in Cambodia's modern fields,and by comparing the application of the two methods in practice,it is concluded that foreign-funded enterprises should strictly abide by local laws and regulations and traditional customs,carry out the corresponding legal procedures,clarify the relevant legal rights and responsibilities in advance when determining cooperation,and actively adopt alternative dispute resolution mechanisms such as mediation or arbitration in case of foreign-related civil and commercial disputes,so as to avoid influencing enterprises' interests by invalid litigation.