Legal Analysis And Improvements To The Grounds For Refusal To Enforce The Foreign Arbitral Award In Cambodia

This dissertation aims to study on the refusal grounds under the domestic laws on foreign arbitral awards as Cambodia is one of the contracting state to the New York Convention on recognition and enforcement of foreign arbitral award and the award can be enforcing unless the party submit the award to the competent court of the enforcing country.Meanwhile,those award can be rejected through the competent court if the party or the court found out that it is opposite to the national law by its jurisdiction.In order to help the procedure,become smoothly,the government of Cambodia has adopted some laws to make it easy for recognition and enforcement of foreign arbitral award in Cambodia such as law on commercial arbitration(2006),law on approval and implementation of the convention on the recognition and enforcement of foreign arbitral awards(2001)and civil procedure code(2006).However,until now there were just a case on this matter to be enforce by the court and the law which cover the refusal grounds is still in discussion as it is different from the other countries in order to refuse the foreign arbitral award.Finally,this thesis will analyze relevant to the legal issues,the conflict of law,corruption,independence of court system and the incompetent of relevant person in this field.After that,it is followed by some conclusions and suggestions.