Recognition And Enforcement Of Foreign Arbitral Award In Cambodia Under New York Convention

Cambodia is one of less developed countries in Southeast Asia and try to cooperate with other countries in terms of political,culture,social,and economic in order develop country.So far,Cambodia is a member of international organizations especially the United Nation(UN)1 and Association of Southeast Asian Nations(ASEAN)2.Cambodia was admitted to be member of World Trade Organization(WTO)in 20043 and other important organization.In New York 1958,the United Nation adopted a Convention on Recognition and Enforcement of Foreign Arbitral Award(afterward call New Yok Convention or NYC).4 Cambodia made an accession to this convention on 5 January,1960.5 Later on,Cambodia adopted Law on Ratification and Implementation on United Nation Convention on Recognition and Enforcement of Foreign Arbitral Award in 2001.6 Cambodia is a member of said convention,so he has obligation to recognize and enforce foreign arbitral award which made by another contracting state to NYC.7 Since Cambodia becomes the contracting state to NYC,Cambodia experienced with only one case8 while the other countries like China and India have experienced many cases.Up on other countries' practice,judge faces problem with the word “public policy” and the real practice of reciprocity principle of NYC.This thesis will study about Recognition and Enforcement of Foreign Arbitral Award in Cambodia under NYC.