Study On The System Of Recognition And Enforcement Of Foreign Arbitral Awards In Cambodia

The conditions for recognition and enforcement of foreign arbitral awards in Cambodia,judicial review,grounds for refusal and the appeal system are four important parts of the system of recognition and enforcement of foreign arbitral awards in Cambodia.In order to protect their rights and interests,Chinese enterprises that have won in arbitration awards should fully understand these four parts of the system and review their actions in order to avoid legal risks and reduce the loss of their rights and interests.The first chapter is about the conditions for recognition and enforcement of foreign arbitral awards in Cambodia.The criteria for defining foreign arbitral awards in Cambodia: the 2001 Law on the Ratification and Implementation of the New York Convention establishes the dual criteria of the place of making the award and the law on arbitration procedure,while the 2006 Law on Commercial Arbitration only establishes the criteria of the place of making the award.The formal conditions for the recognition and enforcement of foreign arbitral awards in Cambodia are: submission of the arbitration agreement and the arbitral award by the parties.Chapter 2 is the judicial review of the recognition and enforcement of foreign arbitral awards in Cambodia.Once a foreign arbitral award meets the conditions for recognition and enforcement in Cambodia,it is subject to judicial review by the Cambodian Court of Appeal,which is only formal but not substantive.The Cambodian courts have the discretionary power to reject "may".If the parties appeal,the Supreme Court has final jurisdiction.Problems in the practice of judicial review in Cambodian courts are: overdue review,obvious corruption and poor judicial independence,and low familiarity of courts with international commercial arbitration.Chapter 3 deals with the statutory grounds for refusal to recognize and enforce foreign arbitral awards in Cambodia.If a Cambodian court refuses to recognize and enforce after judicial review,the grounds for refusal are statutory and limited.Cambodia has expressly provided that public policy shall be applied by reference to the standards of other convention states.There is only one judicial practice in which the Cambodian Court of Appeal could have applied public policy based on this provision,but the Court of Appeal did not.Other grounds for refusal are mainly based on the Model Law,and it is important to note that the Cambodian Civil Code defines incapacitated persons.Chapter 4 is the Cambodian remedy for the outcome of judicial review-the appeal system.This system is a remedy for the parties after the review is completed,and it is an additional remedy based on the Model Law and the experience of other countries in arbitration,taking into account the situation in Cambodia.The parties can appeal the enforcement decision if they are dissatisfied,but the appeal period is controversial in judicial practice.The Supreme Court has upheld the 7 days of the Civil Procedure Law in the case,however,the author believes that the 15 days stipulated in the Commercial Arbitration Law should be applied.The fifth chapter is the inspiration of the Cambodian recognition and enforcement system to our enterprises.From Chapter 1,it can be seen that: our enterprises should give priority to arbitration as a way of dispute resolution,either by choosing an internationally renowned arbitration institution or by choosing the Cambodian National Commercial Arbitration Center for arbitration,and the place of arbitration can also be freely agreed upon;our enterprises should also file an application for recognition and enforcement in a timely manner.From Chapter 2,it is clear that our enterprises should pay attention to the discretionary power of Cambodian courts,and should face the objective phenomenon of judicial corruption in Cambodia and find ways to get along with Cambodian courts.From Chapter 3: Chinese enterprises can refer to the criteria for determining "public policy" in the judicial practice of our courts in order to avoid arbitration awards violating Cambodian public policy.In addition,Chinese and Cambodian enterprises should try not to agree on the place of arbitration in India,so as to prevent the award from being rejected by Cambodia.As we can see from Chapter4,first of all,Chinese enterprises should pay attention to the difference between the Chinese and Cambodian remedy systems to avoid missing the short appeal period;in addition,in order to avoid the controversy of the appeal period,Chinese enterprises should appeal within one week if they disagree with the enforcement decision;finally,in view of the confusion of the Cambodian legal system,Chinese enterprises should clearly and thoroughly agree on the rights and responsibilities of both parties when signing the contract and arbitration agreement,and should not try to throw the difficult issues directly to the Cambodian courts.The Cambodian courts.