Study On Applicable Law In Cambodia International Commercial Arbitration

With the establishment of a comprehensive strategic partnership between China and Cambodia,the economic and trade exchanges between the two countries have reached a new developmental stage,and the risk prevention of bilateral commercial disputes also deserves more attention.Cambodia Commercial Arbitration Law is based on the model law of international commercial arbitration.According to the current situation of its domestic practice,by strengthening the construction of arbitration institutions and the training of practitioners,it applies a feasible practice of international commercial arbitration law to the development of Cambodian commercial arbitration.In the application of the law of the arbitration agreement,by determining the arbitration tribunal’s discretionary jurisdiction and the independence of the arbitration clause,it leaves room for discretion to solve the problem of the validity of the arbitration agreement,so as to promote the smooth development of the arbitration procedure;Although the law of the place of arbitration still plays an important role in the selection and application of the procedural law,the parties can decide the applicable procedural rules of the case by choosing the place of arbitration and the arbitration institution without violating the mandatory rules of the place of arbitration;As for the application of law in solving substantive disputes,in addition to the domestic substantive law of a specific country,in order to meet the needs of cross border practice of commercial arbitration,the recognition of non domestic law rules and non legal rules represented by merchant customary law is also improving.By translating and studying the Cambodian Commercial Arbitration Law and relevant practices,Chinese enterprises should make a comprehensive and detailed research on Cambodian commercial arbitration system in advance when they trade with Cambodian commercial subjects,and pay enough attention to the following aspects: first,they should make an arbitration agreement with complete form,specific content and clarify the intention of both parties to resolve disputes through commercial arbitration.It is of great significance to select proper arbitrators and decide a appropriate method to compose the arbitration tribunal,so that the commercial arbitration can be carried out smoothly.Secondly,it is necessary to agree on appropriate arbitration procedure rules,fully consider the enforceability of arbitration rules and the coordination with the arbitration institution and the law of the arbitration place,in order to promote the well-off progress of commercial arbitration procedure.Finally,Chinese companies should respect the different standards that may exist in the division of substantive matters and procedural matters,and try to agree on the application of commercial practice rules and relevant model laws,so as to narrow the differences brought about by the different legal systemas as well as promote the ultimate settlement of arbitration cases.