The Judicial Review Of Commercial Arbitration In Cambodia

The judicial review of commercial arbitration is an important component of the arbitration system of a country.It is an arbitration guarantee mechanism by which the judicial organ of a country supervises the jurisdiction of arbitration,setting aside arbitral award and the recognition and enforcement of foreign arbitral award to ensure the legitimacy of arbitration activities and arbitral award.The judicial review plays an indispensable role in preventing the abuse of arbitration power and safeguarding the rights and interests of the parties.The purpose of this studying is to provide a guidance and help for choosing arbitration as a means of dispute resolution in commercial dealings which is relevant to Cambodia by systematically analyzing the relevant provisions of the judicial review of commercial arbitration in Cambodia.It also provides reference for improving the judicial review of commercial arbitration in China.This paper consists of four chapters.The chapter I is the judicial review of arbitration jurisdiction in Cambodia.The judicial review standard of arbitration jurisdiction in Cambodia includes two aspects: whether the arbitration agreement is valid and whether the disputed matters are arbitrable.The arbitral tribunal has the competence to rule on its jurisdiction.The Cambodian courts supervise the arbitration jurisdiction mainly through the review of the ruling which arbitral tribunal’s rule that it has jurisdiction.The chapter Ⅱ is the judicial review of setting aside arbitral awards in Cambodia.When the arbitration award is made,the party may file an application for setting aside arbitral award when arbitration agreement is invalid;or violating due process;or ruling matters more than the scope of the arbitration agreement;or the composition of the arbitration tribunal unconformity with the arbitration agreement or illegal;or the subject matter of the dispute is not capable of settlement by arbitration under the Law of the Kingdom of Camboida;or the recognition of the award woud be contrary to public policy of the Kingdom of Cambodia.The Appellate Court of Cambodian will conduct judicial review on whether to set aside the arbitral award.The party who is not satisfying with the decision of the Appellate Court can appeal to the Supreme Court of Cambodia.The chapter Ⅲ is the judicial review of the recognition and enforcement of foreign arbitral award in Cambodia.The legal reasons for Cambodia’s refusal to recognize and enforce the foreign arbitration awards include arbitration agreement is invalid;or violating due process;or ruling matters more than the scope of the arbitration agreement;or the composition of the arbitration tribunal unconformity with the arbitration agreement or illegal;or the ruling is not binding;or the subject matter of the dispute is not capable of settlement by arbitration under the Law of the Kingdom of Camboida;or the recognition of the award woud be contrary to public policy of the Kingdom of Cambodia.The party who disagrees with the result of the judicial review on the recognition and enforcement of a foreign arbitration award can appeal to the Supreme Court of Cambodia which will make the finally decision.The chapter Ⅳ is the enlightenment of the judicial review of commercial arbitration in Cambodia to China.The judicial review of commercial arbitration in Cambodia integrates the relevant contents of New York Convention and the UNCITRAL Model Law on International Commercial Arbitration,and its legal provisions and system design closely follow the international legislative trend.The commercial arbitration judicial review in China are still many deficiencies.Firstly,it should reduce the limitation of judicial review to the arbitration agreement specific content,Secondly,giving the arbitration tribunal rule on its jurisdiction and supervision it through the judicial review.Thirdly,unifying the standards of setting aside the domestic arbitral awards and other awards which concerning foreign affairs.Finally,it should to establish the appeal system to limited the judicial review power of court.The reform of the judicial review in China should protect the legitimate rights and interests of the parties and ensure the impartiality of arbitration.At the same time,reducing the interference of judicial review on arbitration.