Cambodia Court System and Commercial Arbitration
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Questions and Answers

Every Court of First Instance in Cambodia is required to have specialized courts for civil, criminal, commercial, and labor matters.

False (B)

The Cambodian judiciary is structured with Extraordinary Chambers in the Courts of Cambodia functioning at the first instance level, alongside the Court of Appeal and the Supreme Court.

True (A)

In Cambodia, the Court of Appeal is considered the lowest court, according to the Organization of the Courts.

False (B)

According to Cambodian law, only an investigating judge is authorized to adjudicate a case.

<p>False (B)</p> Signup and view all the answers

The Commercial Arbitration Law of 2006 is a key piece of legislation for understanding the court system in Cambodia.

<p>True (A)</p> Signup and view all the answers

Labor Law 1997 (specifically, Chapters 1 to 5) is recommended reading to understand commercial arbitration.

<p>False (B)</p> Signup and view all the answers

The discussion with teammates focused on understanding court structures, while individual activity involved deeper analysis of commercial arbitration.

<p>False (B)</p> Signup and view all the answers

An article titled 'Can More Competition Sustain Industry' is referenced as supplemental reading material.

<p>True (A)</p> Signup and view all the answers

In the Cambodian court system, the Court of First Instance has the authority to review questions of both law and fact.

<p>True (A)</p> Signup and view all the answers

The Supreme Court is the only court considered a higher court in Cambodia's court system.

<p>False (B)</p> Signup and view all the answers

If two commercial parties have a valid arbitration agreement under the Commercial Arbitration Law, courts can't issue any orders related to the case until a final arbitral award has been made and a party requests recognition.

<p>False (B)</p> Signup and view all the answers

Under the Commercial Arbitration Law, arbitral proceedings can only be terminated by a final arbitral award or a court judgement.

<p>False (B)</p> Signup and view all the answers

Under the Commercial Arbitration Law, arbitral proceedings must conducted solely in Khmer Language.

<p>False (B)</p> Signup and view all the answers

The Cambodian judiciary is composed of the Supreme Court, the Court of Appeals, the Constitutional Council and the Military Court..

<p>False (B)</p> Signup and view all the answers

A party can directly appeal a decision from the Court of First Instance to the Supreme Court, bypassing the Court of Appeal, if they believe there was a significant legal error.

<p>False (B)</p> Signup and view all the answers

In commercial arbitration, if a party fails to participate in the proceedings after being properly notified, the arbitral tribunal is legally obligated to terminate the arbitration.

<p>False (B)</p> Signup and view all the answers

Flashcards

Court Organization Law

Legislation defining the structure and organization of courts in Cambodia.

Types of Courts

Different specialized courts include civil, criminal, commercial, and labor courts.

Lowest Court in Cambodia

The Court of First Instance is the lowest level of the judiciary.

Court of Appeal

A higher court that evaluates decisions from lower courts in Cambodia.

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Supreme Court

The highest court in Cambodia that resolves final appeals and significant legal issues.

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Commercial Arbitration

A method of resolving disputes outside the courts, often used in business.

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Military Court

A specialized court handling cases involving military personnel in Cambodia.

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Investigating Judge

A judge responsible for examining evidence before a trial proceeds.

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Cambodian Court System

The structure of courts in Cambodia, including the Supreme Court, Court of Appeal, and Provincial-Municipal Courts.

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Review Competence

The ability of courts to review both questions of law and fact.

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Higher Courts in Cambodia

Courts that have authority over lower courts, including the Court of Appeal and the Supreme Court.

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Commercial Arbitration Law

The legal framework governing arbitration agreements and proceedings between commercial parties in Cambodia.

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Arbitration Agreement

A valid contract where parties agree to submit disputes to arbitration rather than court.

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Termination of Arbitral Proceedings

Arbitral proceedings conclude by final award, settlement, or a tribunal order.

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Language of Arbitral Proceedings

Refers to the language(s) used during arbitration, which can be Khmer, English, or as agreed by parties.

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Court Intervention in Arbitration

The authority of courts to intervene in arbitration only under certain conditions to ensure fairness.

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Study Notes

Court Organization

  • Cambodia's courts are specialized, with each court of first instance comprising:

    • Civil court, criminal court, commercial court, and labor court
    • Civil court, criminal court, commercial court, and administrative court
    • Civil court, criminal court, labor court, and administrative court
  • The Cambodian judiciary structure includes:

    • Military Court
    • Court of Appeal
    • Supreme Court
    • Extraordinary Chambers in the Courts of Cambodia
    • Courts of First Instance
  • The lowest court in Cambodia is the Court of First Instance.

  • Only a trial judge has the power to adjudicate a court case.

  • Courts of Appeal and the Supreme Court have jurisdiction to review questions of fact and law.

Commercial Arbitration

  • Commercial Arbitration Law 2006 is relevant to disputes involving commercial contracts.

  • Disputes specified in valid contracts are submitted to the National Commercial Arbitration Centre (NCAC).

  • No court can make orders related to arbitration cases unless a final arbitral award is sought.

  • Courts cannot intervene; however, they can grant interim measures of protection to parties.

  • Arbitration proceedings are concluded by a final arbitral award, mutual agreement, or if a party's insolvent.

  • Parties are free to agree to a language for the proceedings.

  • Read Chapters 2, 3, 4, 5, 7 and 8 for Commercial arbitration law 2006.

  • Read Labor Law 1997 (chapters 1-5).

  • Read the article at: https://www.phnompenhpost.com/opinion/competition-law-love

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Description

Overview of the Cambodian court system, detailing its specialized courts of first instance and judicial structure. Key components include the Court of Appeal and Supreme Court. Focus on the Commercial Arbitration Law 2006 and the National Commercial Arbitration Centre (NCAC).

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