Logo of Phnom Penh Post newspaper Phnom Penh Post - Business disputants file case for arbitration

Business disputants file case for arbitration

Business disputants file case for arbitration

The National Commercial Arbitration Centre (NCAC) received its latest case last week, marking just the third time that a commercial dispute has been brought to the independent dispute resolution body, its president said yesterday.

The NCAC became fully operational in 2014 but did not receive its first notice of arbitration until May 2015 due to lack of adequate resources and scepticism over its independence and mechanism.

After dropping the suit because it did not fit the institution’s criteria, the NCAC took in its second case last June. That case is currently on hold as one party in the dispute is a government body, which requires more extensive preparation than cases involving only private sector companies.

The latest legal conflict presented to the NCAC should be more straightforward because both parties contractually agreed to bring forward any disagreements to the arbitration centre, said NCAC president Ros Monin.

The case is between a local construction company and the owner of a construction development project, though Monin said he could not disclose any additional details due to the ongoing nature of the legal proceedings.

He added, however, that all legal documents for the case had already been submitted.

“The contract being reviewed was signed in 2015 and makes clear that any dispute would be brought to the NCAC for resolution,” he said.

“We will confirm whether the case fits our criteria to be reviewed during this week so they can start to choose their arbitrators.”

Nguon Mengtech, director-general of the Cambodian Chamber of Commerce, expects the new case to be a positive step for the court, but noted that progress for arbitration is still very slow as only very few cases have been presented to the NCAC.

“Businesses don’t want to go to court to resolve commercial disputes unless it is absolutely unavoidable,” he said. “Meanwhile, the arbitration institution needs to facilitate this process by being seen as an independent body.”

MOST VIEWED

  • Cambodia unveils new quarantine regulations

    The government has modified Covid-19 quarantine requirements, shortening the duration for, among others, Cambodian officials, foreign diplomats and delegations, investors and inbound travellers in general. According to an official notice signed by Minister of Health Mam Bun Heng late on October 16, quarantine length for Cambodian

  • Cambodia sets new Covid-19 quarantine rules

    The government has modified Covid-19 quarantine requirements, shortening the duration for, among others, Cambodian officials, foreign diplomats and delegations, investors and inbound travellers in general. According to an official notice signed by Minister of Health Mam Bun Heng late on October 16, quarantine length for Cambodian

  • Hun Sen: Cambodia set to fully reopen

    Prime Minister Hun Sen concludes that the October 5-7 Pchum Ben public holiday, during which many people either flocked to their hometowns for family reunion or gathered at tourist attractions across the country, has not caused an outbreak of Covid-19. In a special address to

  • Will Evergrande change the way Chinese developers do business in Cambodia?

    China’s property sector policy has exposed the grim financial condition of real estate developers including those operating in Cambodia, which raises questions over the viability of their projects and business going forward The dark blue netting draping over one of Yuetai Group Co Ltd’

  • Cambodia resumes issuance of tourist visas

    The Ministry of Foreign Affairs and International Cooperation has announced the resumption of its tourist visa and visa exemption programme after a long hiatus due to the Covid-19 pandemic. In a letter dated October 20 and addressed to foreign embassies and consulates, foreign minister Prak Sokhonn

  • Cambodia voted ‘world’s friendliest country’ in Rough Guides reader poll

    Cambodia ranked number one among the “World’s Friendliest Countries”, according to a reader poll conducted by London-based international website “Rough Guides”. Taking submissions through Twitter and Facebook, “Rough Guides”, a well-known travel agency and publisher of guidebooks, said the Kingdom “was by far the