Author: Mosseny
Curial Intervention
Generally, as a matter of law as well as principle of minimal curial intervention, the courts rarely interfere with the matters referred to the arbitration but until recent case law in Irish High Court. Recently, the Irish High Court issued a decision up on a request made by a party…
Arbitration agreement vs. Arbitration clause
What is arbitration agreement?Arbitration agreement is a legally binding contract entered into between two or more parties usually made after the dispute occurred to provide alternative means to resolve disputes between parties without going through traditional court litigation. What is arbitration clause?Arbitration clause is included in a main contract between…
Commercial and Civil Litigations in Cambodia
Following the adoption of the new Constitution in 1993, Cambodia applied free market economy and free trade agreements began flourishing since then. Business transactions may not always be smooth and differences usually happened. This would result in disputes. Most common dispute settlement method is litigation where litigants requested courts to…
Criminal Justice in Cambodia
Criminal justice in Cambodia follow French civil law system which center on the role of judicial investigation prior to the trial. The Investigating Judge (IJ), which is independent and impartial, oversees the judicial investigation. The role of the IJ is to ascertain the truth and by doing so it collates…