Author: Mosseny

A Comprehensive Guide to Litigation and Dispute Resolution in Cambodia Overview: In Cambodia, both commercial and civil litigation processes are currently governed by the Civil Procedure Code. The Royal Government of Cambodia (RGC) has announced plans to establish a dedicated Commercial Court and introduce specific rules for commercial litigation in the…

Key Procedures, Court Levels, and Legal Support for Accused and Victims Cambodia's criminal justice system is based on the French civil law model, emphasizing rigorous judicial investigation before trial proceedings. The Investigating Judge (IJ), who operates independently and impartially, plays a crucial role in uncovering the facts of each case,…

Challenging the award using infra petita basically argues that the tribunal had not exercised its mandate by considering all the material issues that were raised in the arbitral proceedings, thus violates the natural justice. In order for the court to entertain the infra petita challenge of the award, the complainant should establish that a tribunal…

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…

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…