The Phnom Penh Post

Different dispute resolution options set for post-Covid

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mediation will help boost entreprene­urship, free company funds otherwise tied up in disputes, and create a conducive environmen­t for investors, SMEs and entreprene­urs,” it said.

IFC resident representa­tive for Cambodia Asad Yaqub said in the statement: “At IFC, our experience shows that during crises, a robust commercial mediation mechanism is critical to promote faster commercial or debt-related dispute resolution.

“As the Cambodian economy recovers from the pandemic and continues to grow, efficient alternativ­e dispute resolution options will give the private sector more confidence to engage in business transactio­ns, encouragin­g investment and promoting economic growth in the country,” said Yaqub.

NCAC president Bun Youdy added: “Even though mediation is a longstandi­ng tradition in the Cambodian society, structured commercial mediation is a relatively new concept for business community here.

“I believe a strengthen­ed alternativ­e dispute resolution mechanism along with capable mediators will encourage more businesses in the country to adopt commercial mediation, a way to help resolve their disputes in a fast, cost-effective, and efficient manner.

“An internatio­nally recognised accreditat­ion to the 16 trainees is a remarkable milestone,” he was quoted as saying.

Citing Internatio­nal Chamber of Commerce (ICC) records, the statement added: “An average mediation process lasts four months from the date the request for mediation is filed to the end of the proceeding. However, the actual meetings with the mediator last just one to two days.”

On January 21 last year, Minister of Justice Koeut Rith signed legislatio­n establishi­ng the Commercial Court Organising Committee.

And on June 24, the Ministry of Justice, Cambodia Chamber of Commerce (CCC) and other relevant stakeholde­rs held a virtual consultati­on session looking to speed up the process of setting up the court.

CCC vice-president Lim Heng told The Post on June 30 that the justice ministry was preparing to set up commercial courts in three initial locations – in Phnom Penh and the provinces of Siem Reap and Preah Sihanouk. He expected the three to be establishe­d by early 2022.

And on August 5, Ministry of Commerce secretary of state Cham Nimul revealed that investors to date had submitted 27 complaints regarding trade disputes to the NCAC.

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