Cambodia's Arbitration Council

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Current revision as of 10:37, 5 June 2010


[edit] General Information

  • Official name: Cambodia's Arbitration Council
  • Country: Cambodia
  • City: Phnom Penh
  • Type of organization: Arbitration Council – Independent institution
  • Date of creation: 2003
  • Interests: Arbitration - Conciliation
  • Fields of expertise: Labour disputes

[edit] Description

The Arbitration Council is an independent, national institution with quasi-judicial authority derived from the Labour Law of Cambodia. Established in 2003 with the support of the Ministry of Labour, employers and unions, the Arbitration Council is empowered to assist parties in resolving collective labour disputes in Cambodia.

[edit] Role

The Arbitration Council is a national institution whose role is to resolve labour disputes through conciliation and arbitration. The Council was established by Prakas (Ministerial decree) in May 2003, and is provided for under Cambodia’s Labour Law.

The Arbitration Council aims to promote effective industrial relations in Cambodia by providing a forum for workers and employers to seek fair and equitable resolution to labour disputes. The Council directly addresses these disputes in a timely and transparent manner, by hearing disputes and issuing balanced, reasoned and just decisions based on law.

The Council is not a court but, pursuant to Cambodian statutes, is endowed with legal and equitable decision-making authority with regard to labour dispute cases.

The Council has a tripartite structure, which means that it is comprised of 30 Arbitrators nominated in equal proportions by each of the three stakeholder groups: unions, employer associations and the Ministry in charge of Labour.

Each case which is referred to the Arbitration Council is heard by a panel of three arbitrators, two of whom are selected by the parties themselves. The third arbitrator is chosen by the two arbitrators who were selected by the parties (the Chair).

[edit] Overview of The Arbitration Hearing Process

[edit] Appointment of Arbitration Panel

A panel of three Arbitrators is selected to hear the dispute (the Arbitration Panel).

Each party must choose an arbitrator from their list to hear the case by completing an Arbitrator Selection Form:

  • The worker party selects an Arbitrator from the Employee List
  • The employer party selects an Arbitrator from the Employer List
  • The two arbitrators selected by the parties select the third Arbitrator from the Ministry List.

The Secretariat will then schedule the hearing date and notify the parties of the date.

[edit] Overview of Hearing Process

Both the employer party and worker party are required to attend the arbitration hearing, as well as any other sessions called by the Arbitration Panel. Persons directly involved in a dispute and any relevant witnesses for either party should also attend the hearing.

The style of each Arbitration Panel may vary, but in general the arbitration hearing takes between two to four hours. However it may take longer than this if there are many issues or they are particularly complex. The Arbitration Panel will sometimes schedule a second or third hearing.

The hearing will include the following steps:

  • The Arbitrators explain his/her role and the manner in which the hearing is to be run.
  • The Arbitrators will ask each party to introduce themselves briefly.
  • The Arbitration Panel tries to help parties resolve their dispute by agreement during an informal voluntary conciliation.
  • If no settlement can be reached during the conciliation, then the Arbitration Panel proceeds to formal mandatory arbitration.
  • The Arbitration Panel can require the parties to provide additional evidence or information and will set a deadline or additional hearing for the submission of such information.

All sessions of the Arbitration Council are closed to the general public, unless there is agreement to allow observers.

[edit] Contact

Phnom Penh Center (A), Sothearos Blvd, Sangkat Tonle Basac, Khan Chamkamorn, Phnom Penh.

Phone: 023 223 506

Fax: 023 220 793


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