Research On The Objection System Of Commercial Arbitration Jurisdiction In Cambodia

The objection system of commercial arbitration jurisdiction not only gives full protection to the rights of the parties,but also maintains the integrity and efficiency of the arbitration procedure,which is very important for the legitimacy of arbitration and the effectiveness of the arbitration award.This paper is divided into five chapters to make a special research on the objection system of commercial arbitration jurisdiction in Cambodia,hoping to attract scholars’ attention,and at the same time,it also provides reference for China’s arbitration legislation and practice.The first chapter is about the proposal and waiver of the objection of commercial arbitration jurisdiction in Cambodia.This paper systematically combs the subject and time limit of the objection of commercial arbitration jurisdiction in Cambodia,and makes a comparison and analysis based on international legislation and practice.This paper believes that the relevant system design in Cambodia not only protects the freedom of the parties to exercise their rights,but also guarantees the efficiency of the arbitration procedure as far as possible.The waiver clause of the right of objection is the legal basis for the waiver of right to jurisdiction objection in Cambodia;the waiver of right to object should meet certain applicable conditions and bear the corresponding legal consequences.Based on a comprehensive analysis of the current legislative situation of the waiver clause in Cambodia and the world,this paper holds that the purpose of the waiver clause is to ensure the smooth progress of arbitration and urge the parties to exercise their rights on time.In the second chapter,through a systematic review of the《THE COMMERCIAL ARBITRATION LAW OF THE KINGDOM OF CAMBODIA》、《THE CIVIL CODE OF CAMBODIA》、《LAW ON COMMERCIAL CONTRACTS OF CAMBODIA》,combined with the international conventions,the model law,the legislation of advanced countries and the theory and practice of commercial arbitration.This paper holds that the legal causes of objection to the jurisdiction of commercial arbitration in Cambodia mainly include the invalidity of arbitration agreement,dispute or matters of the award are beyond the scope of arbitration agreement and the matter in dispute is not subject to arbitration.The third chapter elaborates the right to decide the objection to jurisdiction.Based on the principle of Competence-Competence,this paper explains the theory and practice of arbitration jurisdiction objection decision.Cambodia has established the Competence-Competence of arbitration tribunal.The arbitration tribunal has the right to decide the objection to jurisdiction,and this part of paper analyzes the relevant procedures.The fourth chapter is the judicial review of the objection to the jurisdiction of Cambodian commercial arbitration.In the arbitration procedure,the relief system is set up for ruling on the arbitration tribunal’s jurisdiction objection,which can be submitted to the competent court for judicial review within 30 days,but the review does not affect the arbitration procedure.After the award is made,judicial review of jurisdictional objection can still be conducted in the procedure of setting aside and enforcement.As for the relief of recourse which means application for setting aside,Cambodia adopts the system of appeal,which is more reasonable than the system of reporting for approval in China.From the perspective of Cambodian and international legislation,the full relief and the backward intervention of judicial supervision ensures the independence,integrity,fairness and efficiency of arbitration procedure,reflecting the trend of international support for arbitration.The fifth chapter is a brief review and reference of Cambodia’s jurisdiction objection system.Cambodia has established the competence of arbitral tribunal to rule on its own jurisdiction which is also called Competence-Competence,and it has made systematic provisions on the objection of arbitration jurisdiction in advance,in the process and afterwards.Although it is not perfect and has the problem of corruption in practice,it still has its own characteristics.At the same time,it has a certain reference significance for China’s arbitration legislation and practice: establish the competence of arbitral tribunal to rule on its own jurisdiction which is also called Competence-Competence;improving the definition of objection to jurisdiction in China’s legislation;modifying the time limit for the submission of objection to arbitration jurisdiction;adopting a unified standard for recourse against arbitral award which means application for setting aside;and substituting the appeal system for the system of reporting for approval of judicial review.