Procedures
A Japanese-assisted Civil Procedure Code, in force since 2007
Cambodia's Code of Civil Procedure (2006, in force 2007) and Civil Code (2007, in force 2011) were drafted with extensive Japanese technical assistance, giving Cambodian civil law a distinctly Japanese-influenced structure rather than the French colonial inheritance one might expect. Courts of First Instance sit in each province, with appeal to the Court of Appeal and the Supreme Court.
Governing law
- Code of Civil Procedure, 2006 — In force 2007; Japanese-assisted drafting.
- Civil Code, 2007 — In force December 2011.
In practice
Proceedings begin by complaint to the Court of First Instance of the defendant's residence. Appeal lies to the Court of Appeal on fact and law, and to the Supreme Court on law. The Civil Code sets a general five-year prescription period for contractual claims. Commercial arbitration is available through the National Commercial Arbitration Centre. Because the codes are recent and Japanese-derived, older French-era commentary is not a reliable guide. Enforcement of judgments is the recognised weak point; the NCAC arbitration route is often preferred in commercial contracts.