Logo of Phnom Penh Post newspaper Phnom Penh Post - Commercial Court could function ‘as early as 2024’: Justice ministry officials

Commercial Court could function ‘as early as 2024’: Justice ministry officials

Content image - Phnom Penh Post
Justice ministry adviser Ly Tayseng remarks at the AmCham Business Law Conclave: Critical Updates That You Need to Know for 2023 on February 3. Yousos Apdoulrashim

Commercial Court could function ‘as early as 2024’: Justice ministry officials

A Ministry of Justice official said that a Commercial Court could be established and put into action as soon as 2024.

Addressing the February 2 "AmCham Business Law Conclave: Critical Updates That You Need to Know for 2023" in Phnom Penh, justice ministry secretary of state Chiv Songhak said that the ministry has established a commission to launch the court, in accordance a January 21, 2021 directive.

This commission, he said, was tasked with preparing legal documents and regulations pertaining to the establishment of the lower and higher courts, deciding on a location for the court buildings, and determining the legal definition of commercial conflict.

He added that the commission had convened several meetings to lay out the necessary action plans and key concepts. The court aims to be independent, transparent and efficient.

“A corruption-free commercial court will provide easy access to the parties to any disputes and will resolve the cases quickly,” he said.

He explained that the commission has drafted a law on commercial procedures, as well as proposed a location for the physical structure of the court.

Content image - Phnom Penh Post

“The court – in Phnom Penh – will be independent of the provincial courts, including the financial administration. The commission is also drawing up a proposed jurisdiction for the new court, in the hope that it will resolve nationwide contract disputes, bankruptcy cases, intellectual property cases and international trade tax cases,” he said.

He added that the commission has identified some points of law which current legislation says are the purview of the Phnom Penh and provincial Courts. The commission has highlighted this, among other issues, as potential roadblocks to the establishment of the new judicial facility.

“First, we do not have adequate human resources. Second, we do not have legal documents relating to the commercial court. Third, no legal procedures relating to the commercial court have been established. Fourth, we have not yet defined precisely which disputes will fall under its jurisdiction,” he said.

Songhak added that the justice ministry was determined to overcome these challenges and establish the court.

The court will have two levels – the Commercial Court and a Commercial Court of Appeal. Further appeals will be the responsibility of the Supreme Court.

Content image - Phnom Penh Post

Ly Tayseng, an adviser to the Ministry of Justice, confirmed that the court could be functioning by 2024.

“Preparation requires more than just legislation and documents. We need a physical location. If we can select a site and begin construction as soon as possible, it is possible that we will complete it in a year,” he said.

He said the establishment of the Commercial Court was not a simple task, but the ministry specialists were prepared to dedicate themselves to overcoming any barriers they encountered.

In 2021, Cambodia promulgated a law on investment which encouraged clear and specific protection mechanisms for investors in Cambodia. The government is also pushing for the development of policy and strategy documents in several commercial sectors, including garment manufacturing, electronic vehicles, tourism and energy supply.


  • Ministry orders all schools, public and private, to close for SEA Games

    From April 20 to May 18, all public and private educational institutions will be closed to maintain order and support Cambodia's hosting of the 32nd SEA Games and 12th ASEAN Para Games, said a directive from the Ministry of Education, Youth and Sport. Cambodia will host the

  • Almost 9K tourists see equinox sunrise at Angkor Wat

    Nearly 9,000 visitors – including 2,226 international tourists – gathered at Angkor Wat on March 21 to view the spring equinox sunrise, according to a senior official of the Siem Reap provinical tourism department. Ngov Seng Kak, director of the department, said a total of 8,726 people visited Angkor Wat to

  • Angkor Beer strengthens national pride with golden new look and fresher taste

    Angkor Beer – the "Gold of Angkor" – has a new look, one that is more stylish and carries a premium appeal, as well as a fresher taste and smoother flavour, making it the perfect choice for any gathering. Angkor Beer recently launched its new design, one

  • PM urges end to ‘baseless’ international Ream base accusations

    Prime Minister Hun Sen urges an end to “baseless” foreign accusations surrounding the development of the Kingdom’s Ream Naval Base, as the US has consistently suggested that the base is being expanded to accommodate a Chinese military presence. Hun Sen renewed his calls while

  • Khmer ballet documentary debuts April 1

    A new documentary, The Perfect Motion, or Tep Hattha in Khmer, will premiere to the public on April 1. The documentary film follows two intertwined storylines: the creation of a show called Metamorphosis by the late Princess Norodom Buppha Devi (her very last production) and the

  • Water supply authority assures public shortages over early ‘24

    The Phnom Penh Water Supply Authority (PPWSA) asked for understanding from Phnom Penh residents in some communes where water pressure is weak. They assured residents that all supply issues will be resolved by early 2024, but have suggested that residents use water sparingly in the meantime.