2022 08 February

Nishant Choudhary Quoted in Cambodia Investment Review Article on NCAC’s First-ever Interim Award

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Nishant Choudhary (Partner) was recently quoted in an article published in the Cambodia Investment Review: NCAC’s emergency arbitrator issues the first-ever interim award.

On 1 February 2022, the National Commercial Arbitration Centre (“NCAC“) announced that an emergency arbitrator issued an interim award at the first-ever emergency arbitration proceeding administered by the institution. In this article, key industry experts give their opinion on this Cambodia first-ever interim award which involved a local and a foreign parties from the real estate sector.

Cambodia’s arbitration framework still needs to align with international standards and has yet to adopt the 2006 amendments made to the Model Law which specifically deals with the enforcement of interim measures. Nishant expresses his concerns over enforceability in the future and finds similarities with Japan’s arbitration framework: “This means that parties in Japan can currently only resort to seeking damages at the time the final award is rendered for any violation of an interim measure, rather than being able to take advantage of interim measures that may be enforceable by the courts. As Cambodian courts do not regularly provide public access to their judgments and decisions, the technical details of their reasoning remain relatively unknown, and it is not possible to predict with certainty how they will act when faced with a motion for an execution ruling of an interim arbitral award.”

We invite you to read the full article to find out more: “NCAC’s emergency arbitrator issues the first-ever interim award” > https://cambodiainvestmentreview.com/2022/02/06/ncacs-emergency-arbitrator-issues-the-first-ever-interim-award/

 

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