The Arbitration Council

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.

• Arbitrators from Ministry List
•  Arbitrators from Employer List
• Arbitrators from Employee List
• Professional Guidelines of the Arbitration Council for Labour Dispute Resolution in Cambodia

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).

Arbitrators are appointed based on their moral qualities and relevant and extensive work experience. Current members come from a diverse range of employment backgrounds including the law, unions and employer associations, management, academia and the public service. 

“..The arbitrators are independent, have a high level of professional training, and enjoy prestige among the legal community.”

                                                            [Pathways to Justice, UNDP & Ministry of Justice Report, 2005]

Arbitrators from the Ministry List

1. Mr. Ang Eng Thong
2. Mr. Kim-Yeat Dararith
   
3. Mr. Kong Phallack
   
4. Mr. Koy Neam
   
5. Mr. Men Nimmith
   
6. Mr. Nhean So Munin
   
7. Mr. Pen Bunchhea
   
8. Mr. Run Saray
   
9. Dr. Sok Mathoeung
10. Mr. Tan Try

Arbitrators from the Employer List

1. Mrs. Chhiv Phyrum
2. Mr. Hem H. Naryth
   
3. Mr. Ing Sothy
   
4. Mr. Kao Thach
   
5. Mr. Kol Vathana
   
6. Mr. Ly Tayseng
   
7. Mr. Mar Samborana
   
8. Mr. Ouk Ry
   
9. Mr. Seng Vuochhun
   
10. Ms. You Suonty

Arbitrators from the Employee List

1. Ms. Ann Vireak
   
2. Mr. An Nan
   
3. Mr. Huon Chundy
   
4. Mr. Liv Sovanna
   
5. Mrs. Sin Kim Sean
   
6. Mr. Song Vansinn
   
7. Mr. Suong Sophal
   
8. Mr. Tuon Siphann
   
9. Mr. Ven Pov
   
10. Mr. Vong Vanna

Growth of Cambodian economy

From the mid to late 1990s Cambodia experienced tremendous growth and change as the country emerged from 30 years of civil conflict. The garment industry and its workforce rapidly expanded, increasing from 20,000 workers in 1995 to approximately 330,000 workers in 2008. Other sectors of the economy such as tourism and construction also began to emerge as local and overseas confidence grew. 

Industrial unrest

These positive developments were accompanied by new problems - notably increased numbers of strikes and industrial disputation. To this end, Cambodia needed a credible and efficient dispute prevention and settlement system that had the confidence of all the parties. Without it, labour disputes were likely to continue escalating and social progress was unlikely to be sustainable.

Bilateral Trade Agreement and the Labour Law

In January 1999 Cambodia and the US concluded a bilateral trade agreement. Under the agreement the US promised Cambodia better access to US markets in exchange for improved working conditions in the garment sector.  It was in this context that the International Labour Organization (ILO) began the Labour Dispute Resolution Project, one of the objectives of which was to ensure an effective system to arbitrate labour disputes. The ILO Project assisted the industrial relations stakeholders – the Royal Government of Cambodia (through the Ministry of Labour), employers associations and unions – in the establishment of a new arbitration tribunal, an institution which was provided for in the 1997 Labour Law, but had not yet been operationalised.

Establishment of the Arbitration Council

The Arbitration Council opened its doors in May 2003 with broad powers under the Labour Law and related Prakas (Ministerial decree) to resolve labour disputes in Cambodia.

At the launch of the Arbitration Council in 2003, His Excellency Ith Samheng, the Minister of Labour in Cambodia from 1993 to 2004, declared:

“The Arbitration Council is this country’s first modern arbitral institution [and it] will open a new chapter in Cambodia’s industrial relations history. With the opening of the Arbitration Council we are witnessing the debut of a new dispute settlement framework which will assist workers and employers in building harmonious workplace relations by providing for the efficient, independent, and expert adjudication of labour disputes.”

Today, the Arbitration Council lives up to that promise and continues to play a significant role in the effective resolution of labour disputes in Cambodia. The Council is supported administratively by the Secretariat of Arbitration Council  and financially and technically by the Arbitration Council Foundation .

Statistics

Over the period of 1 May 2003 to 31 December 2008, the Arbitration Council received over 650 cases. The yearly caseloads for this period are shown in the table below.  These cases involved enterprises employing a total of more than 540,000 workers, the large majority of them women. 

The success rates have remained steady; of the 653 cases received through December 2008, 68 percent were reported as resolved successfully.  The ACF considers a successful outcome to be one where the Arbitration Council has either:

a)     facilitated an agreement between the parties to settle the dispute;

b)    issued an award which (even if it was opposed) has been fully or substantially implemented to resolve the dispute; or

c)     issued an award which (although it was opposed) has formed the basis for a post-award settlement between the parties and which resolves the dispute.