VLP Legal Press #14
Dispute Resolution
What to Do When You Realize You’re in a Dispute
Disagreements happen—even with solid contracts. Whether it’s a payment issue or a contract gone sideways, knowing your next move is everything. Learn how to protect your position, communicate wisely, and resolve disputes under Cambodian law—without letting things spiral.
What’s the first thing I should do when I sense a dispute?
Pause and collect all evidence: Save and read contracts, receipts, emails, messages, and any documents related to the issue. Don’t delete anything—this could be vital later.
Should I try to talk to the other party first?
Yes. Start with clear, respectful communication. Most disputes can be solved by a simple conversation or email. It’s often the fastest and least expensive route.
What if informal talks don’t work?
Send a written demand or notice – with reference to the signed contract is even better. Outline what went wrong, what you expect (e.g., payment or fix), and set a deadline. This shows you're serious without jumping straight to court.
Are there any options for me to resolve the dispute?
Yes—traditional and formal ADR methods are widely used.
Negotiation or local conciliation is culturally common—often mediated by community figures or trusted persons.
Mediation is a voluntary, confidential process where a neutral mediator helps parties reach a mutually acceptable settlement without imposing decisions. It’s offered by NCAC (civil/commercial) and the Ministry of Labor (labor disputes) and is flexible, relationship-focused, and binding only if formally agreed.
Commercial arbitration is a private process where disputes are resolved by an arbitrator or tribunal whose decision is final and enforceable. Institutions like NCAC (commercial) and the Arbitration Council (labor) handle cases quickly, with confidentiality and limited grounds for appeal.
National Authority for Alternative Dispute Resolution is a body established under the Ministry of Justice, resolving civil and commercial disputes outside the court system. It offers flexible procedures and produces enforceable outcomes if parties agree.
Courts are formal, public forums where judges issue binding judgments following strict legal procedures. The decisions carry full legal authority and enforceability.
Why is court often the last resort for resolving disputes in Cambodia?
While Cambodian courts are a vital part of the justice system, parties often see litigation as a last resort due to:
Lengthy procedures that can take months or years
Costs of litigation and enforcement
Complexity of legal process and need for legal representation
Risk of strained business or personal relationships from formal court action
Parties may try negotiation, mediation, or arbitration first to save time, cost, and relationships.
What should I consider before deciding to go to court?
Weigh factors like:
Time and cost of litigation
Strength of your evidence
Likelihood of winning
Whether a settlement or mediation might be faster
What happens if I file a complaint at a court?
Filing starts the formal dispute process.
Submit a written complaint to the First Instance Court with details on:
Parties' names and addresses
What went wrong (facts)
What you want (your claim)
Attach supporting documents (evidence). The court stamps and registers it.
Which court handles my case?
Generally, the court in the jurisdiction of the defendant. This includes the defendant’s domicile, place of business, or where the dispute occurred.
What happens after the complaint is filed?
Court reviews and serves the complaint to the defendant.
Within ~30 days, parties attend a preparatory hearing to outline key issues and evidence.
Then comes the main hearing, where both sides present their case and evidence.
How does it end, and can I appeal?
The court issues a judgment. If you win, you may need to enforce it through an execution order via the court or bailiffs.
If you lose, you can appeal:
First to the Court of Appeal (fact and law)
Finally, to the Supreme Court (usually legal questions only)
This is for general reference only and does not constitute legal advice. For further guidance, contact us at: