The University of Cambodia

SUBJECT: INTRODUCTION TO LAW (LAW101) PRESENTERS:

Topic: The Arbitration Council Mr. Sun Sima

Lecturer

Prak Sophorn
 Content
II. The Arbitration Council Structure

I. Introduction to AC
Conclusion

III. How the Arbitration Council works

 I. Introduction
What is the Arbitration Council?

 an external conflict resolution

body responsible for handling
human rights issues and settling
conflicts in the workplace by
mutual participation of
employees and employers.
II. The Arbitration Council Structure
 The Council has a tripartite
structure, which implies that it is
contained three arrangements of
Arbitrators named in equal
proportions by each of the three
stakeholder groups: unions,
employer associations and the
Ministry in charge of Labour.
III. How the Arbitration Council works
A. Mandate and composition
 The Council is mandated to resolve both
‘rights disputes’ – related to existing rights
under the law, employment contracts or
collective bargaining agreements, and
‘interests disputes’ – related to desired future
benefits (mostly in the context of collective
bargaining). It issues arbitral awards that are
–in principle– non-binding on the parties.
III. How the Arbitration Council works
B. The arbitration process
 Once a dispute arises, a
‘cooling-off’ period is
instituted during which parties
are required to undergo
conciliation and arbitration
before workers exercise their
right to strike (or employers
conduct a lock-out).
The arbitration process takes the following steps
Appointment of arbitral panel The Secretariat registers the case; facilitates the selection of an arbitration
panel; schedules and notifies parties of the hearing date; provides parties with
information on procedural matters; and acts as intermediary for all
communications between the panel and parties outside the hearing.

Preliminary discussions and interim orders If a strike or lock-out is in effect at that time, the panel can
issue an interim order, directing that the industrial action
cease so that the Arbitration Council process can proceed.

Arbitration At the hearing, the arbitration panel generally tries first to mediate the dispute. If this fails, the
panel proceeds with formal arbitration and informs the parties of the procedures for arbitration and
of their legal rights, including options for binding or non-binding arbitration. The panel hears the
parties’ claims and arguments and examines any witnesses or documents related to the case.

After the hearing, and within 15 days of receiving the case,

Issuance of arbitral award
the panel issues its decision in the form of an arbitral award.
The arbitration process takes the following steps
Enforcement of arbitral award

If the parties mutually agreed to binding arbitration,

the award will be immediately enforceable. If they did
not agree, then they have eight calendar days to file an
objection to the award via the Secretariat. A timely
objection means the award is unenforceable and
triggers the parties’ right to take industrial action (i.e.,
strike or lock-out) or, in the case of a rights dispute,
proceed to the court. If no timely objection is filed, the
award automatically becomes binding and
enforceable. Under the law, if either party refuses to
abide by an enforceable award, the other party can ask
the court to enforce the award.
THANK YOU!