Legal Pathway for Direct Access to Arbitration Council
The Labor Law provides employers and employees a legal pathway for direct access to arbitration without undergoing intermediary conciliation. This was the message presented by Mr. Hans S. Hwang, Senior Director of Sok Xing & Hwang at the National Industrial Relations Conference organized by the Arbitration Council Foundation in conjunction with the Ministry of Labor and Vocational Training on 31 May.
Speaking to members of the business community, workers organizations, representatives of government and other industrial relations stakeholders, Mr. Hwang presented the legal argument for direct access to the Arbitration Council. In addition to the standard process for labor dispute resolution in Cambodia by which parties proceed first to conciliation before moving on to arbitration, the Labor Law allows parties to go directly to arbitration. According to Mr. Hwang, one of the key requirements for direct access is the parties’ agreement to proceed to arbitration.
The presentation of the alternative process for labor dispute resolution generated discussion and interest among the Conference audience, and the Arbitration Council Foundation announced it would consult with stakeholders on the process to strengthen access to dispute resolution services.