The Kingdom of Cambodia
I have a foreign judgment that I want to enforce and/or recognise in Cambodia, what are Cambodia's rules?
There are two steps to have a foreign judgment recognised and enforced in the courts of the Kingdom of Cambodia (Cambodia). First, an execution judgment must be obtained from a Cambodian court. Second, after the execution judgment is obtained, a request for enforcement of the execution judgment must be made.
In order to obtain an execution judgment, four threshold requirements must be met. Those requirements are set out in Cambodia's Civil Procedure Code, and are as follows:
- jurisdiction was properly conferred on the foreign court by law or by treaty
- the judgment debtor received service of summons or any other order necessary to commence the action, or responded without receiving such summons or order
- the contents of the foreign judgment and the procedures followed in the action do not violate the public order or morals of Cambodia
- there is a guarantee of reciprocity between Cambodia and the country of the foreign court.
As to the guarantee of reciprocity, it is the most difficult of the four requirements to meet. It appears that in order to satisfy the guarantee of reciprocity, there must be an agreement between Cambodia and the country of the foreign court regarding the recognition and enforcement of foreign judgments. Cambodia only has one such agreement, with Vietnam.
If your judgment was rendered by a court in Vietnam, then there are certain conditions additional to the above that must be met.
Those matters and more are set out in ABLI's Cambodia Country Report by Youdy Bun.
Who has contributed to ABLI's projects on Cambodia?
The following people have contributed to ABLI's projects on Cambodia:
See ABLI's Jurisdictional Guides for other Asian jurisdictions.