On 2nd November 2023, the King of the Royal Government of Cambodia issued the Royal Decree No. NS/RKT/1123/2381 on the Establishment, Organization and Functioning of the National Authority for Alternative Dispute Resolution (Royal Decree or this Royal Decree).

This Royal Decree aims to be additional mechanism to the existing dispute resolution system in Cambodia and it aims to promote the quality, efficiency and swiftness of dispute resolution, via reconciliation outside the court system. This Royal Decree also aims to reduce the case jam at the Cambodian courts and push the dispute resolution system nearer to the people in the community.

The National Authority for Alternative Dispute Resolution (NAADR) shall have jurisdiction on civil, commercial and other disputes via reconciliation between the parties, except for the disputes which cannot be subject to conciliation as determined by laws. This NAADR shall be resided over by a Deputy Prime Minister and other relevant members.

NAADR shall have some of these roles and responsibilities, including preparing policy, strategic plan, principle, mechanism and other regulations for alternative dispute resolution; impose the ethnical code and other dispute resolution mechanisms; accept disputes for resolutions; follow up; issuing report and other roles provided by the Head of the Royal Government.

Dispute resolution in the framework of NAADR shall be conducted through conciliation. Disputes that are subject to conciliation within the authority of the NAADR including civil, commercial, and other disputes based on the laws shall be ended depending on the free will of the disputing parties. Conciliation within the framework of the NAADR could not be conducted for a criminal offense, except permitted by laws.

NAADR may review and resolve complaints of natural or legal persons in accordance with the conditions set out in this Royal Decree. After completing conciliation, NAADR shall prepare a report of the outcome of the conciliation for the court that referred the case to the NAADR.

In the event that the dispute cannot be resolved by conciliation, NAADR shall refer the case back to the court to resume the proceedings in accordance with the applicable laws and procedures. The disputing parties shall also have the right to request the court to resume the proceedings in the event that the disputing parties perceive that the conciliation at the NAADR would not be appropriate.