starkmonster wrote:Oops, posted my comment before I saw your latest one DT. Looks like this can't be salvaged, sorry to hear that.
Thanks anyway buddy.
Post by Jack Smith » Fri May 30, 2014 9:32 am
Post by Joon » Fri May 30, 2014 9:41 am
Post by Jack Smith » Fri May 30, 2014 10:57 am
You misspelled Noob - there is only one "O"Joon wrote:It sounds to me that OP is not a "noob."
But I reckon that the inability to visit the occupied part of the property should've tickled his radar. But the location and the vacant building are probably very good and he overlooked that.
Now it's more into damage control, and his specific question is about the possibility for him to go to jail because of the repairs (considered as damages by the landlady) they have done for the business.
OP, you said that you "heard" that she was going to file a criminal suit against you for damage to private property. Did she file a lawsuit as of today or not?
This might be a bluff on her side.
Also, if it seems that she is in the habit of conning other people, she should be flagged so that prospective business owners would avoid that place.
Post by penisjokeforaname » Fri May 30, 2014 12:00 pm
Post by scobienz » Fri May 30, 2014 12:20 pm
Walter White wrote: It's a wonder that multinational corporations are even locating in Cambodia, what with the pathetic state of the judicial system. How can you enforce the terms of a contract without resorting to bribery in the courtrooms? Most multinationals have strict rules regarding this, but I imagine having a Khmer partner who owns a piece of the government might be one way around this.
Post by MoodyMac » Fri May 30, 2014 12:45 pm
Post by Don-Pierre de Plume » Fri May 30, 2014 12:50 pm
I have been informed by different sources that it's not unusual after developing a profitable business on leased premises, to be thrown out one way or another and the business is taken over without any compensation.DT wrote:
...
Does anyone have any experience either first or third hand of this type of case?
...
Post by spitthedog » Fri May 30, 2014 1:03 pm
Don-Pierre de Plume wrote:I have been informed by different sources that it's not unusual after developing a profitable business on leased premises, to be thrown out one way or another and the business is taken over without any compensation.DT wrote:
...
Does anyone have any experience either first or third hand of this type of case?
...
Warning to others.
Post by Joon » Fri May 30, 2014 1:10 pm
That just reminded me that the establishment of commercial courts and commercial arbitration in Cambodia has been in waiting for a f'ing long time.scobienz wrote:Walter White wrote: It's a wonder that multinational corporations are even locating in Cambodia, what with the pathetic state of the judicial system. How can you enforce the terms of a contract without resorting to bribery in the courtrooms? Most multinationals have strict rules regarding this, but I imagine having a Khmer partner who owns a piece of the government might be one way around this.
Interesting comment Walter. The best advice that multinationals coming into Cambodia to do business with local partners is to ensure that the initial contracts include provision for settling any disputes arising in the Singapore International Arbitration Centre, to which Cambodia complies. Those that don't have then take pot luck with dealing with disputes in the Cambodian court system, with - frankly - it's untrained and corrupt judiciary. That is something to be avoided at all costs.
At the moment Cambodia doesn't have its own Arbitration centre, but it is in the process of being established and, in fact, many of Asia's leading arbitrators were in Cambodia a couple of months ago training locals in international arbitration and mediation skills.
The issue for most MNCs, though, is that even if they arbitrate in Singapore, they are still largely reliant on local courts to get enforcement of the Singapore ruling. Earlier this year, an international company successfully used a Cambodian court for enforcement of an international arbitral award for the very first time. Not a great record, but a step in the right direction.
Post by starkmonster » Fri May 30, 2014 1:12 pm
Post by scobienz » Fri May 30, 2014 1:18 pm
Joon wrote: That just reminded me that the establishment of commercial courts and commercial arbitration in Cambodia has been in waiting for a f'ing long time.
The Arbitration Council of Cambodia is only dealing with labor disputes at the moment (and not being really successful at it...)
Post by Joon » Fri May 30, 2014 1:27 pm
Post by rubberbaron » Fri May 30, 2014 1:29 pm