Interview with Charles Amar Partner at ATHIPA Law Firm
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This week, EuroCham's Communication Officer, Vosumtey SENG, interviewed Charles Amar, Partner at ATHIPA Law Firm. Charles, a French lawyer with nearly two decades of experience, shares his journey from France to Cambodia and reflects on his extensive legal career in real estate and construction law. He discusses the differences in legal practices between Europe and Southeast Asia, key legal considerations for foreign investors entering Cambodia's real estate market, and the evolving legal landscape in response to urbanisation and foreign investment.
Sumtey: You have an extensive legal career spanning nearly two decades, working in France and Cambodia. Can you share a bit about your journey—what brought you to Cambodia, how long you have been here?
Charles: I am a French lawyer born and raised in Paris. After graduating from the Sorbonne University and obtaining the Paris Bar, I worked for ten years in the real estate and construction department of some of the best law firms in France. I was assisting clients on their real estate, construction and hospitality projects in France and in Europe.
I was very happy with my life and career until 2015 when the terrorist attacks occurred in Paris. Then, I decided to resign and leave France for a safer country and at that time South-East Asia, and in particular Cambodia, was an obvious choice. I knew this country, having visited a few times before moving there.
Since my first day, I fell in love with the beauty of the country and the kindness of its people and this feeling hasn’t changed since that day. It’s been now ten years that I’m living in Cambodia and I feel that Cambodia is my second home.
Sumtey: Having worked at top international law firms such as Linklaters, Paul Hastings, and King & Wood Mallesons, what insights can you share about the differences in legal practice between Europe and Southeast Asia?
Charles: Legal practice in Europe and Southeast Asia have notable differences due to different legal traditions, regulatory environments, and cultural contexts.
Indeed, considering the long history of European countries and their important legislation, regulations, and case precedents, it is much more common for clients to ask for legal assistance in order to navigate in this very complex system and to ensure the safety of the transaction and the parties. Contracts are also generally more sophisticated in Europe due to the complexity of the projects and the important regulatory environments.
Also, technology such as AI is starting to play an important role in the legal industry, especially in the United States and in Europe compared to South East Asia.
Sumtey: With your extensive experience in real estate law across multiple jurisdictions, including Cambodia and France, what are the key legal differences that foreign investors should be aware of when entering the Cambodian real estate market?
Charles: One of the main differences for foreign investors looking to enter the Cambodian real estate market is that foreigners are prohibited from acquiring land and properties in Cambodia. They can only purchase flats in co-owned buildings provided, in particular, that foreign ownership does not exceed 70% of the total units in the co-owned building.
However, they can acquire land and properties through a land holding company subject that the foreign investor is a minority shareholder holding a maximum of 49% of the shares of the company. Another option for foreigners is to rent land and properties through long term lease.
This is one of the main differences between France and Cambodia as such restriction does not exist in France.
Sumtey: Given your previous role as Vice-Chairman of the EuroCham's Real Estate and Construction Committee, how do you see Cambodia’s legal landscape evolving in response to rapid urbanisation and foreign direct investment in infrastructure projects?
The Cambodian legal and regulatory landscape has evolved a lot over the last five years in the real estate and construction sectors. Many new regulations have been adopted with the aim to ensure the quality, safety and protection of the construction and its neighbouring properties as well as the people involved in the construction, the users and the public.
The Cambodian Government has made a lot of efforts to enhance transparency and digitalisation in order to bring confidence for investors.
I felt very lucky to serve as Vice-Chairman of the Real Estate and Construction Committee of Eurocham as it gave me the opportunity to be closer to the Royal Government and to share my knowledge and expertise. This Committee has played an important role over the years by sharing to the Cambodian Government, through the White Book, various recommendations and by informing the private sector of the new regulations applicable in Cambodia. It also contributes to the growth of the country in a secure legal environment.
Sumtey: You have also contributed to academia as a lecturer in Construction Law. How do you think legal education in Cambodia can be further developed to prepare the next generation of lawyers for the country’s growing real estate and construction sectors?
Charles: Considering the growth of the real estate and construction sectors in the Cambodian economy, as well as the number of regulations adopted in these sectors, it is very important to prepare the next generation of lawyers.
In this respect, I will recommend first to develop specialised courses in universities focusing on real estate and construction. This is why, after the promulgation of the construction law, I decided to become a lecturer at the Royal University of Law and Economics of Phnom Penh where I teach about construction law in Cambodia and compare it with French Construction Law.
Secondly, it is important to develop trainings as they help to bridge the gap between theoretical knowledge and practical application. Based on my experience, internships in specialised departments of law firms or in legal department of major companies involved in these sectors can be very helpful.
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