Foreword The evolution of arbitration in decades has expanded the application of arbitration to various fields of law, reflecting the willingness of legislatures worldwide in favor of an alternative dispute resolution to the national court. Vietnam does not stand outside this trend, as the recent legislation reform introduces a significant legal framework for the expansion… Continue reading THE DOCTRINE OF ARBITRABILITY OF DISPUTE IN VIETNAM
Tháng: Tháng Chín 2025
ARBITRATION: VALIDITY OF AN ARBITRATION AGREEMENT
Foreword The validity of an arbitration agreement often serves as a critical gateway: without a valid arbitration agreement, arbitral tribunals lack jurisdiction, and any resulting award may be set aside or denied enforcement. Therefore, it is essential to examine whether an arbitration agreement meets the legal requirements imposed under international conventions and domestic arbitration laws.… Continue reading ARBITRATION: VALIDITY OF AN ARBITRATION AGREEMENT
ARBITRATION: RESCUING DEFECTIVE ARBITRATION CLAUSES: LEGAL APPROACHES TO INOPERABILITY
Foreword Arbitration has become a widely preferred method for resolving commercial disputes thanks to its flexibility, neutrality, and enforceability. The effectiveness of arbitration depends largely on the clarity and enforceability of the arbitration agreement. In practice, many disputes arise from clauses that are poorly drafted or incomplete – commonly known as pathological arbitration clauses –… Continue reading ARBITRATION: RESCUING DEFECTIVE ARBITRATION CLAUSES: LEGAL APPROACHES TO INOPERABILITY