Foreword Maritime commerce operates through intricate contractual chains: shipowners charter to head charterers, who sub-charter to sub-charterers, who arrange cargo transportation for cargo interests, all backed by insurers at multiple levels. When disputes erupt such as a cargo damage claim, a collision, or a charter party breach, these contractual chains fracture into parallel proceedings across… Continue reading SUBMISSION AGREEMENTS AS A SOLUTION FOR MULTI-PARTY MARITIME DISPUTES
Danh mục: Arbitration
APPOINTING ARBITRATORS IN AD HOC ARBITRATION: COMPARATIVE LEGAL PERSPECTIVES AND IMPLICATIONS FOR VIETNAM
Foreword Arbitration is becoming increasingly favored in both international and domestic commercial practice. Businesses and investors now prefer arbitration over litigation because it offers flexibility, confidentiality, and cross-border enforceability. Within this broad framework, ad hoc arbitration has attracted particular attention for the high degree of autonomy it grants to the disputing parties. It allows them… Continue reading APPOINTING ARBITRATORS IN AD HOC ARBITRATION: COMPARATIVE LEGAL PERSPECTIVES AND IMPLICATIONS FOR VIETNAM
PARTIES TO AN ARBITRATION AGREEMENT
Foreword An arbitration agreement, while fundamentally a contractual arrangement, operates within a unique hybrid framework that blends contractual principles with procedural rules of arbitration law, as well as the parties’ personal laws. The effectiveness of an arbitration agreement hinges not only on its form and scope, but also on whether the parties have the legal… Continue reading PARTIES TO AN ARBITRATION AGREEMENT
THE DOCTRINE OF ARBITRABILITY OF DISPUTE IN VIETNAM
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
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
COURT SETS ASIDE ARBITRAL AWARD FOR “VIOLATION OF ARBITRATOR IMPARTIALITY AND PRINCIPLES OF CONSUMER PROTECTION”
G Joint Stock Company -v- PST Pte. Ltd. [2022] HCMC Court Decision No. 101/2014/TLST-KDTM INTRODUCTION This was a challenge to an arbitral award issued by the Vietnam International Arbitration Centre (“VIAC”), brought by G Joint Stock Company (“G JSC“), which had been the Respondent in the arbitration. The Court of Ho Chi Minh City set… Continue reading COURT SETS ASIDE ARBITRAL AWARD FOR “VIOLATION OF ARBITRATOR IMPARTIALITY AND PRINCIPLES OF CONSUMER PROTECTION”
COURT SETS ASIDE AN ARBITRAL AWARD DUE TO THE “ABSENCE OF ARBITRATION AGREEMENT” AND “DISPUTE IS NOT WITHIN THE JURISDICTION OF THE ARBITRAL TRIBUNAL”
D Entertainment Investment Services Company Limited (Company D) v. V Joint Stock Company (Company V) [2023] Ba Ria–Vung Tau People’s Court, Decision No 02/2023/QĐ-PQTT The parties had agreed to a business cooperation to run an electronic gaming club for foreign patrons inside a hotel in Vung Tau. Controversies appeared, and they exchanged letters/emails to terminate… Continue reading COURT SETS ASIDE AN ARBITRAL AWARD DUE TO THE “ABSENCE OF ARBITRATION AGREEMENT” AND “DISPUTE IS NOT WITHIN THE JURISDICTION OF THE ARBITRAL TRIBUNAL”
ARBITRATION UNDER LMAA RULES
Foreword In this age of international commerce, arbitration stands to be the ubiquitous way to resolve disputes, not just among commercial parties, but also between commercial parties and governments. In following the change towards globalization of world trade and investment, arbitration practices between different institutions in different countries have developed to become more harmonized. Thus,… Continue reading ARBITRATION UNDER LMAA RULES
[A SERIES OF ARBITRATION NOTES] EPISODE 12| SIAC NEW RULES FOR 2025| Change Of Representatives
Introduction The landscape of international arbitration continues to evolve as institutions strive to balance procedural flexibility with certainty and fairness. One particularly nuanced area gaining increasing attention is the regulation of changes in party representation during arbitral proceedings. The Singapore International Arbitration Center‘s (SIAC) latest rules revision introduces significant modifications to how changes in representation… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 12| SIAC NEW RULES FOR 2025| Change Of Representatives