Oh v. S Company Limited – Decision No. 28/2020/QĐKDTM-PT of the High Court in Ho Chi Minh City The High Court in Ho Chi Minh City has refused to recognize and enforce a Korean appellate judgment concerning a dispute arising from the transfer of 100% equity in a Vietnamese company whose assets included land-use rights,… Continue reading VIETNAMESE SUPREME COURT DECLINES RECOGNITION OF KOREAN APPELLATE JUDGMENT CONCERNING A FULL EQUITY TRANSFER INVOLVING LAND-USE RIGHTS
Danh mục: Case update
COURT REFUSES TO RECOGNISE CIETAC AWARD FOR BREACH OF FUNDAMENTAL LEGAL PRINCIPLES UNDER VIETNAMESE LAW
JNH Industry Company Limited v. Minh Son Construction and Commercial Joint Stock Company – Decision No. 03/2022/QDST-KDTM, Hai Phong City Court, 28 September 2022 This case concerns a request by a Chinese company, JNH Industry Company Limited (“JNH”), for recognition and enforcement in Vietnam of a foreign arbitral award rendered by the China International Economic… Continue reading COURT REFUSES TO RECOGNISE CIETAC AWARD FOR BREACH OF FUNDAMENTAL LEGAL PRINCIPLES UNDER VIETNAMESE LAW
RECOGNITION AND ENFORCEMENT OF THE GUANGZHOU ARBITRAL AWARD BETWEEN JIN YE AND SHENGLI (REFRACTORY MATERIALS SUPPLY DISPUTE)
Quyết định: số 09/2024/KDTM-GĐT ngày 11/06/2024 của Tòa án nhân dân tối cao Yêu cầu công nhận và cho thi hành tại Việt Nam phán quyết của Trọng tài nước ngoài – Yêu cầu công nhận và cho thi hành tại Việt Nam bản án quyết định kinh doanh, thương mại của Tòa án nước… Continue reading RECOGNITION AND ENFORCEMENT OF THE GUANGZHOU ARBITRAL AWARD BETWEEN JIN YE AND SHENGLI (REFRACTORY MATERIALS SUPPLY DISPUTE)
KIEN GIANG COURT RECOGNISES AND ENFORCES HONG KONG INTERNATIONAL ARBITRATION CENTRE AWARD IN LOAN AGREEMENTS DISPUTE
Midas Keep Limited v Epizode Company Limited [2024] Kien Giang People’s Court, Decision No. 07/2023/QDST-KDTM By First-Instance Decision No. 07/2023/QĐST-KDTM dated 28 December 2023, the Kien Giang People’s Court addressed Midas Keep Limited (“Midas Keep”)’s application to recognise and enforce in Viet Nam a foreign arbitral award rendered in Hong Kong International Arbitration Centre (“HKIAC“)… Continue reading KIEN GIANG COURT RECOGNISES AND ENFORCES HONG KONG INTERNATIONAL ARBITRATION CENTRE AWARD IN LOAN AGREEMENTS DISPUTE
HANOI PEOPLE’S COURT REFUSES APPLICATION TO SET ASIDE ARBITRAL AWARD IN A HULL INSURANCE DISPUTE
BM Training and Crewing Joint Stock Company v BHBĐ Insurance Joint Stock Corporation; BHQD Insurance Joint Stock Corporation [2023] People’s Court of Ha Noi, Decision No. 10/2023/QĐ-PQTT The dispute arose from a hull insurance policy for vessel MN07 (policy period 07/07/2020 to 06/07/2021, premium payable in four instalments). The vessel encountered a marine peril and… Continue reading HANOI PEOPLE’S COURT REFUSES APPLICATION TO SET ASIDE ARBITRAL AWARD IN A HULL INSURANCE DISPUTE
WHEN EFFICIENCY MEETS PARTY AUTONOMY: CROSS-BORDER ENFORCEMENT RISKS IN ICC EXPEDITED ARBITRATION
U Company Limited v. D Steel Joint Stock Company – Decision No. 16/2019/QĐKDTM-ST dated 27 November 2019 of the Da Nang City Court This case concerns a request for recognition and enforcement in Vietnam of a foreign arbitral award in a commercial matter. The Da Nang City Court considered the request filed by U Company… Continue reading WHEN EFFICIENCY MEETS PARTY AUTONOMY: CROSS-BORDER ENFORCEMENT RISKS IN ICC EXPEDITED ARBITRATION
DECISION OF THE HO CHI MINH CITY COURT TO SET ASIDE A VIAC ARBITRAL AWARD – AN EXAMPLE OF HOW VIETNAMESE COURTS INTERPRET THE CONCEPT OF FUNDAMENTAL PRINCIPLES OF VIETNAMESE LAW
This case is a typical example of an application to set aside an arbitral award under the 2010 Law on Commercial Arbitration of Vietnam. The dispute centered on the VIAC Arbitral Tribunal’s decision requiring K Company Limited (“K”) to compensate R Clinic and Dr. E International Co. Ltd (“E”) a substantial sum calculated on the… Continue reading DECISION OF THE HO CHI MINH CITY COURT TO SET ASIDE A VIAC ARBITRAL AWARD – AN EXAMPLE OF HOW VIETNAMESE COURTS INTERPRET THE CONCEPT OF FUNDAMENTAL PRINCIPLES OF VIETNAMESE LAW
HO CHI MINH CITY COURT UPHOLDS VIAC AWARD ENFORCING NDA ESTABLISHED DURING THE EMPLOYMENT PERIOD
Company X v Ms Do Thi Mai T [2018] HCM City People’s Court, Decision No 755/2018/QD-PQTT The employer (Company X) and its former Head of Recruitment, Ms. Do Thi Mai T had executed a confidentiality and 12-month post-employment agreement (Non-disclosure & Non-Compete Agreement (NDCA) that named VIAC arbitration. After Ms. T allegedly violated the covenant,… Continue reading HO CHI MINH CITY COURT UPHOLDS VIAC AWARD ENFORCING NDA ESTABLISHED DURING THE EMPLOYMENT PERIOD
HO CHI MINH CITY PEOPLE’S COURT SETS ASIDE ARBITRAL AWARD IN A CASHEW NUTS SALE DISPUTE
Company M v. Company S [2023] People’s Court of Ho Chi Minh City, Decision No. 696/2023/QD-PQTT The Seller – Company M and the Buyer – Company S entered into Contract No. 1-21 and Schedule No. 1-21 in 2021 for the purchase and sale of cashew nuts of the 2021 crop season, with payment on a… Continue reading HO CHI MINH CITY PEOPLE’S COURT SETS ASIDE ARBITRAL AWARD IN A CASHEW NUTS SALE DISPUTE
COURT SET ASIDE ARBITRAL AWARD DUE TO ARBITRAL TRIBUNAL’S ERRONEOUS IN APPLYING THE PRINCIPLE OF KNOWLEDGE WITHOUT OBJECTION TO THE AUTHORITY TO CONCLUDE AN ARBITRATION AGREEMENT
[2019] Ho Chi Minh City Court, Decision No. 1098/2019/QD-PQTT BACKGROUND This dispute arose from a service contract between SG Company Limited (“SSY”—the Award Debtor) and VL Company Limited (“VL”—the Award Creditor) signed in 2013, which contained an arbitration agreement selecting the Vietnam International Arbitration Centre (“VIAC”) as the dispute resolution authority. During the performance of… Continue reading COURT SET ASIDE ARBITRAL AWARD DUE TO ARBITRAL TRIBUNAL’S ERRONEOUS IN APPLYING THE PRINCIPLE OF KNOWLEDGE WITHOUT OBJECTION TO THE AUTHORITY TO CONCLUDE AN ARBITRATION AGREEMENT