Danh mục: Case update

S Investment JSC v. Q JSC—Decision No. 2542/2023/QĐ-PQTT INTRODUCTION The Court of Ho Chi Minh City issued a decision to set aside an award rendered by an Arbitral Tribunal under the Vietnam International Arbitration Centre (“VIAC”), based on a finding that the Arbitral Tribunal had breached fundamental principles of Vietnamese law by rendering an arbitral… Continue reading RETROSPECTIVE LEGAL CONFLICT: ARBITRAL AWARD SET ASIDE DUE TO POST-AWARD DISCOVERY OF LEGAL PROCEEDINGS

A -v- B Construction and Materials JSC [2021] HCMC Court Decision Case No. 92/2021/TLST-KDTM INTRODUCTION This case concerns a petition to set aside Arbitral Award No. 04/2021/PQ-TT dated 27 May 2021, issued by the Arbitral Tribunal of the Ho Chi Minh City Comercial Arbitration Centre (“TRACENT”), in a dispute between B Construction and Materials JSC… Continue reading STATUTE OF LIMITATIONS AND ARBITRAL AWARDS SETTING ASIDE – LESSONS FROM A HO CHI MINH CITY COURT DECISION

G Joint Stock Company -v- PST Pte. Ltd. [2022] HCMC Court Decision No. 101/2022/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, which had been the Respondent in the arbitration. The Court of Ho Chi Minh City set aside the… Continue reading COURT SETS ASIDE ARBITRAL AWARD FOR “VIOLATION OF ARBITRATOR IMPARTIALITY AND PRINCIPLES OF CONSUMER PROTECTION”

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”