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
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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”
VIETNAM – SHIPPING LAW PRACTICE: MARITIME ADMINISTRATION’S INVESTIGATIONS IN VESSEL COLLISIONS
Vessel impacts and vessel collisions are undesirable events that all parties strive to prevent during maritime operations, due to their unpredictable consequences. In Vietnam, vessel impacts and vessel collisions that result in losses are considered maritime accidents and may need to be investigated by the Maritime Administrations in accordance with the laws, upon decisions made… Continue reading VIETNAM – SHIPPING LAW PRACTICE: MARITIME ADMINISTRATION’S INVESTIGATIONS IN VESSEL COLLISIONS
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”
SHIPWRECK: RESOLUTION FOR INVOLVED DISPUTES
Foreword Navigating the sea waters of maritime law can be challenging, the removal of shipwrecks is a legally regulated process involving safety, environmental protection, and navigational interests. In Vietnam, this matter is primarily governed by the 2015 Maritime Code and Decree No. 05/2017/ND-CP. These legal instruments empower competent authorities to take necessary action when a… Continue reading SHIPWRECK: RESOLUTION FOR INVOLVED DISPUTES
NAVIGATING SHIP ARREST: SECURE TO CLAIM FOR PAYMENT OF REPAIR COSTS
Foreword In the maritime industry, vessel repair is a vital service that ensures the safe and continuous operation of ships. However, when disputes arise over unpaid repair fees, the legal remedies available to ship repairers may not be as straightforward as expected. Many repairers assume that they can arrest a vessel to secure payment, but… Continue reading NAVIGATING SHIP ARREST: SECURE TO CLAIM FOR PAYMENT OF REPAIR COSTS