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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

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

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

[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

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”