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
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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
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
SHIP COLLISION: PILOTAGE LIABILITY IN COASTAL SEAPORTS
Foreword Pilotage liability in ship collisions refers to the legal responsibility of pilots who guide ships through navigable waters, particularly in confined or challenging areas such as ports, narrow channels, or congested waterways. In coastal seaports, where the likelihood of collisions and accidents is increased, understanding pilotage liability is important. The first issue is to… Continue reading SHIP COLLISION: PILOTAGE LIABILITY IN COASTAL SEAPORTS
SHIP COLLISIONS: NAVIGATING LEGAL COMPLEXITIES AND GLOBAL CHALLENGES
Foreword Ship collisions are often devastating, causing extensive vessel damage, potential loss of life, environmental harm, and long-term legal consequences. Resolving such incidents involves complex negotiations, as parties aim to settle disputes and determine liability without resorting to costly litigation. Maritime law, intersecting with international trade and regulations, poses unique challenges, especially when jurisdictional uncertainties… Continue reading SHIP COLLISIONS: NAVIGATING LEGAL COMPLEXITIES AND GLOBAL CHALLENGES