Foreword Maritime commerce operates through intricate contractual chains: shipowners charter to head charterers, who sub-charter to sub-charterers, who arrange cargo transportation for cargo interests, all backed by insurers at multiple levels. When disputes erupt such as a cargo damage claim, a collision, or a charter party breach, these contractual chains fracture into parallel proceedings across… Continue reading SUBMISSION AGREEMENTS AS A SOLUTION FOR MULTI-PARTY MARITIME DISPUTES
Thẻ: #Arbitration
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”
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”
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
[A SERIES OF ARBITRATION NOTES] EPISODE 11 | Active Promotion of Mediation Under the SIAC Rules 2025 – Rules 32.4 and 50.2
Abstract: The Singapore International Arbitration Centre (SIAC) has unveiled its 2025 Rules, introducing significant advancements aimed at enhancing the efficiency and flexibility of arbitration. Notably, Rules 32.4 and 50.2 actively promote the use of mediation as a complementary dispute resolution mechanism. These provisions reflect a growing international trend toward integrating mediation within arbitration frameworks, offering… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 11 | Active Promotion of Mediation Under the SIAC Rules 2025 – Rules 32.4 and 50.2
[A SERIES OF ARBITRATION NOTES] EPISODE 10 | SIAC RULES: EMERGENCY ARBITRATOR AND EMERGENCY ARBITRATION PROCEDURE UNDER SIAC RULES 2025
Foreword In international arbitration, parties often require urgent relief before the full arbitral tribunal is constituted. To address this need, many arbitral institutions, including the Singapore International Arbitration Centre (“SIAC”), have introduced the Emergency Arbitrator (“EA”) mechanism under Rule 12.1 of the SIAC Rules 2025, as its dedication to a more efficient and modern framework… Continue reading [A SERIES OF ARBITRATION NOTES] EPISODE 10 | SIAC RULES: EMERGENCY ARBITRATOR AND EMERGENCY ARBITRATION PROCEDURE UNDER SIAC RULES 2025