The Asia-Pacific Arbitration Review 2022
Dispute Resolution / Legal insights
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January 01, 2022
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Arbitration developments in Vietnam: adapting to global challenges
Accreditation: An extract from GAR’s The Asia-Pacific Arbitration Review 2022, first published in June 2021. The whole publication is available at https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2022
In summary
The covid-19 pandemic together with the rapid development of e-commerce has focused attention
on online dispute resolution and virtual hearings. However, these solutions may result in legal and practical
impediments in Vietnam. The Supreme People’s Court set an arbitration-related precedent involving consumer disputes in 2020 and the government has issued more guidelines to prevent the emergence of high-stake investment treaty arbitrations.
Discussion points
• Legal and practical impediments to conducting virtual hearings during the covid-19 pandemic
• Parties skipping pre-arbitration steps under a multitiered arbitration agreement when these steps are no
longer feasible (Decision No. 02/2020/QD-PQTT of the Hanoi People’s Court)
• Actual knowledge versus constructive knowledge of non-compliance to waive the right to object during
setting-aside proceedings (Decision No. 163/2020/QD-PQTT of the Ho Chi Minh City People’s Court)
• Courts reaching inconsistent views on the discretion of arbitral tribunals in fact-finding
• Precedent No. 42/2021/AL of the Supreme People’s Court, the first arbitration-related precedent involving
a consumer dispute
• The government’s solutions to pre-empt the surge of investment treaty arbitration
Referenced in this article
• Law No. 54/2010/QH12 on Commercial Arbitration, issued on 17 June 2010
• Law No. 59/2010/QH12 on Protection of Consumer Rights
• Precedent No. 42/2021/AL announced by the Supreme People’s Court
• Decision No. 163/2020/QD-PQTT of Ho Chi Minh City People’s Court dated 12 February 2020
• Decision No. 02/2020/QD-PQTT of Hanoi People’s Court dated 23 April 2020
• Decision No. 04/2020/QD-PQTT of Hanoi People’s Court dated 29 May 2020
• Decision No. 09/2020/QD-PQTT of Hanoi People’s Court dated 16 September 2020
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Document(s):
The link on the official website: https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2022
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