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The Asia-Pacific Arbitration Review 2023

Dispute Resolution / Legal insights | June 01, 2022 | By
The Asia-Pacific Arbitration Review 2023

Accreditation: An extract from GAR’s The Asia-Pacific Arbitration Review 2023. The whole publication is available at https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2023

In summary

This chapter provides an overview of the key developments on commercial and investor-state arbitration in Vietnam. It explores some recent decisions of the Vietnamese courts during the setting-aside procedure, giving broad effect to arbitration agreements but having diverse views on whether to revisit the matter of the limitation period, which was decided by the arbitral tribunal. The available statistics show that the rejection ratio during the recognition and enforcement procedures of foreign arbitral awards has significantly decreased.

Discussion points

• The binding effect of an arbitration clause exchanged during the negotiation of a contract that has eventually not been concluded

• Setting aside of arbitral awards based on the grounds relating to the limitation period

• Recognition and enforcement of foreign arbitral awards, including investor-state arbitral awards

Referenced in this article

• 2010 Law on Commercial Arbitration (Law No. 54/2010/QH12)

• 2015 Civil Procedure Code (Law No. 92/2015/QH13)

• Decision No. 03/2020/QD-GQKN dated 28 May 2020 of the Hanoi People’s Court

• Decision No. 1063/2021/QD-PQTT dated 25 October 2021 of the HCMC People’s Court

• Decision No. 1156/2021/QD-PQTT dated 23 November 2021 of the HCMC People’s Court

• Decision No. 141/2021/QD-PQTT dated 27 January 2021 of the HCMC People’s Court

• Decision No. 533/2021/QD-PQTT dated 20 April 2021 of the HCMC People’s Court

• Decision No. 11/2018/QD-PQTT dated 12 October 2018 of the Hanoi People’s Court

Contributor(s):

Nguyen Ngoc Minh

Nguyen Thi Mai Anh

Document(s):

Download the document

The link on the official website: https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2023/article/vietnam

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