Arbitration
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The Arbitration Agreement in Vietnam
- 18 March 2025
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- by Stephen Le
A well-drafted arbitration agreement is the foundation of effective dispute resolution. What makes an arbitration agreement valid? How do Vietnamese courts interpret them? In this in-depth analysis, Stephen Le breaks down the key elements of arbitration agreements in Vietnam—from enforceability and arbitrability to judicial enforcement and the rule of separability. Understanding these nuances is crucial for businesses navigating dispute resolution.
Arbitration Clauses in Contracts: Are They Enforceable in Vietnam?
- 11 March 2025
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- by Stephen Le
Arbitration is an increasingly popular dispute resolution method used in commercial contracts to avoid lengthy court proceedings. Many businesses in Vietnam include arbitration clauses in their contracts, believing they offer a faster, more confidential, and expert-driven alternative to litigation. However, not all arbitration clauses are automatically enforceable, and some can be challenged or deemed invalid in court. This article explores the legal framework governing arbitration in Vietnam, the enforceability of arbitration clauses, common challenges in enforcement,...
Navigating Arbitration Jurisdiction In Vietnam With Court Intervention And Third-Party Challenges
- 12 December 2024
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- by Stephen Le
Jurisdiction in arbitration is a pivotal aspect that determines whether a dispute can be resolved through arbitration rather than traditional court litigation. In Vietnam, the arbitration jurisdiction framework, governed by the Vietnamese Law on Commercial Arbitration (VLCA), emphasizes the autonomy of arbitral tribunals while balancing judicial oversight. This includes specific rules for challenging tribunal authority, the scope of arbitrable disputes, and the circumstances under which courts may intervene. Understanding these nuances is critical for businesses seeking...
International Arbitration: A Growing Trend In Vietnam
- 09 December 2024
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- by Stephen Le
Interested in how international arbitration is shaping Vietnam’s legal landscape? From its growing role in key industries like construction and energy to the rising prominence of institutions like VIAC, arbitration offers flexibility, confidentiality, and enforceability for cross-border disputes. Our latest article by Lê Hoàng Chương (Stephen) dives into the benefits, challenges, and opportunities of arbitration in Vietnam, exploring why it’s becoming the preferred choice for resolving complex commercial disputes.
How International Arbitration Works: A Comprehensive Guide
- 05 December 2024
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- by Stephen Le
International arbitration has become a cornerstone for resolving cross-border commercial disputes. By providing neutrality, flexibility, and enforceability, it addresses many concerns associated with litigation in foreign jurisdictions. Vietnam’s integration into global markets has further highlighted the significance of international arbitration, particularly for businesses in industries like construction, energy, and finance. This article offers a comprehensive overview of how international arbitration works, enhanced with actionable insights to help businesses navigate arbitration effectively. What is International Arbitration? International...
How Generative AI Is Shaping the Future of Arbitration
- 20 November 2024
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- by Stephen Le
Curious about how generative AI is transforming arbitration? From streamlining document reviews to predicting outcomes, our Lead Litigator Lê Hoàng Chương (Stephen) explores the opportunities and challenges AI brings to dispute resolution. Discover how Vietnam is beginning to embrace this technology and what it means for the future of arbitration.
The Role of Mediation and Arbitration in Vietnam’s Commercial Litigation Landscape
- 11 October 2024
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- by Stephen Le
In the complex world of commercial law, disputes are an inevitable byproduct of business growth and cross-border transactions. While traditional litigation remains a staple of legal recourse, many companies are now seeking alternative paths to resolve conflicts more efficiently and discreetly. Mediation and arbitration, two key methods within alternative dispute resolution (ADR), offer a strategic way for businesses to navigate commercial disputes while maintaining control over outcomes, confidentiality, and preserving valuable relationships. As these mechanisms gain...
Arbitration vs Court: Which Should You Pick in a Commercial Dispute?
- 08 October 2024
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- by Stephen Le
Are you familiar with arbitration clauses? We break down the advantages and disadvantages of arbitration proceedings and tell you why it is a go-to for global corporations in the resolution of commercial disputes.
Decision No. 16.2019.QDKDTM-ST. Requirements for Recognition and Enforcement in Vietnam of Foreign Arbitral Awards
- 10 April 2024
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- by Vania Van
Decision No. 16.2019/QDKDTM-ST Claimant: U Company, Philippines. Stakeholders: D Steel Joint Stock Company Regarding: Requirements for recognition and enforcement in Vietnam of Foreign Arbitrators Case Summary On 12/06/2017, U Company in the Philippines and D Steel Joint Stock Company based in Vietnam signed a purchase and sale contract for 6000 tons of high-grade billet steel with a contract value of 2.43 million USD. During the performance of the contract, D Steel Company did not deliver goods...
Decision No. 786/2022/QD-PQTT. Request for Cancellation of Arbitral Award in Dispute over Service Fee Payment
- 10 April 2024
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- by Vania Van
Decision No.: 786/2022/QD-PQTT Requesting Party: F Real Estate Joint Stock Company Party with Related Rights and Obligations: C Limited Liability Company Regarding: Request for an annulment of an arbitral award in a dispute over service fee payment. Facts of the case On January 11, 2020, C Limited Liability Company (C LLC) and F Real Estate Joint Stock Company (F JSC) signed a Letter of Intent for consulting and valuation services for a land area of 52,095.5...
Decision No. 755/QD-PQTT: Request for Annulment of Arbitral Award in Dispute Violating Confidentiality and Non-Compete Agreement
- 10 April 2024
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- by Vania Van
Decision No: 755/2018/QD-PQTT Requesting party: Ms. Do Thi Mai T. Party with related rights and obligations: X LLC Regarding: Request for annulment of arbitral award in dispute violating confidentiality and non-compete agreement Facts of the Case X LLC and Ms. Do Thi Mai T. entered into a fixed-term employment contract for 12 months, from October 10, 2015, to October 31, 2016. The position on offer was Head of the Recruitment Department. On October 21, 2015, X...
Decision No. 06/2018/QĐ- PQTT Requesting Annulment of Arbitral Award in Dispute Arising After Termination of Construction Contract
- 10 April 2024
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- by Vania Van
Decision No: 06/2018/QĐ- PQTT Requesting Party: Limited Liability Company VL Electric Building Related Party: Joint Stock Company Creative and NMT Regarding: Request for annulment of arbitral award in dispute arising after termination of construction contract Facts of the case: On June 16, 2009, VL Electric Building Limited Liability Company and Creative and NMT Joint Stock Company entered into a construction contract, Contract XL 3.2/2009/VLBC, to construct a hotel and office building for lease in Vientiane, Laos....
