Arbitration

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Enforcement of Foreign Courts’ Judgements and Arbitral Awards in Vietnam

  • 29 August 2021
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  • by Stephen Le

Vietnam’s Code of Civil Procedure (CCP) provides that before any judgement, decision or foreign arbitral award of a foreign court or arbitration center (foreign court judgements or arbitral awards) to take effect in Vietnam, it is required to be approved by the Vietnamese Court and must be recognized and enforceable under the laws of Vietnam. However, not all foreign court judgements or arbitral awards of said description will be accepted and considered  by the Courts in...

Do ‘Unconditional Bonds’ Perform as Intended? What are the Solutions to Prevent the Bond from Being Dishonored

  • 16 August 2021
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  • by Stephen Le

Unconditional Bonds are critical to commercial transactions and construction projects. They guarantee the interests of a contractual party in the event of a default such as failure to pay or carry out obligatory performance. Nevertheless, there are many disputes over unconditional bonds involving beneficiaries who could not obtain the payment, either due to the bank dishonoring the bond agreement or litigious actions by the debtors. This Insight explores the effectiveness of Unconditional Bonds in Vietnam and...

Judgement Enforcement in Vietnam

  • 12 May 2020
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  • by Stephen Le

Obtaining a court judgement or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgement or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgement or arbitral award can be enforced will determine the real winner of the lawsuit. The Booklet of ‘Judgement Enforcement in Vietnam’ will help you...

Arbitration’s Jurisdiction Over Non-Disclosure Agreement

  • 26 June 2019
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  • by Hannah Huynh

Early in 2018, i.e. on February 19th, 2018, the Vietnam International Arbitration Center (‘VIAC’) issued Arbitral Award No.75/17 HCM (‘Arbitral Award 75′) concerning a dispute over a Non-Disclosure and Non-Compete Agreement (‘NDA’) between Company X (plaintiff – employer) and Ms. Do Thi Mai T (defendant – employee).  According to Arbitral Award 75, the VIAC made a judgment in favor of Company X and compelled the employee to compensate Company X for her violation of the signed...

Replacement of an Arbitrator Due to Conflict of Interest

  • 10 July 2018
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  • by Stephen Le

In this Insight, we would like to share a real-life situation regarding the impartiality, independence and objectivity of arbitrators in an arbitral tribunal which we encountered during the process of resolving a commercial dispute at an arbitration center in Vietnam.  Although this situation may have been unique to this particular arbitration center, we believe the facts have potential applicability to all arbitration disputes. Arbitration Facts In this case, we represented BS Company in a lawsuit against...

Should you choose Arbitration instead of Court for Dispute Resolution?

  • 01 April 2018
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  • by Stephen Le

Similar to judicial proceedings in a court, arbitration is a form of dispute resolution. The process involves one or more arbitrator(s) acting as independent, impartial adjudicator(s) who issues a final binding judgment to end the dispute.  Arbitration, however, has some unique characteristics that are distinct from adjudication in court: Which cases may the parties resolve a dispute by arbitration? A dispute can be subject to arbitration if it arises from commercial activities and there is a...

Strategies for Effectively Filing a Lawsuit – A Guide to Establishing Efficient and Successful Litigation

  • 31 January 2018
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  • by Stephen Le

Filing a lawsuit is the initial step in the litigation proceedings to protect the violated rights and benefits.  Elaborate preparation for the litigation lays a solid foundation for effectively performing litigation strategies throughout the entire litigation proceedings, and helps you to achieve the purpose of the litigation at minimum costs.  Therefore, you should carefully consider the following factors: In order to construct a well-drafted statement of claim, you should carefully consider the following factors. Who should...