Commercial Arbitration
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Can You Choose Your Arbitrator? The Law on Arbitration Selection in Vietnam
- 28 March 2025
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- by Stephen Le
Choosing an arbitrator isn’t just a matter of preference—it’s a matter of compliance, fairness, and enforceability. Parties have autonomy, but the law sets the boundaries. But what happens when parties can’t agree? When do courts step in? In this analysis, Stephen Le breaks down the key legal limits, default procedures, and the role of the courts in maintaining a fair arbitration system. Read the full analysis to ensure your arbitration agreements stand up to legal scrutiny.
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.
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.
Understanding Commercial Arbitration in Vietnam: Key Concepts and Procedures
- 31 October 2024
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- by Stephen Le
Commercial arbitration has emerged as a cornerstone of dispute resolution for businesses in Vietnam, allowing for swift and private resolutions outside the often lengthy litigation process. Arbitration is especially popular among international businesses operating in Vietnam, as it provides a flexible and enforceable way to address disputes that aligns with global practices. This article explores the foundational aspects and procedures of commercial arbitration in Vietnam, explaining why it’s often the preferred choice over litigation for resolving...
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...
Decision No. 11/2023/QD-PQTT Re: Request to Annul Arbitration Award Related to Partnership Contract Dispute
- 12 June 2024
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- by Vania Van
Decision No.: 11.2023/QD-PQTT Requesting Party: T Investment Joint Stock Company Related Party: ABSOLUTE HOTEL SERVICE I Re: Request to Annul Arbitration Award Related to Partnership Contract Dispute Facts of the case According to the case file, Absolute Hotel Service I (“A”) is a foreign hotel brand management company established under the laws of Hong Kong and a subsidiary of A Group, a major hotel management group in Thailand. T Investment Joint Stock Company (“Company T”)...
Decision No. 01/2018/QD-PQTT: Request to Annul the Arbitral Award Due to Improper Application of The Law on The Statute of Limitations for Initiating Lawsuits
- 12 June 2024
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- by Vania Van
Decision No. 01/2018/QD-PQTT Claimant: Ke Company. Ltd Stakeholders: Syalie Company, Syalie 2 Company Regarding: Request to annul the arbitral award due to improper application of the law on the statute of limitations for initiating lawsuits Case Summary On 22/01/2009, KE Company. Ltd (KE Company) is the main contractor of Keangnam Hanoi Landmark Tower Project which has signed a contract for the design, engineering, supply and installation of the outer aluminum layer with the Consortium of...
Decision No. 08/2021/QD-PQTT: Request to annul arbitral award due to incomplete contract negotiation
- 12 June 2024
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- by Vania Van
Decision No. 08/2021/QD-PQTT Claimant: HTK Company Limited Stakeholders: DTL Corporation Regarding: Request to annul arbitral award due to incomplete contract negotiation Case Summary On 12/12/2018, DTL issued the bidding dossier for package No. 11 of the content of procurement of imported coal for a trial run and operation of the expanded VT 4 thermal power plant. HTK Company was granted a bid guarantee by the Joint Stock Commercial Bank for Investment and Development of...
Decision No: 163/2020/QĐ-PQTT: Request to annul the arbitration award due to the appointment of the Chairman of the Arbitration Council being unauthorized
- 11 June 2024
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- by Vania Van
Decision No: 163/2020/QĐ-PQTT Requesting Party: A.I.C Management Consulting Co., Ltd. Related Party: Meito Vietnam Co., Ltd. Re: Request to annul the arbitration award due to the appointment of the Chairman of the Arbitration Council being unauthorized Facts of the case On September 10, 2015, A.I.C Management Consulting Co., Ltd. (Company A) and Meito Vietnam Co., Ltd. (Company M) entered into a consultancy agreement for design services and construction management services for the Mega Cold Storage...
Decision No. 786/2022/QD-PQTT. Request for Cancellation of Arbitral Award in Dispute over Service Fee Payment
- 06 June 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
- 06 June 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. 1185/2022/QD-PQTT regarding: Request for the Annulment of the Arbitral Award in the Dispute Regarding the Settlement of the Construction Contract.
- 05 June 2024
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- by Vania Van
Decision No. 1185/2022/QD-PQTT Requesting Party: Limited Liability Company for Construction, Production, and Trade T Party with related Rights and Obligations: Construction Corporation H Joint Stock Company Regarding: Request for the Annulment of the Arbitral Award in the Dispute Regarding the Settlement of the Construction Contract. Facts of the case: Limited Liability Company for Construction, Production, and Trade T (Company T) acted as the Investor, and Construction Corporation H Joint Stock Company (Company H) acted as the...
