NO ARBITRATION CLAUSE IN THE CONTRACT: CAN THE DISPUTE STILL BE RESOLVED BY ARBITRATION?

Under Vietnamese law, the inclusion of an arbitration clause in a contract is not a prerequisite for establishing arbitral jurisdiction. Rather, arbitral jurisdiction is determined based on the existence of a valid arbitration agreement between the parties. Such an agreement may be concluded either before or after a dispute arises. Accordingly, the absence of an arbitration clause in a contract does not necessarily mean that the dispute must be resolved by a court. If the parties subsequently enter into a valid arbitration agreement in accordance with the law, the dispute may still fall within the jurisdiction of commercial arbitration.

ATTENDING AN ARBITRATION HEARING AT MCAC: LEGAL FRAMEWORK AND PRACTICAL CONSIDERATIONS

The arbitral hearing is a crucial stage in the arbitration proceedings, providing the parties with an opportunity to directly present their arguments, clarify their claims, counterclaims, statements of defense, and explain the documents and evidence before the Arbitral Tribunal. To participate effectively and minimize legal risks, parties should pay attention to the following key issues.

GENERAL PROVISIONS ON THE SERVICE OF NOTICES AND DOCUMENTS AT MCAC