CHANGES TO CORPORATE INFORMATION – KEY CONSIDERATIONS IN COMMERCIAL ARBITRATION PROCEEDINGS

Changes to an enterprise’s fundamental information, such as its name, registered office address, or legal representative, during the resolution of a dispute by arbitration may affect the validity of the service and receipt of procedural documents.

LEGAL COMMENTARY: COUNTERCLAIMS IN ARBITRAL PROCEEDINGS – DECISION NO. 07/2017/QĐ-PQTT OF THE PEOPLE'S COURT OF HANOI ON THE REFUSAL TO SET ASIDE AN ARBITRAL AWARD

In arbitral proceedings, the Respondent is entitled not only to submit a Statement of Defence in response to the Claimant's claims but also to bring counterclaims against the Claimant on matters related to the dispute. However, an independent claim by the Respondent may be considered and resolved by the Arbitral Tribunal only if it is submitted in the proper form and in accordance with the applicable procedures for counterclaims. Decision No. 07/2017/QĐ-PQTT of the People's Court of Hanoi provides a noteworthy practical example of the consequences arising when the Respondent raises a claim for damages in its Statement of Defence without submitting a separate Counterclaim.

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