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100 QUESTIONS AND ANSWERS ON COMMERCIAL ARBITRATION
100 Answers on Commercial Arbitration” is an in-depth publication developed by the MCAC Commercial Arbitration Center, systematically compiling 100 essential questions and answers on commercial arbitration. The material covers key aspects ranging from fundamental concepts, jurisdiction, and arbitral procedures to the legal effect and enforcement of arbitral awards.
This publication assists businesses, legal practitioners, and commercial individuals in properly understanding and effectively applying arbitration as a dispute resolution mechanism, in accordance with Vietnamese law and international practice.
DOES AN INVALID CONTRACT AFFECT THE ARBITRATION AGREEMENT?
In arbitral proceedings, it is common for one party to allege that the main contract is invalid (due to violation of law, sham transactions, mistake, or non-compliance with formal requirements...), and subsequently argue that the arbitration agreement within that contract is no longer valid.
DISTINGUISHING COMMERCIAL MEDIATION AND COMMERCIAL ARBITRATIO
In the context of increasingly diverse and complex commercial activities, the need for dispute resolution mechanisms that offer flexibility and efficiency has become more prominent than ever
HOW SHALL THE APPOINTMENT OF ARBITRATORS BE HANDLED WHEN THE PARTIES CANNOT REACH AN AGREEMENT?
The process of resolving commercial disputes through arbitration is founded on the fundamental principle of respecting the parties’ agreement. In practice, once a dispute arises, the parties often cannot agree on the arbitrator who will resolve the dispute. Accordingly, the following issue occurs: “If the parties fail to agree on the appointment of an arbitrator, how and by whom will the appointment be made?”
RESPONDENT’S FAILURE TO SUBMIT A STATEMENT OF DEFENSE OR ATTEND THE HEARING IN ARBITRAL PROCEEDINGS
Analysis of cases where the respondent fails to submit a statement of defense or is absent from the arbitral hearing session under the 2010 Law on Commercial Arbitration and the MCAC Rules of Arbitration.
IS AN ARBITRATION AGREEMENT CONCLUDED BY AN UNAUTHORIZED PERSON VALID?
Is an Arbitration Agreement Concluded by an Unauthorized Person Invalid? An Examination of the Grounds of Invalidity and the Exceptions Recognized by the Law on Commercial Arbitration 2010 and Resolution No. 01/2014/NQ-HDTP.