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CONFIDENTIALITY - A DISTINCTIVE ADVANTAGE OF ARBITRAL PROCEEDINGS
In commercial activities, disputes may affect not only the rights and legitimate interests of the parties but also their reputation, business relationships, trade secrets, and competitive position. Accordingly, in addition to procedural flexibility, efficiency, and the finality of arbitral awards, confidentiality is widely regarded as one of the principal reasons why parties choose commercial arbitration as their preferred dispute resolution mechanism.
A PROPER UNDERSTANDING OF THE LIMITATION PERIOD FOR COMMENCING ARBITRATION PROCEEDINGS IN COMMERCIAL DISPUTES
In commercial transactions, the right to initiate legal proceedings is meaningful only if exercised within the statutory limitation period prescribed by law. Accordingly, the limitation period serves not only as a legal mechanism to ensure certainty and stability in commercial transactions but also as an incentive for parties to proactively protect their lawful rights and interests. In the context of commercial arbitration, the proper identification and application of the limitation period are of particular importance, as they directly affect a party's right to seek dispute resolution through arbitration.
10 COMMON LATIN TERMS IN INTERNATIONAL ARBITRATION
For ease of reference and research into certain Latin terms used in international commercial arbitration, MCAC presents in this article 10 commonly used Latin terms in international commercial arbitration, compiled and introduced by Lawyer and Arbitrator Kieu Anh Vu.
CAN THE EXCHANGE OF A STATEMENT OF CLAIM AND A STATEMENT OF DEFENCE GIVE RISE TO AN ARBITRATION AGREEMENT?
However, there are many cases where the contract contains no arbitration clause, the arbitration clause fails to clearly identify the arbitral institution, or a disagreement arises as to the existence of an arbitration agreement. In such circumstances, a legal question arises: Can the exchange of a Statement of Claim and a Statement of Defence during the arbitral proceedings give rise to or establish an arbitration agreement?
WHAT CAN THE SUCCESSFUL PARTY DO IF THE OTHER PARTY FAILS TO COMPLY WITH AN ARBITRAL AWARD?
After an arbitral tribunal issues an arbitral award, the parties are obliged to voluntarily comply with the award in accordance with its terms. In practice, however, the party against whom the award is made may delay or deliberately refuse to perform its obligations. This raises an important question for many businesses: If the losing party fails to voluntarily comply with the arbitral award, what should the winning party do to protect its lawful rights and interests?
