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News
WHY SHOULD BUSINESSES ESTABLISH AN ARBITRATION CLAUSE FROM THE CONTRACT FORMATION STAGE?
Commercial arbitration operates based on the voluntary agreement of the parties. Therefore, the jurisdiction of commercial arbitration arises entirely from the parties’ agreement. The arbitration agreement is the legal basis giving rise to the arbitral tribunal’s authority over a specific dispute. The 2010 Law on Commercial Arbitration affirms that: “Disputes shall be resolved by arbitration if the parties have an arbitration agreement.”
STATEMENT OF DEFENSE OF THE RESPONDENT IN ARBITRATION PROCEEDINGS AT MCAC
In commercial arbitration proceedings, the Statement of Defense is one of the key documents presenting the respondent’s position, arguments, and legal grounds in response to the claimant’s claims. This is not only a procedural right but also an important basis for the Arbitral Tribunal to fully consider the parties’ opinions before rendering an award.
COUNTERCLAIMS IN ARBITRATION PROCEEDINGS: CAN THE RESPONDENT “SUE BACK” THE CLAIMANT?
In the process of resolving disputes through commercial arbitration, many respondents believe that they are merely in the position of being sued and may only provide responses or objections to the claimant’s claims. However, under the law and the Arbitration Rules, respondents are fully entitled to bring claims against the claimant through a Counterclaim.
IDENTIFICATION OF TYPES OF ARBITRATION AGREEMENTS IN PRACTICE
A guide to identifying types of arbitration agreements in practice. Learn the detailed distinction between arbitration clauses and independent agreements.
LEGAL FEES IN ARBITRATION PROCEEDINGS: ARE THEY REIMBURSABLE?
In arbitration proceedings in Vietnam, legal fees are actual expenses incurred when parties engage lawyers for advice and representation in dispute resolution. However, unlike certain legal systems that apply the principle that “the losing party bears all costs,” Vietnamese law does not provide an absolute rule on the reimbursement of legal fees in arbitration.
BENEFITS AND RISKS OF USING ARTIFICIAL INTELLIGENCE IN ARBITRATION
The rapid development of Artificial Intelligence (AI) is fundamentally transforming the manner in which disputes are resolved in international commerce. In this context, the Chartered Institute of Arbitrators issued the Guideline on the Use of AI in Arbitration in 2025, with a view to establishing guiding principles for the transparent and responsible deployment of AI in arbitral proceedings.