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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?

CAN THE PARTIES REINITIATE PROCEEDINGS AFTER AN ARBITRAL AWARD IS SET ASIDE?

DOES AN ASSIGNMENT OF A RIGHT TO CLAIM ALSO TRANSFER THE ARBITRATION AGREEMENT?

Learn whether an assignee is bound by an arbitration agreement when contractual claims are assigned under Vietnamese law, with legal analysis and practical guidance.

PRE-ARBITRATION PROCEEDINGS: WHAT SHOULD BUSINESSES CONSIDER BEFORE COMMENCING ARBITRATION?

Learn the essential pre-arbitration steps, including reviewing arbitration agreements, preparing evidence, determining claims, and minimizing procedural risks before filing.