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Within the framework of commercial arbitration, an arbitral award constitutes the final outcome of the arbitral proceedings and is final and binding upon the parties. In practice, however, after an award has been rendered, certain technical errors, ambiguities in wording, or omissions of claims duly submitted by the parties during the proceedings may arise. In order to remedy such deficiencies without altering the substantive nature of the award, the Law on Commercial Arbitration 2010 (LCA 2010) permits the correction, interpretation, and supplementation of arbitral awards in specific circumstances.
The article provides a detailed analysis of legal regulations on the grounds for setting aside commercial arbitral awards, current inadequacies, and orientations for legal improvement in Vietnam
Explore a detailed analysis of the latest amendments in the Draft Law on Commercial Arbitration. Discover changes in jurisdiction and the future of dispute resolution in Vietnam with MCAC.
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.
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with formal requirements...), and subsequently argue that the arbitration agreement within that contract is no longer valid.
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