News

NO ARBITRATION CLAUSE IN THE CONTRACT: CAN THE DISPUTE STILL BE RESOLVED BY ARBITRATION?

Under Vietnamese law, the inclusion of an arbitration clause in a contract is not a prerequisite for establishing arbitral jurisdiction. Rather, arbitral jurisdiction is determined based on the existence of a valid arbitration agreement between the parties. Such an agreement may be concluded either before or after a dispute arises.

Accordingly, the absence of an arbitration clause in a contract does not necessarily mean that the dispute must be resolved by a court. If the parties subsequently enter into a valid arbitration agreement in accordance with the law, the dispute may still fall within the jurisdiction of commercial arbitration.

ATTENDING AN ARBITRATION HEARING AT MCAC: LEGAL FRAMEWORK AND PRACTICAL CONSIDERATIONS

The arbitral hearing is a crucial stage in the arbitration proceedings, providing the parties with an opportunity to directly present their arguments, clarify their claims, counterclaims, statements of defense, and explain the documents and evidence before the Arbitral Tribunal. To participate effectively and minimize legal risks, parties should pay attention to the following key issues.

GENERAL PROVISIONS ON THE SERVICE OF NOTICES AND DOCUMENTS AT MCAC

SPECIAL TOPIC: AN ARBITRATION AGREEMENT CONCLUDED BY A PERSON WITHOUT AUTHORITY TO ACT AS THE LEGAL REPRESENTATIVE

An Arbitral Tribunal under Arbitration Center X resolved a dispute arising from Interior Design and Construction Contract No. 25/2012/HĐKT/TGĐ.OZ between Anh & Quan Company (the Respondent) and OZ Company (the Claimant). The Construction Contract was signed by Mr. Toshio, who was not the legal representative of Anh & Quan Company.

WHAT CONDITIONS MUST BE SATISFIED TO CONSOLIDATE MULTIPLE DISPUTES INTO A SINGLE ARBITRATION PROCEEDING?

The consolidation of multiple disputes refers to the process whereby two or more separate arbitral proceedings are combined and resolved within a single arbitration, either before the same Arbitral Tribunal or a newly constituted tribunal. The primary objectives of this mechanism are to avoid duplicative proceedings, reduce procedural costs, expedite dispute resolution, and prevent the issuance of conflicting arbitral awards.

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.