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The process of resolving commercial disputes through arbitration is founded on the fundamental principle of respecting the parties’ agreement. In practice, once a dispute arises, the parties often cannot agree on the arbitrator who will resolve the dispute. Accordingly, the following issue occurs: “If the parties fail to agree on the appointment of an arbitrator, how and by whom will the appointment be made?”
Analysis of cases where the respondent fails to submit a statement of defense or is absent from the arbitral hearing session under the 2010 Law on Commercial Arbitration and the MCAC Rules of Arbitration.
Is an Arbitration Agreement Concluded by an Unauthorized Person Invalid? An Examination of the Grounds of Invalidity and the Exceptions Recognized by the Law on Commercial Arbitration 2010 and Resolution No. 01/2014/NQ-HDTP.