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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.
A PROPER UNDERSTANDING OF THE LIMITATION PERIOD FOR COMMENCING ARBITRATION PROCEEDINGS IN COMMERCIAL DISPUTES
In commercial transactions, the right to initiate legal proceedings is meaningful only if exercised within the statutory limitation period prescribed by law. Accordingly, the limitation period serves not only as a legal mechanism to ensure certainty and stability in commercial transactions but also as an incentive for parties to proactively protect their lawful rights and interests. In the context of commercial arbitration, the proper identification and application of the limitation period are of particular importance, as they directly affect a party's right to seek dispute resolution through arbitration.
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?