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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.

COMMERCIAL AND BUSINESS DISPUTES WITHIN THE JURISDICTION OF ARBITRATION

Learn which commercial and business disputes can be resolved through arbitration, the legal requirements, and disputes excluded from arbitral jurisdiction.

DETERMINING THE PROCEDURAL STATUS OF PARTIES IN ARBITRATION PROCEEDINGS: A PRACTICAL PERSPECTIVE

Correctly determining the procedural status of parties is one of the essential conditions for ensuring the legality of dispute resolution through arbitration. If a person or entity that does not possess rights or obligations in the disputed legal relationship is improperly identified as a claimant or respondent, such misidentification may directly affect the parties’ right to be heard and may also constitute grounds for setting aside an arbitral award pursuant to Point (b), Clause 2, Article 68 of the 2010 Law on Commercial Arbitration (“LCA”).