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ISSUES ON COMMERCIAL ARBITRATION REFLECTED IN DECISION NO. 1062/2022/QĐ-PQTT DATED 14 JULY 2022 OF THE HO CHI MINH CITY PEOPLE'S COURT
An analysis of Decision No. 1062/2022/QĐ-PQTT issued by the Ho Chi Minh City People's Court concerning the annulment of an arbitral award due to procedural violations and inconsistency with the fundamental principles of Vietnamese law.
DEFENDANT’S “SILENCE” IN ARBITRATION PROCEEDINGS: DOES IT RESULT IN THE LOSS OF THE RIGHT TO DEFEND?
Does a respondent's silence or absence in commercial arbitration mean a forfeiture of their right to self-defense? Discover the legal consequences under Vietnam's LCA 2010.
ARBITRATION COSTS IN ARBITRAL PROCEEDINGS: WHAT BUSINESSES NEED TO KNOW
When considering commercial arbitration as a dispute resolution mechanism, many businesses often ask the following questions: Is arbitration expensive? Who is responsible for paying the arbitration costs? How are such costs determined?
In practice, many businesses assume that resolving disputes through arbitration is always more costly than litigation before the courts. However, this perception does not fully reflect the nature of arbitration or the legal framework governing the determination and allocation of arbitration costs under the law and the procedural rules of each arbitral institution.
CHECKLIST FOR DRAFTING ARBITRATION CLAUSES: COMMON ISSUES TO NOTE
An arbitration clause directly impacts dispute resolution. Learn 5 common drafting mistakes and explore a model arbitration clause for businesses.
AMBIGUOUS ARBITRATION CLAUSES: INSIGHTS FROM DISPUTE RESOLUTION PRACTICE
An ambiguous arbitration agreement may be understood as an agreement in which the parties have expressed their intention to resolve disputes through arbitration, but the wording, language, or content of the agreement is contradictory, insufficiently clear, lacking in transparency, or omits essential elements necessary to identify the applicable form of arbitration or a specific arbitral institution.
WHY SHOULD BUSINESSES ESTABLISH AN ARBITRATION CLAUSE FROM THE CONTRACT FORMATION STAGE?
Commercial arbitration operates based on the voluntary agreement of the parties. Therefore, the jurisdiction of commercial arbitration arises entirely from the parties’ agreement. The arbitration agreement is the legal basis giving rise to the arbitral tribunal’s authority over a specific dispute. The 2010 Law on Commercial Arbitration affirms that: “Disputes shall be resolved by arbitration if the parties have an arbitration agreement.”