1. Provisions on Arbitral Awards Pursuant to the provisions of the Law on Commercial Arbitration, Clause 10, Article 3 of this Law stipulates as follows: “An arbitral award is the decision of the Arbitral Tribunal that resolves the entire content of the dispute and terminates the arbitral proceedings.” And as provided in Clause 5, Article
Methods and Procedures for the Enforcement of Arbitral Awards Read More »
1. Understanding the Arbitration Center Pursuant to the provisions of Article 27 regarding the legal status and structure of an arbitration center, as follows: “1. An arbitration center has legal personality, its own seal, and a separate bank account. 2. An arbitration center operates on a non-profit basis. 3. An arbitration center may establish branches
The function of an arbitration center is understood under commercial arbitration law Read More »
1. What Is an Arbitral Award in a Case? The concept of an arbitral award in a case is provided in Clause 7, Article 3 of the Commercial Arbitration Law: “An arbitral award in a case is a form of dispute resolution under this Law and in accordance with the procedures and processes agreed upon
Provisions on the Registration of Arbitral Awards in the Commercial Arbitration Law Read More »
1. Introduction Currently, the field of international construction within international trade has witnessed an increase in disputes, creating a strong need for effective and expedited dispute resolution. International construction projects involve two critical factors – time and cost – which demand a dispute resolution mechanism that is flexible, simple, and cost-efficient. However, conventional arbitration rules
1. Overview and Concept of Public International Trade Disputes Although there is no legal provision that directly defines a trade dispute (or commercial conflict), it can be understood, based on theory and practice, as a conflict arising during the conduct of economic activities aimed at generating profit. The concept of commercial activity is defined in
Resolving “Public International” Trade Disputes through Arbitration Read More »
1. Overview of the ICS Adjudicative Body under the EVFTA 1.1. Organizational Structure of the ICS According to the EVFTA, the Tribunal of First Instance consists of nine (9) members, and the Appeal Tribunal consists of six (6) members. One-third of the members must be nationals of Vietnam, one-third nationals of the European Union, and
1. On the Validity of the Arbitration Agreement An arbitration agreement is established on the principle of a presumption of validity, meaning that such an agreement is deemed valid by default. To rebut this presumption, one of the disputing parties bears the burden of proving that the arbitration agreement falls under one of the cases
Legal provisions on the conditions for the validity of an arbitration agreement Read More »
1. Overview of Intellectual Property From a theoretical perspective, intellectual property consists of products created through human research and mental labor, carrying cultural, artistic, scientific, technological, and commercial value. Intellectual property rights (IPR) can thus be understood as a combination of legal norms regulating social relations arising in the creation, establishment, use, and disposition of
Using Commercial Arbitration to Resolve Disputes in Intellectual Property Transfer Read More »
1. Arbitration Agreement in Service Contracts 1.2. Arbitration Agreement in Service Contracts The arbitration agreement in service contracts represents the mutual consent of the parties to refer any disputes arising from the service contract to commercial arbitration as the chosen dispute resolution mechanism, instead of the court. According to Article 16 of the Law on
Types of service contracts subject to arbitration agreement Read More »
1. Public Investment and Key Issues 1.1. What is Public Investment According to Clause 16, Article 4 of the Law on Public Investment 2024: “Public investment means the State’s investment activities in programs, tasks, projects, and other public investment entities as prescribed by this Law.” A public investment program is a set of objectives, tasks,
Arbitration and Mediation Mechanisms in the Field of Public Investment Read More »
