1. The Concept of an Arbitral Award and Its Legal Effect An arbitral award is not merely a proposal for settlement, but a conclusive and final adjudicative decision. The nature of arbitration proceedings is adjudicative, whereby a third party (the arbitrator or the Arbitral Tribunal) is vested with the authority to determine right and wrong
Provisions on the Legal Effect of an Arbitral Award Read More »
1. Overview of the Issue The choice to use arbitration as a method for resolving commercial disputes has gradually become more common among Vietnamese enterprises, as arbitral proceedings provide advantages in terms of flexibility, expeditious resolution, transparency, and fairness. Along with this is the continuous development of Arbitration Centers in both professional capacity and specialized
1. Why should enterprises choose commercial arbitration to resolve disputes? The reason why enterprises choose commercial arbitration centers is that arbitral procedures possess several advantages, specifically: Regarding arbitral procedures, they are convenient, expeditious, flexible, simpler, and more adaptable in procedural aspects. The disputing parties may proactively determine the time and venue for dispute resolution based
When should enterprises choose to resolve disputes through commercial arbitration? Read More »
1. The Role of the Arbitration Agreement in Processing (Manufacturing) Contracts In processing (manufacturing) contracts, the arbitration agreement plays a vital role as it represents the parties’ mutual consent to resolve disputes through arbitration instead of litigation before the courts. This mechanism enables the contracting parties to settle disputes swiftly, flexibly, and confidentially, while ensuring
Arbitration Agreement in a Processing (Manufacturing) Contract Read More »
1. Overview of Electronic Evidence in Arbitration Proceedings Under civil procedure law, in Clause 1, Article 94 of the Civil Procedure Code 2015 (CPC 2015), electronic data is listed as a source of evidence. However, regarding the legal basis for the Tribunal’s authority to collect evidence under Clause 1, Article 46 of the Law on
Illegally obtained electronic evidence in arbitration proceedings Read More »
1. Overview of Commercial Arbitration Commercial arbitration is defined in the Dictionary of Law as “a method of dispute resolution conducted by a neutral third party, with the consent of the disputing parties, whose decision is final and binding upon them.” This definition demonstrates that the use of arbitration as a dispute resolution mechanism requires
Disputes falling within the jurisdiction of commercial arbitration Read More »
1. Rules on Filing a Claim at the Arbitration Center 1.1. Conditions for Resolving Disputes by Arbitration Clause 1, Article 5 of the 2010 Commercial Arbitration Law stipulates the conditions for resolving disputes through arbitration as follows: “A dispute may be resolved by arbitration if the parties have an arbitration agreement. The arbitration agreement may
Legal regulations on the procedure for filing a claim at the Arbitration Center Read More »
1. Collection of Evidence in Commercial Arbitration 1.1. What are the differences between evidence in civil proceedings and in arbitral proceedings? The collection of evidence in arbitral proceedings must comply with the provisions of the Law on Commercial Arbitration 2010 and the procedural rules of the arbitral institution chosen by the parties. Article 46 of
The Issue of the Authenticity of Evidence in Arbitral Proceedings Read More »
1. Legal Provisions on Employment Contracts with Foreign Elements In the context of globalization, the number of employment contracts involving foreign elements has been steadily increasing in Vietnam, particularly in sectors such as technology, finance, services, and senior management. These contracts may be concluded between Vietnamese enterprises and foreign employees, or between foreign investors and
Commercial Arbitration in Employment Contracts with Foreign Elements Read More »
1. Concept and Legal Basis of International Bidding International bidding is a form of contractor or investor selection involving foreign participation, typically applied when domestic goods or services cannot meet the requirements of a tender package. According to Article 3 of the Law on Bidding 2023, international bidding refers to bidding activities involving foreign contractors
Commercial Arbitration in International Bidding Agreements Read More »
