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Vietnam - Baker & McKenzie International Arbitration Yearbook: 2012-2013

Author(s): 
Tran Chi Anh
Andrew Fitanides
Quy Hoai Nguyen
Page Count: 
16 pages
Published: 
March, 2013
Jurisdictions: 
Vietnam
Practice Areas: 
Authority of the Arbitral Tribunal,
Arbitrators and Arbitral Tribunals,
Arbitral Awards,
Arbitral Process,
Enforcement of Arbitral Awards,
Interim Measures of Protection,
National Legislation
Tags: 
Public Policy
Author Detail: 

Chi Anh Tran is an Associate in Baker & McKenzie’s office in Ho Chi Minh City and a member of the Dispute Resolution Practice Group. Her principal practice areas include dispute resolution, compliance and competition law.

Andrew Fitanides is an Associate in Baker & McKenzie’s Ho Chi Minh City office and a member of the Dispute Resolution Practice Group working primarily in commercial litigation.

Quy Hoai Nguyen is an Associate in Baker & McKenzie’s Ho Chi Minh City office and a member of the Dispute Resolution Practice Group.

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Description: 

Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Background and Overview of the Applicable Law 

Vietnam has a growing economy and an improved investment regime. In 2007, Vietnam acceded to the WTO and the United States granted permanent normal trade relations. These developments have made Vietnam an attractive destination for foreign investment, and increased investment will lead to more disputes. Historically in Vietnam, arbitration has not been a popular choice for resolving disputes, particularly those involving foreign and foreign-invested enterprises. This year, however, reforms contained in Law No. 54/2010/QH12 on Commercial Arbitration (the “Law on Commercial Arbitration”),4 which replaced the often-criticized 2003 ordinance on commercial arbitration (the “Ordinance”),5 have greatly improved Vietnam’s arbitration regime, suggesting arbitration will increase in popularity going forward.

Table of Contents: 

A. Legislation, Trends and Tendencies

A.1 Background and Overview of the Applicable Law
A.2 Arbitration in Vietnam
A.3 Trends and Tendencies

B. Cases

B.1 Lack of Capacity to Enter Arbitration Agreement
B.2 Violations of Arbitration Proceedings
B.3 Dispute Resolution Body Unspecified
B.4 Public Policy Objections

C. The Grant and Enforcement of Interim Measures in International Arbitration