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Vietnam - Part H - Arbitration in Asia - 2nd Edition

Author(s): 
Nicholas Lingard
Tien Bui
Page Count: 
28 pages
Media Description: 
PDF from "Arbitration in Asia - 2nd Edition"
Published: 
December, 2023
Jurisdictions: 
Vietnam
Practice Areas: 
Agreement to Arbitrate,
Arbitrators and Arbitral Tribunals,
Arbitral Process,
Arbitral Awards,
Judicial Assistance in Procedural Matters,
Enforcement of Arbitral Awards,
National Legislation
Author Detail: 

Nicholas Lingard is a partner at Freshfields Bruckhaus Deringer in Singapore and the head of their International Arbitration group for Asia-Pacific. He is an experienced international arbitration counsel and advocate and leads one of the most active treaty arbitration practices in Asia, representing both investors and states, in high-profile, politically complex cases around Asia and the world. Mr. Lingard represents clients in commercial disputes across a variety of industries, under all the major arbitral rules, including ICC, SIAC, UNCITRAL, HKIAC, AAA and NAI, and under all major systems of law. He also frequently assists clients with public international law advice, including to structure investments for the protections provided by bilateral investment treaties. Mr. Lingard is recognised as a leading international arbitration practitioner by all major directories. He is ranked in Band 1 of international arbitration in Singapore by Chambers & Partners and as Band 1 "Leading Individual" for arbitration in Singapore by Legal 500.

A former law clerk to the Chief Justice of Australia, he was educated at the University of Queensland, where he received University Medals in law and Japanese, and Harvard Law School, where he was a Frank Knox Memorial Fellow. He is admitted to practise in New York and New South Wales, Australia. Mr. Lingard speaks English and Japanese, and was appointed to the Singapore International Arbitration Centre Users Council in September 2015. He is a Registered Foreign Lawyer entitled to appear before the Singapore International Commercial Court.

Tien Bui has been with Freshfields Vietnam offices since 2002 and is the first ever Vietnamese lawyer elected to the Freshfields partnership. He is widely recognised as a top-tier corporate and finance lawyer in Vietnam. Mr. Bui has established a reputation among his clients as an effective and commercially minded lawyer who represents the client’s best interests. Fluent in both Vietnamese and English. He is also known as an effective communicator with an ability to present complex legal issues to his clients and the counterparties.

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Description: 

Originally from Arbitration in Asia - 2nd Edition

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[1]    INTRODUCTION

 

Our focus in this chapter is arbitrations seated in Vietnam. There is now a significant volume of international arbitration relating in one way or another to Vietnam, but heard under non-Vietnamese rules (such as the ICC, SIAC and UNCITRAL Rules) and seated outside of Vietnam—but, with the exception of Section 8 on enforcement of foreign awards, that is not our focus here.

 

By way of historical background, before the initiation of Vietnam’s open-door policy in 1986, there were few commercial disputes in Vietnam. Most commerce and production was undertaken, owned, or controlled by the State, and did not involve foreign parties. Disagreements could usually be resolved through administrative processes. Arbitration in those days was classified into two types: (i) State arbitration and (ii) non-governmental arbitration.

 

State arbitration was administered by State Economic Arbitration bodies, which were government agencies whose function was to exert state management over economic contracts and to hear disputes arising from those contracts. The State Economic Arbitration bodies were abolished in 1994 and replaced by the Economic Courts (part of the People’s Courts).

 

Non-governmental arbitration was undertaken by the Foreign Trade Arbitration Centre and the Maritime Arbitration Centre, which were established under Government Decrees in 1963 and 1964 respectively. They operated in accordance with charters ratified by the Government and were supervised by the State. The centres only became fully operational when Vietnam began to open up to foreign investment and multilateral foreign trade relations in 1986 (up until 1988, the two arbitration centres heard only three matters).

 

Table of Contents: 

[1]   INTRODUCTION

[2]   LEGISLATION

              [2.1]       Arbitration Law

              [2.2]       Application

              [2.3]       Arbitration fees

 

[3]   ARBITRATION AGREEMENTS

              [3.1]       Requirements

              [3.2]       Types of arbitration agreement

                              [3.2.1]  Contract clause or separate agreement

                              [3.2.2]  Parties to the arbitration agreement

                              [3.2.3]  Separability/autonomy of the arbitration agreement

                              [3.2.4]  Effect of arbitration agreement

 

[4]   ARBITRATORS AND THE ARBITRATION TRIBUNAL

              [4.1]       Qualifications

              [4.2]       Number of arbitrators

              [4.3]       Selection

                              [4.3.1]    Resolution of disputes by an arbitration centre

                              [4.3.2]    Resolution of disputes by an ad-hoc arbitration tribunal

              [4.4]       Challenge and replacement of arbitrators

 

[5]   ARBITRATION PROCEDURE

              [5.1]       Points of claim

              [5.2]       Establishment of an arbitration tribunal

              [5.3]       Defence

              [5.4]       Counter-claim

              [5.5]       Interim relief

                              [5.5.1]  Measures for interim relief

                              [5.5.2]  Application for interim relief

                              [5.5.3]  Alteration or rescission of interim relief

              [5.6]       Fact-finding

              [5.7]       Hearing

                              [5.7.1]  Hearing date

                              [5.7.2]  Location of the hearing

                              [5.7.3]  Required forms

                              [5.7.4]  Records of the hearing

[6]   AWARDS

              [6.1]       Settlement agreements

              [6.2]       Form of the award

              [6.3]       Issuance and revisions of awards

                              [6.3.1]  Issuance of awards

                              [6.3.2]  Correction of awards

                            [6.3.3]  Interpretation of awards

                            [6.3.4]  Supplement to awards

              [6.4]       Registration of ad-hoc arbitral awards

              [6.5]       Setting aside of awards

 

[7]   JUDICIAL ASSISTANCE AND INTERVENTION

              [7.1]  Court assistance and intervention

              [7.2]  Enforcement of arbitral award

 

[8]   RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL

        AWARDS

              [8.1]       Scope of application of the Civil Procedures Code

              [8.2]       The enforcement process

                              [8.2.1]  Application for recognition and enforcement

                              [8.2.2]  Consideration of the application

                              [8.2.3]  Hearing of the application

                              [8.2.4]  Grounds for refusal of recognition and enforcement

                              [8.2.5]  Enforcement

 

[9]   PRACTICAL INFORMATION

              [9.1]       Visa requirements

              [9.2]       Foreign counsel

             

[10]   APPENDICES 

              [10.1]    Civil Procedures Code  (in English)

              [10.2]    Civil Procedures Code  (in Vietnamese)

              [10.3]    Law on Enforcement of Civil Judgments (in English)

              [10.4]    Law on Enforcement of Civil Judgments (in Vietnamese)

              [10.5]    Amendment to Law on Enforcement of Civil Judgments

                              (in English)

               [10.6]    Amendment to Law on Enforcement of Civil Judgments

                             (in Vietnamese)

               [10.7]    Arbitration Law  (in English)

               [10.8]    Arbitration Law  (in Vietnamese)