Vietnam - Part H - Arbitration in Asia - 2nd Edition
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 “leader in his field” and was named Outstanding Young Partner by Chambers Asia-Pacific 2017.
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.
Phong Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He is a highly-skilled Vietnam-qualified lawyer who has been practising law in Ho Chi Minh City since 2003. Phong Nguyen has extensive experience in advising foreign investors on investment and corporate restructuring transactions in Vietnam. He also has considerable experience as a dispute lawyer acting for multinational corporations on various civil and criminal matters in Vietnam, including arbitration proceedings.
Viet Nguyen is an associate at Freshfields Bruckhaus Deringer in Vietnam. He graduated from Hanoi Law University, Vietnam and then obtained a Master of Law degree from Duke University School of Law, U.S. under the Fulbright Scholarship Program. Before joining Freshfields, Viet Nguyen worked for Vietnam’s Ministry of Justice and a leading domestic law firm. At Freshfields, he spends most of his time working on dispute resolution (including domestic arbitration and international arbitration) and inward investment.
Originally from Arbitration in Asia - 2nd Edition
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).
[2.1] Arbitration Law
[2.3] Arbitration fees
 ARBITRATION AGREEMENTS
[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
 ARBITRATORS AND THE ARBITRATION TRIBUNAL
[4.2] Number of arbitrators
[4.3.1] Resolution of disputes by an arbitration centre
[4.3.2] Resolution of disputes by an ad-hoc arbitration tribunal
[4.4] Challenging and replacement of arbitrators
 ARBITRATION PROCEDURE
[5.1] Points of claim
[5.2] Establishment of an arbitration tribunal
[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
[5.7.1] Hearing date
[5.7.2] Location of the hearing
[5.7.3] Required forms
[5.7.4] Records of the hearing
[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
[6.4] Registration of ad-hoc arbitral awards
[6.5] Setting aside of awards
 JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Court assistance and intervention
[7.2] Enforcement of arbitral award
 RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
[8.1] Scope of application of the Civil Procedures Code
[8.2] The enforcement process
[8.2.1] Application to the Ministry of Justice
[8.2.2] Consideration of the application
[8.2.3] Hearing of the application
[8.2.4] Grounds for refusal of recognition and enforcement
 PRACTICAL INFORMATION
[9.1] Visa requirements
[9.2] Foreign counsel
[10.1] Civil Procedures Code 2015 (in English)
[10.2] Civil Procedures Code 2015 (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
[10.6] Amendment to Law on Enforcement of Civil Judgments
[10.7] Arbitration Law 2010 (in English)
[10.8] Arbitration Law 2010 (in Vietnamese)