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August 19, 2013

The International Comparative Legal Guide to: International Arbitration 2013 – Vietnam Chapter

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Global Legal Group

The International Comparative Legal Guide has published the 10th edition of International Arbitration, a Q&A-style guide that provides cross-border insight into arbitration work across 53 jurisdictions. Michael K. Lee and Doan Ngoc Tran, partner and associate in the Tilleke & Gibbins corporate and commercial group, have jointly authored this year’s chapter on arbitration in Vietnam.

This chapter covers the following topics:

  • Arbitration Agreements: Requirements under the Law on Commercial Arbitration of Vietnam 2010 and enforcement of arbitration agreements by national courts
  • Governing Legislation: Main statutes, differences between domestic and international arbitration proceedings, UNCITRAL Model Law, and mandatory rules governing international arbitration
  • Jurisdiction: Arbitral tribunal’s jurisdiction, parties that commence proceedings in breach of an arbitration agreement, jurisdiction over individuals not party to an agreement to arbitrate, limitation periods, and effect of pending insolvency proceedings
  • Choice of Law Rules: Determining applicable law, prevailing mandatory laws, and law rules governing formation, validity, and legality of arbitration agreements
  • Selection of Arbitral Tribunal: Limits on parties’ autonomy to select arbitrators, default selection procedures, court intervention in arbitrator selection, and requirements for arbitrator independence, neutrality, and/or impartiality
  • Procedural Rules: Laws governing arbitration procedures, procedural steps, arbitration hearing rules, arbitrator powers and duties, restrictions on foreign lawyers, arbitrator immunity, and national courts’ jurisdiction on procedural issues
  • Preliminary Relief and Interim Measures: Arbitrators’ and courts’ capabilities to award relief, anti-suit injunctions, and security for costs
  • Evidentiary Matters: Rules of evidence, scope of arbitrator’s authority with regard to disclosure, courts’ intervention in disclosure/discovery matters, rules relating to testimony, and scope of privilege
  • Making an Award: Legal requirements
  • Challenge of an Award: Grounds, excluding appeals or challenges, expanding scope of appeal, and procedures
  • Enforcement of an Award: New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, regional Conventions, steps to take by the parties, res judicata, and refusing enforcement on grounds of public policy
  • Confidentiality: Unprotected proceedings, governing laws, and information disclosed in arbitral proceedings referred to in subsequent proceedings
  • Remedies/Interests/Costs: Types of remedies and interest available, interest rates, recovering fees and/or costs, shifting fees and costs, taxes, and lawyers’ fees
  • Investor State Arbitrations: Bilateral Investment Treaties and multi-party investment treaties, noteworthy language in investment treaties, and state immunity defense
  • General: Trends and addressing current issues in arbitration

This article appears in the 2013 edition of The International Comparative Legal Guide to: International Arbitration, published by Global Legal Group Ltd., London. www.iclg.co.uk

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