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Vietnamese courts' annulment and non-recognition of foreign arbitral awards in practice

Arbitration has been a prominent choice of dispute resolution method as far as commercial disputes are concerned, as it grants parties significant flexibility and control. Nevertheless, the reward may only be enforced in a national court. Arbitration helps disputing parties escape certain unfavorable tenets of judicial proceedings, yet it “cannot be divorced completely from national courts” precisely because of issues of recognition and enforcement of arbitral awards. To avoid foreign arbitration results being subject to the whims of national courts, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) was drafted around the central goal of protecting foreign arbitral awards. Since 1995, Vietnam has been a member state of the Convention, the contents of which have largely been transposed into national law. In reality, however, their application by Vietnamese courts has proven to be quite problematic as decisions deviating from the language of the Convention and international norms remain frequent. At 35%, Vietnam is one of the jurisdictions with a high percentage of foreign arbitral award’s non-recognition. Thus, the essay seeks to make arguments concerning only Vietnamese courts’ non-recognition of foreign arbitral awards in practice, consisting of (1) incorrect distinction between review of merits and procedure; (2) arbitrary interpretation of “fundamental principles of Vietnamese law”; and (3) inconsistent standard in assessing “proper notice”.


Trích: Vietnamese court's annulment and non-recognition of foreign arbitral awards in practice are inconsistent with the New York Convention and international norms - "Cuộc thi viết VIArb 2021" - Viện Trọng Tài Quốc Tế Việt Nam


Tác giả: Phan Thị Hà Linh

 

Legal de Minimis cung cấp quyền tiếp cận đầy đủ tài liệu này dưới sự cho phép của các giả cho mục đích nghiên cứuhọc tập. Liên hệ trực tiếp qua thanh trò chuyện hoặc qua đường dẫn "Liên hệ" để được tiếp cận tài liệu bản mềm.



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