Conditions for Arbitration Agreement to Take Effect in Vietnam

What Conditions for Arbitration Agreement to Take Effect in Vietnam?

Commercial arbitration means a mode of dispute settlement agreed by the parties and to be conducted in accordance with law. Arbitration agreement means an agreement between the parties to settle by arbitration a dispute which may arise or has arisen. Dispute is settled by arbitration if the parties have agreed to arbitration. In order for ... Read More
Arbitration Lawyers in Vietnam

What is Statue of Limitation for Initiating Legal Action According to Arbitral Procedures?

Arbitration law always set the the limitation period for request of dispute resolution. This means that the law applies a specific period for parties to bring the dispute to the arbitration. According to law on arbitration 2010 (“LOA”), unless otherwise provided by specialized law, limitation period for initiating legal action according to arbitral procedures is ... Read More
How Violations of Findamental Principles Causes Annulment of Arbitral Awards?

How Violations of Fundamental Principles Causes Annulment of Arbitral Awards?

Arbitration award is final and binding upon the parties. The arbitral award takes effect from the date of its issuance and is not subject to appeal and protest which is a feature of dispute resolution through commercial arbitration. Therefore, the regulations on annulment of arbitral award should be carefully implemented to closely monitor these awards, ... Read More
Labour-Dispute-Lawyers-in-Vietnam

How Mediation and Labor Arbitration Councils Work in Settlement of Labor Disputes?

During and after the Covid-19 pandemic, the financial health of enterprises have been negatively impacted leading to management’s decision to reduce cost through termination of labour contract with employee. The illegal termination of labour contract could lead to disputes between employer and employee which sometime would cost the employer more than it gains. It is ... Read More
Arbitration Lawyers in Vietnam

Which Judgement Enforcement Agencies that Enforce Arbitral Awards or Decisions of Arbitration Councils on the Application of Interim Urgent Measures?

Under Article 8 of Vietnam Law on Commercial Arbitration, judgement enforcement agencies for enforcement of arbitral awards or decisions of arbitration councils on the application of interim urgent measures as regulated as following: Competent civil judgment enforcement agencies to enforce arbitral awards are civil judgment enforcement agencies of provinces or centrally run cities in which ... Read More
Dispute Resolution Through Arbitration

Dispute Resolution Through Arbitration

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires litigation law firm with dispute lawyers in Vietnam having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes. In the current business environment, most business agreements could contain a clause stipulating that disputes arisen must be resolved in arbitration. ... Read More
Arbitration Law Firm in Vietnam

What are Forms of Arbitration Agreement under Vietnam Laws?

Under Article 16 of Vietnam Law on Commercial Arbitration, forms of arbitration agreement resolving disputes are in written form.  In particular: An arbitration agreement may be made in the form of an arbitral clause in a contract or in the form of a separate agreement. An arbitration agreement must be in writing. The following forms ... Read More

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