Vietnamese Law in International Arbitration

Presentation

This event is designed to introduce key elements of Vietnamese law to an international arbitration audience—many of whom have likely encountered similar or parallel issues in other legal systems.

Both panels will be moderated by Minh DANG, Senior Partner of YKVN, Head of International Arbitration and member SIAC Court of Arbitration.

Following the session, join us for a networking event from 7:00 pm to 8:00 pm.

Detailed program: VIETNAMESE LAW IN INTERNATIONAL ARBITRATION

Panel 1 : SELECT TOPICS IN VIETNAMESE LAW

- Sources of Vietnamese Law (Codes, laws, Supreme Court resolutions, decrees, binding precedents, circulars, reference cases);
- Independence of the arbitration agreements (Art.19 of the Law on Commercial Arbitration (“LCA”);
- Multitiered arbitration clauses (dispute boards);
- Limitation periods in foreign seated Vietnamese law governed arbitrations;
- Vietnamese damages: liquidated damages and delay damages; and
- Applicability of Vietnamese law principles to Vietnamese law governed FIDIC contracts (Law on Construction and Quang Minh case of the Supreme People’s Court).

Panel 2 : ENFORCEABILITY OF FOREIGN ARBITRAL AWARDS IN VIETNAM

- The New York Convention and Part VII, Chapter XXXVII, Arts. 451 et seq of the Civil Procedure Code (the “CPC”);
- Eligibility requirements (CPC Art. 424);
- Grounds for denial of recognition and enforcement of foreign arbitral awards (CPC Art. 459, codifying Art. V of the New York Convention);
- Grounds under CPC Art. 459.1 (only topics with significant legal developments will be discussed):
--> Capacity of signatories;
--> Validity of arbitration agreement;
--> Proper notice and litigation rights (Balance Case and Notice 97);
--> Scope of the arbitration award;
--> Issues with the tribunal composition or arbitration proceeding;
--> Arbitration award not yet binding; and
--> Arbitration award has been set aside or terminated.
- Grounds under CPC Art. 459.2:
--> Non-arbitrability of disputes; and
--> Fundamental principles of Vietnamese law (VMG Case and other cases).