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Vietnam: Refusal to enforce a foreign arbitral award on the ground of violation of fundamental principles of the laws of Vietnam

Vietnam is a member of the New York Convention 1958 on Recognition and Enforcement of Foreign Arbitral Awards(NYC), and there is legal framework therefor under the Civil Procedure Code of Vietnam (CPC). Under the CPC, a foreign arbitral award may be refused to enforce in Vietnam if its enforcement constitutes “violation of fundamental principles of the laws of Vietnam”.  1. Legal Framework For now, there is no official detailed guidance regarding the case where the enforcement of a foreign arbitration constitutes “violation of fundamental principles of the laws of Vietnam”.  (1) However, the procedure for the recognition and enforcement is also necessary for the enforcement of domestic arbitration awards, and it is rejected for the enforcement if its enforcement constitutes...To read the full article, please see the PDF file

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Asia Newsletter (July 12, 2022) (1.24 MB / 5 pages) Download PDF [1.22 MB]

Authors

今泉 勇

Isamu IMAIZUMI

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Clients value Isamu’s unique insight into the challenges and uncertainties that they face in a dynamic, growing region. In addition to his experience in Vietnam, he has practiced in Tokyo and various other Asian locations, including a secondment to an Indian law firm. He is known for leveraging his international experience and cultural insights into the local legal and commercial practices to resolve complex, cross-border legal issues in a timely manner, working closely with local counsel. He advises on investments at all stages, from inception to post-closing operations, as well as dispute resolution.

 

ヴ・レ・バン

VU Le Bang

  • Partner
  • Hanoi / Ho Chi Minh City

Bang is a partner with more than 20 years of professional legal experience. He joined the Ho Chi Minh City Office in 2010, and was the first Vietnamese lawyer to join Nishimura & Asahi; his experience spans a wide range of matters, including a diverse selection of notable, complex projects and disputes. Bang specializes in dispute resolution, inbound investments, corporate & commercial matters, M&A, banking, real estate & construction, and labor. He also has significant experience advising on international trade, unfair competition, securities, capital markets transactions, project financing transactions, infrastructure projects, and energy projects. Prior to joining the firm, Bang gained advisory experience working at law firms and  for multinational corporations. He is a regular contributor to numerous legal magazines, and has participated actively in the training of law students and legal practitioners as a part-time lecturer in Vietnam since 2009. Bang is also a regular speaker at seminars and events organized by professional legal institutions and organizations.

Bang graduated from Hanoi University of Law in 2001 and earned an LL.M. in International Law from the Transnational Law & Business University in Seoul, Korea, in 2006. He later completed an LL.M. in U.S. Law at Antonin Scalia Law School at George Mason University in Virginia, and an LL.M. in International Business Law and U.S. Law from Northeastern University School of Law in 2024. In 2025, he obtained a Ph.D. in International Relations from Selinus University of Sciences and Literature. He currently is pursuing Ph.D. programs in International Law and Business in the United States.

Chambers and Partners has recognized Bang as a leading lawyer in M&A and Real Estate. He is a CiArb-accredited mediator, a listed arbitrator of  the Vietnam International Arbitration Centre, and a member of the Ho Chi Minh Bar and the Vietnam Bar Federation. He is fluent in English and Vietnamese.