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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
  • 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

Mr. Bang is a partner of our firm, with more than 15 years of experience as a lawyer. He joined the Ho Chi Minh City Office in 2010, as the first Vietnamese lawyer in the Ho Chi Minh City Office, and gained experience in a variety of diverse cases, including huge, complex projects. Mr. Bang specializes in inbound investments, corporate & commercial matters, M&A, banking, real estate property & construction, and labour. He also has significant experience in providing advice regarding unfair competition, securities, capital market transactions, project financing transactions, infrastructure projects, and energy projects. Before joining the firm, Mr. Bang gained professional experience in both a law firm and working with multinational corporations. He has been a regular contributor to a number of law-related magazines, and has actively participated in the legal training of law students, having been a law lecturer in Vietnam since 2009. Mr. Bang is a 2001 graduate of Hanoi University of Law (LL.B.), and received an LL.M. from the Transnational Law & Business University in Seoul, Korea in 2006. He is a member of the Ho Chi Minh Bar and the Vietnam Bar Federation, and is fluent in both English and Vietnamese.