The bases upon which to refuse recognition and enforcement of Foreign Arbitral Awards in Vietnam have recently received plenty of concern due to the increasing demand for arbitral awards to be recognized and enforced in Vietnam. Due to the principle of sovereignty, the recognition and enforcement of foreign arbitral awards is subject to potential refusal….
Whether documents in arbitral proceedings shall be undergone consular legalization or not is a debated issue in Vietnamese Courts’ practice. This issue causes the concerns and risks to the relevant parties, especially who are foreign parties.
On 10 and 11 May 2024, CNC is honored to host a training course on FIDIC Contracts for one of the most prominent construction contractors in Vietnam – Coteccons Construction Joint Stock Company
Under the invitation from Legal Plus and L2 i-CON International, Mr. Tran Pham Hoang Tung has shared the perspective of Vietnam on Construction Market and Alternative Dispute Resolution (ADR) at ADR Conference Marathon 2024.
“Variation” is a prevalent issue, as at the time of signing, it is challenging for the parties to foresee potential changes or adjustments that are necessary for the works, especially for high-valued and complicated works. Currently, the Vietnamese laws on construction, in particular, Law on Construction 2014, amended, supplemented in 2020 (hereafter referred to as…
New Approach of Vietnam’s Courts on Liquidated Damages Liquidated Damages have become a debated topic in Vietnamese jurisdiction. For a long time, many Vietnamese Courts have argued that such damages were unacceptable. However, is there any change recently? To answer this question, CNC shall introduce to readers this article undertaken by Mr. Tran Pham Hoang…
DAB UNDER THE FIDIC CONTRACT 1999 – IS IT MANDATORY OR OPTIONAL? Abstract In the field of construction, barring dispute resolution by Arbitration, the Dispute Adjudication Board (hereinafter referred to as “DAB”) is a common dispute mechanism chosen by the contractual parties. The provisions stipulating DAB have been explicitly recognized by the International Federation of …
Unclear Arbitration Agreements are agreements – established by the parties – in which the content is insufficiently transparent, do not specify a format, do not identify a particular arbitration organization, or may be interpreted in multiple ways.
Aside from the commonly seen dispute resolution methods in other Conventions such as mediation and ad hoc arbitration, the EU – Vietnam Investment Protection Agreement (EVIPA) has one more notable method of dispute resolution, namely, the Investment Court System (ITS or ICS). EVIPA and Investment Dispute Resolution Mechanism EU-Vietnam Free Trade Agreement (EVFTA) is a…
