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, ensure compliance
with the laws and protect the interests of the parties involved. This is an
important matters to discuss when lawyers specializing in dispute through
commercial arbitration encounter when requested by the client to assist the
enforcement of the arbitral awards under Vietnam laws.
Arbitral Award Enforcement Law Firm
in Vietnam
Annulment of arbitral award also known as setting aside is means
that the Court as a juridical authority is entitled to review such award upon
request of parties in dispute in case there is a ground proving that the
arbitral award belongs to one of the annulment cases under the laws. The
competent court to take this action is the provincial court of locality at
which the parties agree or at which the Arbitral tribunal given the award.
An arbitral award in contrary to the fundamental principles of
Vietnam laws is one of five grounds to set aside. The Court is responsible for
verifying and collecting evidences to determine whether or not to annul the
arbitral award; the requesting party is responsible for other grounds.
Fundamental principles of Vietnam laws are the basic principles
impacting the formation and implementation of Vietnam laws. Each law or code
contains those principles on its own. Arbitration awards are respected by laws,
however within the boundary permitted by laws to not infringe the interests of
concerned parties and the national interests, which has been mostly referred to
by the court.
When reviewing a request for annulment of arbitral award, the
court shall determine whether the award violates any fundamental principle and
how such principle concerns or bind the dispute settlement of arbitrator. The
court shall set aside an arbitral award in case it contains decisions in
contrary to any fundamental principle of Vietnam laws which are not abided by
arbitral tribunal upon issue of the arbitral award and the arbitral award
seriously infringe upon the interest of the state, the lawful rights and
interests of either party or parties, third parties.
In order to apply this fundamental principle ground, the Court
may review the application of substantive law decided by the Arbitral Tribunal,
as such, the Court may review legal issues of case. In the meantime, Vietnam
Courts are not entitled to review the substantive matters resolved by the
arbitral tribunal when reviewing request of requesting parties, the Courts are
permitted to refer annulment cases stipulated by laws and evidences proving its
conclusion. Therefore, the above restriction conflicts with the ground which
is annulment of arbitral
awards caused by violation of fundamental principles of Vietnamese laws. In fact, to consider whether or not to
violate the fundamental principles, the Courts seem to review the substantive
matters of dispute to make an argument for its decision.
Hence to improve the efficiency and judicial system under
Vietnam laws, it is expected that the fundamental principle ground to cause
annulment arbitral award of arbitrator should be instructed in more detail in
Vietnam laws to improve the independence of the Arbitral Tribunal and avoid the
Vietnam Court trying to re-resolve the substantive matters.
For the advice on enforcement of international
arbitral award in Vietnam, it is important to seek the consultation
from law firm that specialize in international dispute that have experience
with Vietnam judicial system to avoid confusion.
ANT Lawyers - Arbitral Award Enforcement
Law Firm in Vietnam with
international standard, local expertise and strong international network. We
focus on customers’ needs and provide clients with a high quality legal advice
and services. For advice or service request, please contact us via email
ant@antlawyers.vn, or call us +84 24 730 86 529.
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