- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
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- https://hmplaw.vn/
Litigation & Arbitration
Commercial Arbitration is a widely recognized dispute resolution method, valued for its efficiency, confidentiality, and finality. However, in some cases, the Arbitration Award may be annulled in accordance with Article 68 of the Law on Commercial Arbitration 2010. When this occurs, enterprises need to clearly understand the subsequent steps to take to protect their legitimate rights. This article will delve into the process and outline the actions that enterprises should take when dealing with the annulment of an Arbitration Award.
A contract is a form of expression for a civil transaction, therefore it is a document that expresses the agreement between the parties. In the course of its business, a company may need to enter into contracts with various parties, including employees, suppliers, customers, partners and other entities. For each contract, the legal value of the contract is always a concern for many businesses, as the voidability of the contract for any reason will cause the business some inconvenience and even legal liability. However, in order to protect their rights, businesses often need to ask the court to declare the contract void. This article discusses some considerations for businesses when asking the court to set aside a contract and the legal consequences that businesses need to be aware of if the contract is set aside.
During the arbitration proceedings, the request for interim measures by the dispute resolution body is an option that the parties may use if necessary. Although this request does not significantly affect the arbitral proceedings and the proceedings continue as usual, the question arises as to whether the jurisdiction of the court limits the jurisdiction of the arbitral tribunal when both dispute resolution mechanisms have concurrent jurisdiction to resolve the party's request for interim measures. This article will focus on the concurrent jurisdiction of courts and arbitration in the application of interim measure.
One issue the parties must also pay attention to is whether share transfer contracts signed before receiving approval from the competent authority take effect in accordance with the law? In this article, we will express some perspectives from multiple angles to clarify this issue.
The current trend is for an increasing number of companies to choose arbitration as an alternative method of dispute resolution to litigation. Arbitration has become the preferred choice of many companies because of its speed, confidentiality and efficiency. However, not all cases should be resolved through arbitration, and in some cases arbitration may not be the best option
In this article, HM&P intends to limit the scope of analysis to cases settled by institutional arbitration, i.e. the establishment of an arbitral tribunal through an arbitration center.
In this article, HM&P will discuss some outstanding issues that have not been resolved under the current arbitration law and require early supplementation and adjustment in the coming period.
In this article, our Managing Partner Nguyen Van Phuc will analyze several issues related to the current practice of reimbursing attorneys' fees in civil litigation in general, and will also provide an assessment of the feasibility of granting such requests. The article was published in The Saigon Times (No. 52-2023), published on December 28, 2023.
In this article, HM&P would like to give readers a perspective on the issue of jurisdiction in canceling the BOD Resolution, from a real case.
In this article, we will mention some typical reasons that courts in Vietnam have recently used to refuse to recognize and enforce foreign arbitral awards in Vietnam or annul domestic arbitral awards.
In this article, we will share some views on the role of lawyers in the enforcement of business and commercial judgments, based on practical experience as a lawyer of the judgment creditor.
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