Cases of non-recognition of a foreign arbitrator’s award in Vietnam

Cases of non-recognition of a foreign arbitrator’s award in Vietnam
Nguyễn Thị Diễm My

What are the cases of non-recognition of a foreign arbitrator’s award in Vietnam? – Dinh Dat (Tra Vinh, Vietnam)

Cases of non-recognition of a foreign arbitrator’s award in Vietnam (Internet image)

1. Cases of non-recognition of a foreign arbitrator’s award in Vietnam

- The Court does not recognize the foreign arbitral award when it considers that the evidence provided by the judgment debtor to the Court to oppose the request for recognition is grounded and lawful and the arbitral award belongs to one of the parties in the following cases:

+ The parties to the arbitration agreement do not have the capacity to enter into such agreement under the law applicable to each party;

The arbitration agreement is not valid under the law of the country to which the parties have chosen to apply or under the law of the country where the award was made, if the parties have not chosen the law applicable to the agreement. ;

The enforcement agency, organization or individual is not notified in a timely and proper manner about the appointment of an arbitrator, about the procedures for settling a dispute at a foreign arbitration, or for other legitimate reasons. unable to exercise their procedural rights;

+ The award of a foreign arbitrator is declared on a dispute that is not requested by the parties to be resolved or exceeds the request of the parties to the arbitration agreement. In case it is possible to separate the part of the decision on the matter requested and the part of the decision on the matter which is not requested to be resolved at foreign arbitration, the part of the decision on the matter requested for settlement may be made public. receive and enforce in Vietnam;

+ The composition of the foreign arbitrator, the dispute settlement procedure of the foreign arbitrator is not consistent with the arbitration agreement or with the law of the country where the foreign arbitral award was declared, if the arbitration agreement is over. Financial does not stipulate on such matters;

+ The foreign arbitral award has not yet become binding on the parties;

+ The foreign arbitral award is annulled or suspended by the competent authority of the country where the award was declared or of the country whose law has been applied.

- A foreign arbitral award is also not recognized, if the Vietnamese court considers that:

+ According to Vietnamese law, the dispute is not resolved by arbitration;

+ The recognition and enforcement in Vietnam of foreign arbitral awards is contrary to the basic principles of the law of the Socialist Republic of Vietnam.

(Article 459 of the Civil Procedure Code 2015)

2. Application for recognition and enforcement in Vietnam of foreign arbitrator’ award

- An application for recognition and enforcement in Vietnam of foreign arbitrator’ award must contain the following principal details:

+ Full names and addresses of residence places or work places of the judgment creditors or their lawful representatives in Vietnam; if the judgment creditors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

+ Full names and addresses of residence places or work places of the judgments debtors;

If the judgments debtors are agencies or organizations, the full names and addresses of their head-offices must be fully inscribed;

In cases where the judgment debtors being individuals do not have residence places or work places in Vietnam or the judgment debtors being agencies or organizations do not have head-offices in Vietnam, their applications must also specify the addresses of the places where exist the properties and assorted properties relating to the enforcement in Vietnam of foreign arbitrator’s award;

+ Requests of the judgment creditors.

- Applications in foreign languages must be enclosed with their Vietnamese versions which are duly notarized or authenticated.

(Article 452 of the Civil Procedure Code 2015)

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