VIETNAM Law and Practice Contributed by: Tony Nguyen, Ta Phuong Thao, Nguyen Minh Duc, Nguyen Phuong Anh, Nguyen Duc Tai and Truong Que Chi, EPLegal
lated in an international treaty to which Vietnam is a party. • the civil judgment or decision has not yet become legally effective according to the laws of the coun- try where the court issued the judgment or deci- sion; • the person obligated to comply or their legal representative was absent from the hearing of the foreign court due to not being duly summoned or the foreign court’s document was not served to them within a reasonable time as prescribed by the laws of the country where the foreign court is located, preventing them from exercising their right to self-defence; • the court of the country that issued the judgment or decision lacks jurisdiction to resolve the civil case in accordance with relevant Vietnamese rules; • this civil case already has a legally effective judg- ment or decision from a Vietnamese court or before the foreign court accepted the case, a Vietnamese court had accepted and is currently resolving the case or there is already a civil judgment or decision from a third-country court that has been recog- nised and enforced by a Vietnamese court; • the statute of limitations for enforcement has expired under the law of the country where the court issued the judgment or decision or under Vietnam’s civil enforcement law; • the enforcement of the judgment or decision has been annulled or suspended in the country where the court issued the judgment or decision; and • the recognition and enforcement of civil judgments and decisions of foreign courts in Vietnam are con- trary to the fundamental principles of Vietnamese law. A party can resist enforcement of foreign arbitral awards on the following grounds, with supporting evidence: • the parties to the arbitration agreement lacked the capacity to enter into such an agreement under the applicable law of each party; • the arbitral agreement is not legally valid under the law of the country chosen by the parties to apply the law or under the law of the country where the award was rendered, if the parties did not choose the applicable law for the agreement;
• the agency organisation or individual obligated to comply with the award was not promptly and properly notified of the appointment of the arbitra- tor, of the procedure for resolving the dispute in the foreign arbitration tribunal or, for other legitimate reasons, was unable to exercise their procedural rights; • a foreign arbitral award on a dispute not requested by the parties or exceeding the requirements of the parties to the arbitration agreement. If the part of the decision on the requested matter can be separated from the part on the unrequested mat- ter at the foreign arbitral tribunal, the part on the requested matter may be recognised and enforced in Vietnam; • the composition of the foreign arbitral tribunal or its dispute resolution procedure is inconsistent with the arbitration agreement or with the law of the country where the foreign arbitral award was rendered, if the arbitration agreement does not provide for such matters; • the foreign arbitral award has not yet become bind- ing on the parties; and • the foreign arbitral award has been annulled or suspended by a competent authority of the country where the award was rendered or of the country whose law was applied. Foreign arbitral awards shall also not be recognised if: • under Vietnamese law, the dispute cannot be resolved through arbitration; and • recognising and enforcing the foreign arbitral award in Vietnam is contrary to the fundamental principles of the law of the Socialist Republic of Vietnam. 10. Dispute Resolution and AI 10.1 Regulation Regulation of AI Use in Dispute Resolution in Vietnam Arbitration institutions in Vietnam have begun to apply technology in dispute resolution. The Hanoi Interna- tional Arbitration Centre (HIAC) is the first arbitral insti- tution in Vietnam to provide a platform enabling dis- pute resolution through online mediation and/or online
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