Other arguments

Cancellation of arbitral award will

• Deter businesses from resolving disputes by arbitration

• ⬇️ reputation of • Entry of foreign arbitration into Vietnam market
arbitration • Decrease national competitiveness
center in • Increase burden on court litigation
Vietnam • Hinder the development of arbitration in Vietnam
Arbitration vs Court
• Preference of parties for industry experts or chosen arbitrators rather than judge
• Arbitration rules and agreements commonly provide that awards will be final and binding
on the parties

Law on Commercial Arbitration 2010

Article 71.4
When hearing the petition, the council of judges shall rely on the provisions in article 68 of
this Law and the materials accompanying the petition in order to reach its decision; and shall
not review the merits of the dispute which the arbitration tribunal already resolved. …

But in practice…. violation

 Arbitration vs Court
• “Bất cứ quyền lực nào không có giám sát sẽ dẫn đến lạm dụng”
• Dr Le Net, Arbitrator of VIAC
This may lead to involved parties abusing such loopholes to set aside arbitral
award

Examples in practice: “Mời” vs “Triệu tập” VND vs USD Vietnamese vs English

 Arbitration vs Court
• “Bất cứ quyền lực nào không có giám sát sẽ dẫn đến lạm dụng”
• Dr Le Net, Arbitrator of VIAC

It is argued that Court’s decision should still be brought to Court of Cassation as in:
• Article 134 Constitution of the Socialist Republic Of Vietnam
The Supreme People's Court supervises and directs the Judicial work of Special People's Courts and Military Tribunals.
• Article 17 Civil Procedure Code
The courts' first-instance judgments or decisions which have already taken legal effect but have been detected with
law violations or new details shall be reviewed according to the cassation or reopening procedures under the
provisions of this Code.
Arbitration vs Court
• Internationally, arbitration receive favorable conditions and support
from court but in Vietnam?
• Is there a spirit of goodwill between Court and Arbitration?

• These remain to be in question