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.
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 arbitralawards 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.
ANT Lawyers – Arbitration
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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