Nguyen Phuong, Linh; Dinh Hoang, Anh; Chu Thanh, Giang (December 2017). Vietnam’s recognition and enforcement of foreign arbitral awards and preparation for EVFTA (SECO Working Paper Series 18/2017). Bern, Switzerland: SECO, World Trade Institute University of Bern
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Arbitration activities in Vietnam is becoming a popular choice of investors in dispute resolution. However, European investors in Vietnam repeatedly raised concerns that it is extremely difficult in practice to achieve the recognition and enforcement of foreign arbitral awards through the Vietnamese courts. Now the European - Vietnam Free Trade Agreement (EVFTA) which is expected to take effect in 2018 has imposed a new two-tier investment court system (ICS) for investors-States dispute settlement (ISDS) instead of traditional arbitration-based ISDS. This paper focuses on analysing the compatibility between the ICS mechanism and Vietnam legal framework and current practice in recognition and enforcement of foreign arbitral awards, thereby proposing some recommendations for Vietnam’s preparation with the EVFTA ahead.
Item Type: |
Working Paper |
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Division/Institute: |
02 Faculty of Law > Department of Economic Law > World Trade Institute 10 Strategic Research Centers > World Trade Institute |
Subjects: |
300 Social sciences, sociology & anthropology > 380 Commerce, communications & transportation |
Series: |
SECO Working Paper Series |
Publisher: |
SECO, World Trade Institute University of Bern |
Funders: |
[UNSPECIFIED] Swiss State Secretariat for Economic Affairs |
Projects: |
[UNSPECIFIED] SECO/WTI Academic Cooperation Project |
Language: |
English |
Submitter: |
Pablo Rahul Das |
Date Deposited: |
10 Jan 2018 14:32 |
Last Modified: |
31 Jul 2021 10:17 |
Additional Information: |
Research for this paper was funded by the Swiss State Secretariat for Economic Affairs under the SECO / WTI Academic Cooperation Project. |
BORIS DOI: |
10.7892/boris.108216 |
URI: |
https://boris.unibe.ch/id/eprint/108216 |
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