CLICK TO EDIT MASTER TITLE STYLE€¦ · How DFDL is Organized? 2 * DFDL collaborating firms. 4...

How DFDL is Organized?

2

* DFDL collaborating firms. 4 Desks China Desk

. 9 countries. 13 offices

. 6 Regional Practice Groups

Singapore Thailand VietnamIndonesia* Lao PDR MyanmarBangladesh Cambodia*

ASEAN DeskBangkok, Phuket, Samui

HanoiHo Chi Minh CityJakarta Vientiane Yangon

NaypyidawDhaka Phnom Penh

Corporate and Mergers & Acquisitions

Banking, Finance and Technology

Energy, Mining and Infrastructure

Real Estate and Construction

Taxation and Accounting

Philippines*

Manila

Employment

French DeskIndia Desk Japan Desk

D FD L

Why DFDL?

3

WHY DFDL ?

DFDL

Matching Footprint

Pioneers in emerging markets of

Asia

Committedto emergingmarkets

Full service legal and tax

Award‐winning legal

and tax practice

Seamless delivery of quality legal services

Collaboration across cultures & jurisdictions

Single point of contactCentrally managed

approach to service delivery

Fullyintegrated

FirmOne region, One firm

“DFDL Way”

Operating at international standards

Premium legal services in

niche markets

Presentation Outline

When can foreign arbitral awards be enforced in Vietnam?

What is the process for the recognition and enforcement of foreign arbitral awards?

Overview on key legal framework 1

2

3

4

5

6

Grounds for refusal of recognition and enforcement

Procedures to be followed to enforce the award

Traditional dispute resolution options

4

Overview on Key Legal Framework

The 1958 New York Convention (Vietnam became a member in 1995)

The Civil Procedure Code 2015

The Law on Commercial Arbitration 2010

Resolution 01/2014 issued by the Supreme People’s Court in 2014 on implementation of the Law on Commercial Arbitration 2010

Overview on Key Legal Framework

6

When can Foreign Arbitration Awards be Enforced in Vietnam?

Whe

n can Fo

reign Arbitration

Awards be En

forced

in Vietnam

? Awards of arbitrators of a foreign country where such foreign country and Vietnam are both members of an international treaty on recognition & permission for enforcement of foreign arbitration awards (inter alia, a signatory state to the New York Convention 1958); or

Awards of foreign arbitrators not falling under the case above, on the basis of the principle of reciprocity

To be enforced in Vietnam, a foreign arbitral award must be formally recognized and held enforceable by a relevant Vietnamese court

The court in Vietnam should not retry the case but may refuse recognition

8

When can Foreign Arbitration Awards be Enforced in Vietnam?

What is the Process for the Recognition & Enforcement of Foreign Arbitral Awards?

STEP 1Petition for recognition and enforcement in Vietnam of foreign arbitral awards &

supporting documents to the Ministry of Justice orthe competent court

(i) If the petition is submitted tothe Ministry of Justice, theMinistry of Justice must forwardthe case file to the relevantcompetent court

(ii) The competent court: the courtof provincial level in which theaward debtor resides (if anindividual) or has itsheadquarters (if a company ororganization) or the placewhere the property relating tothe enforcement is located

10

What is the Process for the Recognition & Enforcement of Foreign Arbitral Awards?

STEP 2Within 5 working days

from the date of receiving the petition

& its supporting documents

The competent court must:

Accept the case

Notify:‐ Award debtor ‐ Prosecuting agencies

11

What is the Process for the Recognition & Enforcement of Foreign Arbitral Awards? (cont.)

STEP 3The competent court will have 2 months (can be extended by another 2 months)

to examine the case file to decide to:

suspend the proceedings; or

terminate the proceeding; or

open a meeting session to consider the petition

12


STEP 4Within 20 days

from the date of the decision

The competent court opens a meeting session for consideration of the petition

13


STEP 5After the

meeting sessionThe petition

consideration council will issue a decision

on:

Recognizing and permitting enforcement in Vietnam

OR

Non‐recognizing the award of the foreign arbitrators

14


Grounds for Refusal of Recognition & Enforcement

Grounds for Refusal of Recognition & Enforcement

16

Incapacity of party

Invalidity of arbitration agreement

Lack of notice

Arbitrator acting in excess of authority

Arbitral process not consistent with arbitration agreement

Grounds for Refusal of Recognition & Enforcement (cont.)

17

Award not yet binding

Award set aside

Dispute not arbitrable

Award is contrary to the basic principles of the laws of Vietnam

Procedures to be Followed to Enforce the Award

The parties are encouraged to comply with the award voluntarily

Procedures set out in the Law on Enforcement of Civil Judgments 2008, as amended in 2014

If on expiry of the time‐limit for complying with the award, the award debtor has not voluntarily complied with the award:The award creditor has the right to request competent state enforcement agency to enforce such award

Procedures to be Followed to Enforce the Award

19

The award creditor generally has to submit a separate application to the competent state enforcement agency for an order enforcing the award

The enforcement agency issues an enforcement decision and notifies the award debtor

If the award debtor fails to comply within the 15‐day period for voluntary compliance: The award debtor has 15 days to voluntarily comply with such decision & will be coerced into complying with the decision

Procedures to be Followed to Enforce the Award (cont.)

20

Traditional Dispute Resolution Options

22

Traditional Dispute Resolution Options

Int’l Arbitration Local Arbitration Local Courts

Professionalism ***** *** *

Ethic/Transparency ***** *** *

Quality of Decision ***** *** *

Timeline *** *** **

Enforceability * *** ****

Note: Comparison based on informal feedback from international clients

Thank you

Hanh TranPartner,

Head of HCMC office, DFDL Vietnam

23

CLICK TO EDIT MASTER TITLE STYLE€¦ · How DFDL is Organized? 2 * DFDL collaborating firms. 4...

Documents

Transcript of CLICK TO EDIT MASTER TITLE STYLE€¦ · How DFDL is Organized? 2 * DFDL collaborating firms. 4...