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A. LEGISLATION AND RULES A.1 Legislation Arbitration procedures in Vietnam continue to be mainly governed by Civil Procedure Code No. 92/2015/QH13 (CPC), Law on Commercial Arbitration No. 54/2010/QH12 (LCA), and Resolution No. 01/2014/NQ-HDTP issued by the Supreme Court of Vietnam providing further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the 2006 UNCITRAL Model Law. There are, however, some provisions that differ from the Model Law. These…

VIETNAM Frederick Burke, Quach Minh Tri and Nguyen Quy Hoai A. LEGISLATION AND RULES A.1       Legislation Arbitration procedures in Vietnam continue to be mainly governed by Civil Procedure Code No. 92/2015/QH13 (CPC), Law on Commercial Arbitration No. 54/2010/QH12 (LCA), and Resolution No. 01/2014/NQ-HDTP issued by the Supreme Court of Vietnam providing further guidance on the implementation of certain provisions of the LCA. The LCA is generally based on the 2006 UNCITRAL Model Law. There are,…

The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…

As Vietnam’s trade and investment ties with the global economy continue to deepen, it is normal and inevitable that a small minority of projects will end up in disputes, as recent cases highlighted by the press illustrate. It is a positive step, therefore, that on 14 January 2014, the Prime Minister of Vietnamese Government issued Decision No. 04/2014/QD-TTg (“Decision 04” or “Decision”) regulating the coordination between the Vietnamese States bodies in international investment disputes settlement.…