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On June 25, 2024, ASL LAW, in collaboration with the Singapore law firm WongPartnership LLP (Big 4 Law Firm in Singapore), organized the seminar “Experience in dispute resolution by international arbitration in Singapore and enforcement of arbitral award in Vietnam.”
Speakers attending the seminar “Experience in dispute resolution by international arbitration in Singapore and enforcement of arbitral award in Vietnam” include:
+ Mr. Vu Tuan Anh, ASL LAW: Mr. Vu Tuan Anh has many years of experience supporting Vietnamese businesses related to dispute resolution in arbitration, especially international arbitration, including the dispute resolved at the Singapore International Arbitration Center (SIAC), recognizing and enforcing international arbitration awards in Vietnam.
+ Mr. Joel Quek, Partner, WongPartnership: Mr. Joel Quek is a renowned expert in the field of dispute resolution through international arbitration, covering areas such as commercial, corporate, shareholder, and employment disputes across various sectors including energy, import-export, media, finance, and construction. Joel is also licensed to practice investment arbitration, representing both private investors and several countries.
During his presentation, Mr. Joel Quek shared valuable and practical experiences from handling international disputes in Singapore. He also outlined the processes and procedures of international arbitration, as well as important considerations when enforcing arbitral awards in Vietnam. Through specific examples and detailed analysis, he helped attendees gain a clearer understanding of the challenges and opportunities in this field.
International Arbitration Experiences in Singapore Involving Vietnamese Parties
The topic shared by Mr. Joel Quek focused on international arbitration experiences in Singapore involving Vietnamese parties. Singapore boasts a transparent legal system, modern legal infrastructure, and a team of experienced and internationally reputed arbitrators. He also shared practical experiences in preparing documents, litigation strategies, and how to work effectively with arbitrators.
Additionally, Mr. Joel emphasized the specific factors that Vietnamese parties need to consider when participating in international arbitration in Singapore, such as differences in legal culture, language, and procedural rules. He recommended that Vietnamese businesses prepare thoroughly and cooperate closely with experienced legal experts to ensure the dispute resolution process goes smoothly and achieves the desired results.
4 notes for Vietnamese businesses to consider when engaging in dispute resolution in Singapore International Arbitration Center (SIAC)
First, Mr. Joel shared what Vietnamese businesses should expect in disputes resolved through international commercial arbitration. There are four key points to consider:
- Initiating arbitration proceedings: Checking clauses for arbitration eligibility, submitting arbitration notices, responding to notices, and filing counterclaims.
- Verifying and challenging the arbitral tribunal’s jurisdiction in resolving the dispute.
- Understanding the composition of the arbitral tribunal, whether it will be coordinated by a sole arbitrator or three arbitrators.
- Preparing and submitting documents related to the dispute, such as witness statements, expert reports, summaries or detailed allegations/arguments, and considerations before the hearing.
Important notes when preparing pre-hearing witnesses and expert reports
Next, Mr. Joel shared his personal experience working with Vietnamese individuals/businesses in international arbitration, focusing on key considerations when preparing witnesses before the hearing to ensure accurate and clear testimony, avoiding misunderstandings by the tribunal and other parties.
Regarding expert reports, it is crucial to ensure that the experts fully agree with and affirm that their submitted reports are truthful, based on their best knowledge, expertise, and understanding.
The importance and role of co-counsel in resolving a dispute through Singapore international commercial arbitration (SIAC)
Finally, Mr. Joel highlighted the importance and role of co-counsel in resolving disputes through international commercial arbitration and some notable aspects of the arbitration system in Singapore, which can help spread experience for Vietnam to implement in its legal system.
These considerations include instances where the court will review the validity of the initial decision or arbitration award based on appeals or objections from other parties, usually concerning the jurisdiction of the issuing authority. In urgent cases, parties may request the court to issue interim relief to support the enforcement of arbitration awards, preventing asset flight or evasion of award enforcement.
Third-party litigation funding
Lastly, Mr. Joel noted a form of legal financing that can support Vietnamese individuals and businesses lacking financial resources to pursue legal actions through Third-party litigation funding (TPF), which is popular in Singapore.
However, he expressed that this model would be challenging to implement in Vietnam in the near future because Vietnamese law currently lacks regulations on TPF or similar forms of support, despite the practical existence of many cases involving TPF-like participation.
Enforcement of Foreign Arbitration Awards in Vietnam
Following Mr. Joel’s presentation, Mr. Vu Tuan Anh, representative of ASL LAW, shared his experiences in resolving disputes through commercial arbitration in Singapore and enforcing foreign arbitration awards in Vietnam.
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
He began by discussing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Since Vietnam is a signatory to the 1958 New York Convention, the basis for recognizing and enforcing or refusing to recognize foreign arbitration awards in Vietnam is carried out according to the Convention’s content and spirit.
Non-recognition of a foreign arbitral award in Vietnam
According to statistics from Vietnam’s Ministry of Justice up to 2020, Vietnam has recognized about two-thirds of foreign arbitration awards for enforcement within its territory. The remaining 33% that were not recognized represents a significant number, resulting in damages to the rights and interests of the involved parties, both Vietnamese and international businesses.
Five main reasons for the non-recognition and enforcement of foreign awards in Vietnam
Lawyer Vu Tuan Anh identified five main reasons for the non-recognition and enforcement of foreign awards in Vietnam:
- Case 1: The signatory lacked the authority.
- Case 2: Improper notification, timing, and method to the relevant parties.
- Case 3: The arbitral body lacked jurisdiction over the dispute.
- Case 4: The arbitral body mishandled arbitration procedures.
- Case 5: The arbitration award contravened fundamental principles of Vietnamese law.
After Mr. Vu Tuan Anh’s presentation, both in-person and online attendees posed numerous questions about resolving commercial disputes through international arbitration and enforcing foreign arbitration awards in Vietnam.
Through the seminar, participants not only gained a better understanding of the international arbitration process in Singapore but also learned the necessary steps to protect their rights in international commercial disputes.
The seminar concluded successfully. ASL LAW sincerely thanked Mr. Joel Quek for visiting their headquarters and sharing his valuable experiences. At the end of the seminar, Lawyer Pham Duy Khuong, Managing Director of ASL LAW, presented a commemorative gift to Mr. Joel, expressing gratitude and the hope for future sharing sessions to strengthen ties between the two parties and spread legal knowledge within the community.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers, especially related to cross-border legal services, typically disputes in international arbitration. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for litigation and dispute resolution. If you need any advice, please contact us for further information or collaboration.
