Title Page
ABSTRACT
Contents
CHAPTER ONE: INTRODUCTION 14
1.1. Rationale. 14
1.2. The purpose of initiation of the dissertation. 19
1.3. The scope of the dissertation. 20
1.4. Research Methodology. 21
1.4.1. Research approach. 21
1.4.2. Data type. 22
CHAPTER TWO: AN OVERVIEW OF THE RECOGNITION AND ENFORCEMENT OF THE FOREIGN ARBITRAL AWARDS UNDER NEW YORK CONVENTION AND UNICITRAL MODEL LAW 23
2.1. Definition of "recognition and enforcement of the foreign arbitral award." 23
2.1.1. Definition of "foreign arbitral award". 23
2.1.2. Definition of recognition and enforcement of foreign arbitral awards. 26
2.2. Recognition and Enforcement of the foreign arbitral awards under New York Convention. 27
2.2.1. Historical overview of New York Convention. 27
2.2.2. Role of New York Convention and relationship thereof to other instruments. 29
2.2.3. The scope of application of New York Convention. 30
2.2.4. Recognition and Enforcement in New York Convention. 37
2.3. Recognition and Enforcement of the foreign arbitral awards under The Model Law. 38
2.3.1. General. 38
2.3.2. The recognition and enforcement of arbitral awards under the Model Law. 39
CHAPTER THREE: AN OVERVIEW OF GROUNDS FOR REFUSAL TO RECOGNIZE AND ENFORCE FOREIGN ARBITRAL AWARDS 42
3.1. General. 42
3.2. Grounds for refusal to recognize and enforce foreign arbitral awards. 42
3.2.1. Grounds invoked by the parties. 42
3.2.2. Grounds for ex officio refusal. 55
CHAPTER FOUR: PROFILE ON THE BASIC CONCEPTS AND LEGISLATIVE FRAMEWORK OF PUBLIC POLICY AS A GROUND FOR REFUSAL TO RECOGNIZE AND ENFORCE THE FOREIGN ARBITRAL AWARDS 61
4.1. Profile on the basic concepts of Public Policy. 61
4.1.1. General concept of public policy. 61
4.1.2. Application of public policy on the domestic, international and supranational level. 63
4.1.3. Content of public policy. 69
4.1.4. Scope of Judicial Review. 77
4.2. "Contrary to public policy" as a ground for refusal of recognition and enforcement of an award under the New York Convention and UNICITRAL Model Law. 80
CHAPTER FIVE: COMPARATIVE STUDY ON PUBLIC POLICY AS A GROUND FOR REFUSAL TO RECOGNIZE AND ENFORCE THE FOREIGN ARBITRAL AWARDS UNDER SINGAPORE AND VIETNAMESE LAW 83
5.1. Public policy as a ground for refusal to recognize and enforce the foreign arbitral awards in Singapore. 83
5.1.1. Overview of Enforcement of arbitral awards in Singapore. 83
5.1.2. Public policy as a ground for refusal to recognize and enforce the foreign Arbitral awards according to Singapore law. 97
5.2. Public policy as a ground for refusal to recognize and enforce the foreign arbitral awards in Vietnam. 115
5.2.1. Overview of Enforcement of arbitral awards in Vietnam. 115
5.2.2. Public policy as a ground for refusal to recognize and enforce the foreign arbitral awards according to Vietnamese laws. 130
CHAPTER SIX: PPOPOSAL FOR RECOGNITION AND ENFORCEMENT OF THE FOREIGN ARBITRAL AWARDS IN VIETNAM– LESSONS FROM SINGAPORE AND OTHER COUNTRIES 151
6.1. Lessons from Singapore. 151
6.2. Lessons from other countries. 154
6.2.1. United States. 154
6.2.2. Canada. 155
6.2.3. France. 157
6.2.4. Hong Kong. 159
6.2.5. Indonesia. 160
6.2.6. China. 162
6.3. Proposals for recognition and enforcement of foreign arbitral awards in Vietnam. 165
6.3.1. Recommendations for completing the legal framework of recognition and enforcement of foreign arbitral awards. 165
6.3.2. Recommendations for improving the competency of Vietnamese Courts. 171
CHAPTER SEVEN: CONCLUSION 174
BIBLIOGRAPHY 176