Title Page
ABSTRACT
Contents
Chapter 1: Introduction 9
Chapter 2: Basic background of arbitration and recognition and enforcement of the foreign commercial arbitral award 12
2.1. Definition and the role of Arbitration 12
2.1.1. The concept of arbitration 12
2.1.2. Characteristics of arbitration 14
2.1.3. Benefits of arbitration 18
2.2. Concept of "arbitral award" 20
2.3. The element of foreign in a foreign arbitral award 23
2.4. The element "commercial" 25
2.5. Legal reasons for recognition and enforcement of the foreign arbitral award 27
Chapter 3: Legal framework and sources on recognition and enforcement of foreign arbitral awards 30
3.1. International conventions 30
3.1.1. The 1923 Geneva Protocol on Arbitration Clauses and the Geneva Convention 1927 30
3.1.2. The New York Convention 1958 31
3.1.3. The Model Law 34
3.2. Bilateral treaty 36
3.3. Vietnamese domestic laws 37
3.4. Relationship between international laws and domestic laws relating to recognition and enforcement. 39
3.4.1. Relationship between the New York Convention 1958 and the other internal conventions 40
3.4.2. Relationship between the New York Convention 1958 and national laws 41
3.4.3. Reservations 42
Chapter 4: Issues in Recognizing and Enforcing Foreign Commercial Arbitral Awards 47
4.1. Role of Courts in Recognition and Enforcement of Foreign Commercial Arbitral Awards. 47
4.2. Principles Governing Recognition and Enforcement 57
4.3. The procedure of requirements for recognition and enforcement of the foreign commercial arbitral awards 59
4.3.1. Requirements of filing under the New York Convention 1958 60
4.3.2. Procedure for recognition and enforcement of foreign arbitral awards made in non-contracting members of the New York Convention 1958 66
4.3.3. The time bar for enforcement 67
4.3.4. Vietnamese procedure for recognition and enforcement of the foreign arbitral award. 68
4.4. Application of International Conventions and Domestic laws 73
4.4.1. Application of international treaties 73
4.4.2. The more favorable right provisions 76
CHAPTER 5: Grounds for Non-Enforcement 78
5.1. Grounds to be raised by the opposite party 81
5.1.1. Incapacity of the parties and lack of invalidity of the arbitration agreement 81
5.1.2. Lack of notice or fairness 84
5.1.3. Arbitrator acting in excess of authority 88
5.1.4. The Tribunal or the Procedure is not in accord with the Parties' Agreement 91
5.1.5. The award is not yet binding or has been set aside 95
5.2. Ground for refusal on the court's motion 101
5.2.1. Subject matters are not capable of settlement by arbitration 103
5.2.2. Public Policy 105
5.3. The grounds of refuse enforcement in Vietnam 109
Chapter 6: Recommendations and Conclusion 116
6.1. Recommendations 116
6.1.1. Recommendation relating to the definition of the foreign arbitral award. 116
6.1.2. Interpretation of the element of commercial 118
6.1.3. Recommendation relating to procedures of recognition and enforcement of the foreign arbitral award. 121
6.1.5. Recommendations relating to the ground of refuse to recognize and enforce the foreign arbitral award. 125
6.2. Conclusion 127
References 130