From an academic perspective, the fundamental principles of Vietnamese law can be clearly presented and analysed based on the Constitution and foundational statutes. However, in judicial practice and law enforcement, the issue is far more complex…
The enforcement of an arbitral award is the last and most crucial step of the arbitral process, as it enables the successful party to obtain the practical benefits of the award.
On 28 March 2025, the Malaysian Court of Appeal unanimously upheld the decision of the Kuala Lumpur High Court to recognise and enforce a foreign arbitral award under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID).
A fair process is foundational to the legitimacy of arbitration. Without a fair, impartial, and equal arbitral process, any party may rightly seek to set aside the resulting arbitral award.
Recently, the Singapore courts have partially set aside two arbitral awards for, respectively, a breach of natural justice and dealing with issues outside the scope of submission to arbitration.
In the recent Constitutional Court Decision No. 100/PUU-XXII/2024, the Constitutional Court clarified what qualifies as a “foreign arbitral award” under Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution.
In a landmark decision, the Supreme People’s Court of Vietnam, the country’s apex court, recognised and enforced an arbitral award issued under the 2017 ICC Rules.
When seeking to resolve a dispute, parties generally aim for a full and final resolution to the dispute. In arbitration, this takes the form of a final arbitral award.
In general, only the parties to an arbitration may participate in proceedings to enforce the resulting arbitral award. Are there exceptions to this?
Please contact the editorial team at arbitrationasia@rajahtannasia.com.
© All Rights Reserved 2024
Rajah & Tann Asia is a network of member firms with local legal practices in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam. Our Asian network also includes our regional office in China as well as regional desks focused on Brunei, Japan and South Asia. Member firms are independently constituted and regulated in accordance with relevant local requirements.
The contents of this website are owned by Rajah & Tann Asia together with each of its member firms and are subject to all relevant protection (including but not limited to copyright protection) under the laws of each of the countries where the member firm operates and, through international treaties, other countries. No part of this website may be reproduced, licensed, sold, published, transmitted, modified, adapted, publicly displayed, broadcast (including storage in any medium by electronic means whether or not transiently for any purpose save as permitted herein) without the prior written permission of Rajah & Tann Asia or its respective member firms.
Please note also that whilst the information on this website is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as legal advice or a substitute for specific professional advice for any particular course of action as such information may not suit your specific business and operational requirements. You should seek legal advice for your specific situation. In addition, the information on this website does not create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on the information on this website.