This case study analyzes an arbitration case in Vietnam
concerning the transfer of arbitration agreements in the context of
subrogation rights. It examines whether an insurance company,
having acquired the right to claim damages from an insured party,
can compel arbitration based on the original contract's
arbitration clause, even without a direct agreement with the
respondent.
Resource:
https://www.viac.vn/thu-tuc-trong-tai/086-%7C-chuyen-giao-quyen-yeu-cau-keo-theo-chuyen-giaothoa-thuan-trong-tai-a229.html
Facts
Company S (Lender) lent molds to Company D (Borrower) under a
loan agreement, which included an arbitration clause stipulating
that disputes would be resolved through the Vietnam International
Arbitration Centre (VIAC). A fire damaged the molds. Company S
transferred its right to claim compensation for the damages from
Company D to Insurance Company V under a transfer agreement.
Subsequently, Insurance Company V filed a claim in arbitration
against
