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ARTICLE · 15 DECEMBER 2023

Pandora's Box In Commercial Arbitration?

From mythology to law, the phrase "Pandora's box" evokes the unleashing of complications and unforeseen consequences.

VietnamLitigation, Mediation & Arbitration
Herman, Henry & Dominic
Herman, Henry & Dominic
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From mythology to law, the phrase "Pandora's box" evokes the unleashing of complications and unforeseen consequences. In this context, it stands as an allegory for a recent and highly debated legal development.

I. The Stirring Verdict

The legal communities in Vietnam has been stirred into a hive of discussion recently, due to a startling decision to nullify a commercial arbitration award. The judges at the helm of this case have put forward a rationale that's raising more than just a few eyebrows.

Their argument revolves around the notion that, in the absence of explicit stipulations in the Commercial Arbitration Law, the procedural standards of the Civil Procedure Code should be enforced in commercial arbitration processes.

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