Vietnam Case Update: Recognition and Enforcement of Foreign Arbitral Awards (Realogy Group LLC v. Minh Viet Investment JSC)

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TL;DR This decision concerns a dispute over a trademark license agreement entered into between a Vietnamese investment company and a foreign company. Having obtained an arbitral award in its favour, the foreign party applied for recognition and enforcement of the award in the Vietnamese courts. Ultimately, the court accepted the application. IAA Lead Editor for Vietnam Nguyen The Duc Tam ...

Emergency Arbitration in Asia: A Survey of Recent Developments

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TL;DR The rapid rise of emergency arbitration procedures (‘emergency arbitration’) represents a key innovation of the modern arbitral landscape. In particular, arbitral institutes in Asia have been at the forefront of driving change in recent years. This piece begins with a brief analysis of the rationale and emergence of emergency arbitration.  It then surveys some key developments across six jurisdictions in ...

New Zealand Case Update: Securing Evidence from Foreign Witnesses (Dalian Deepwater Developer Ltd v Dybdahl [2015] NZHC 151)

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<br> I.  INTRODUCTION The problematic issue of compelling a local witness to give evidence in an international arbitration, outside its jurisdiction, arose before the New Zealand (“NZ”) High Court in early 2015. In Dalian Deepwater Developer Ltd v Dybdahl [2015] 3 NZLR 260, the Court assessed its own jurisdiction to do so, under section 184 of the New Zealand Evidence …

Seoul’s Prospects as a Regional Seat for International Arbitration

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TL;DR In the Asia-Pacific region, Hong Kong and Singapore are recognised as the leading seats for international arbitration. Seoul, despite its best efforts, trails a distance. IAA Lead Editor for South Korea Seungmok Oh, examines Seoul’s "strengths" and "weaknesses" as a seat for international arbitration. I.  INTRODUCTION South Korea[1] has a long history with international commercial arbitration. In 1966, Korea enacted ...

Singapore Case Update: Test for Stay of Arbitral Proceedings (AYY v AYZ and another [2015] SGHCR 22)

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TL;DR Case Name: AYY v AYZ and another [2015] SGHCR 22 (available here) Court: Singapore High Court Coram: Colin Seow AR<br></br> Date Delivered: 15 December 2015 In this decision, the Singapore High Court considered the proper test for a stay of arbitral proceedings where parties have appealed to the courts to determine whether an arbitral tribunal has jurisdiction. In accordance with section ...

Recent Cases Concerning Agricultural Products Before the Vietnam International Arbitration Centre: Calculation of Damages from Vietnamese Perspective

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TL;DR IAA Lead Editor for Vietnam Nguyen The Duc Tam examines three recent Vietnam International Arbitration Centre ("VIAC") decisions involving agricultural products. I.  INTRODUCTION In the last few years, Vietnam’s agricultural exports have made significant achievements. Vietnam is now one of world’s top exporters in many agricultural products. As markets expand, there are many commercial disputes between Vietnamese and foreign companies ...

Singapore Case Update: Setting Aside an Award on the Grounds of the Scope of the Arbitration and Breach of Natural Justice (AYH v AYI and another [2015] SGHC 300)

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TL;DR Case Name: AYH v AYI and another [2015] SGHC 300 (available here) Court: Singapore High Court Coram: Judith Prakash J<br></br> Date Delivered: 23 November 2015 In this decision, the Singapore High Court considered an application to set aside an arbitral award. The application was made on the grounds that the dispute was beyond the remit of the arbitration and that there was a breach ...

Vietnam Case Update: Arbitrability of Residential Tenancy Disputes (Nguyen Van Hung and Spouse v. Victoria Healthcare My My JSC)

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TL;DR Citation: Nguyen Van Hung and Spouse v. Victoria Healthcare My My JSC (2014) Court: People’s Court of Ho Chi Minh City Relevant Legislation: Vietnam Law on Commercial Arbitration 2010; Vietnam Law on Commerce 2005 In this decision, the People's Court of Ho Chi Minh City was called to consider the arbitrability of a residential tenancy dispute. The Court rejected arguments that the residential ...

Thailand Case Update: Implications of an Agreement to Rely on Court Decisions in Arbitration (Supreme Court Decision 10057/2555)

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I.  BACKGROUND The case between Bangkok Insurance Public Limited Company (“the Plaintiff”) and Nam Seng Insurance Public Limited Company (“the Defendant”) arose from the Plaintiff’s application to the courts to enforce an arbitral award. The parties had submitted a dispute to an arbitral tribunal under the General Insurance Association (“the Association”). Article 22 of the Association’s Arbitration Regulations (“Art. 22”) …

Thailand Case Update: Arbitrating Tort Claims (Supreme Court Decision 4288/2588 [2015])

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I.  BACKGROUND In this case, Tongkum Company Limited (the “plaintiff”) and Deutsch Bank AG (the “defendant”) entered into a “Facility Agreement” and an “Export Contract” relating to  a shipment of gold from the plaintiff to the defendant. Each agreement included an arbitration clause that stipulated that any dispute shall be to the London Court of International Arbitration (“LCIA”). Subsequently, the …