A. LEGISLATION, TRENDS AND TENDENCIES
There have been no significant changes in Vietnamese
arbitration legislation in the past year.
B. CASES
B.1 Violations of Arbitration Proceedings
SA Metal Group (Pty) Ltd (“SA Metal”) v. Bong Sen Vang
Import - Export Investment Joint Stock Company (“BSV”)
On 7 April 2010, SA Metal entered into contract with BSV for
the sale of steel. However, BSV breached its contractual
obligation which caused loss for SA Metal. As agreed in the
contract, the dispute then was referred to the Court of Arbitration
of the ICC in Singapore for arbitration under its arbitration rules.
The ICC issued the award in favour of SA Metal. SA Metal then
sought the recognition and enforcement of the award in Viet
Nam. On September 17, 2012, the People’s Court of Hanoi
refused to recognize and enforce the award, as there was a
breach of the procedure for the appointment of an arbitrator and
impropriety in the correspondence between the ICC and BSV.