Vietnam - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Fred Burke is the Managing Partner of Baker & McKenzie’s Vietnam offices, which he helped to establish in the early 1990s following postings in New York and Shanghai. His commercial and property practices involve a regular stream of contentious matters, often involving influential state-owned, foreign or local government entities. A member of the Prime Minister’s Advisory Council on Administrative Reform since 2008, his work on numerous legislative drafting projects involving Vietnam’s main commercial and investment laws gives him insights when provisions of these laws come up in cross border disputes.

Chi Anh Tran is an Associate in Baker & McKenzie's office in Ho Chi Minh City and a member of the Dispute Resolution Practice Group. Her principal practice areas include dispute resolution, compliance and competition law.

Andrew Fitanides is an Associate in Baker & McKenzie's Ho Chi Minh City office and a member of the Dispute Resolution Practice Group working primarily in commercial litigation.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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Vietnam
Fred Burke, Chi Anh Tran, and Andrew Fitanides

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Background and Overview of the Applicable Law

Vietnam has a growing economy and an improved investment regime. In 2007, Vietnam acceded to the WTO and the United States granted it permanent normal trade relations. These developments have made Vietnam an attractive destination for foreign investment, and increased investment will lead to more disputes. Historically, arbitration has not been a popular means for resolving disputes in Vietnam, particularly those involving foreign and foreign-invested enterprises. This year, however, reforms contained in the Law on Commercial Arbitration4 that replaced the often-criticized 2003 Ordinance on Commercial

Table of Contents:

Vietnam
Fred Burke, Chi Anh Tran, and Andrew Fitanides

A. Legislation, Trends and Tendencies
A.1 Background and Overview of the Applicable Law
A.2 Arbitration in Vietnam
A.3 Enforcement of an Arbitral Award
A.4 Trends and Tendencies
B. Cases
B.1 Lack of Capacity to Enter Arbitration Agreement
B.2 Violations of Arbitration Proceedings
B.3 Unspecified Dispute Resolution Body
B.4 Public Policy Objections
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Rules that COnstitute "Public Policy"