International Arbitration Law Syllabus

A collection of flashcards based on key concepts and principles from the International Arbitration Law course for efficient review.

What is the definition of arbitration?

A dispute resolution mechanism where a third party resolves disputes arising between parties exercising jurisdictional power assigned by them.

What are the main characteristics of arbitration?

Arbitration is based on party agreement, involves chosen arbitrators, is independent of state power, has final and binding awards, and is confidential.

How does arbitration differ from state court dispute resolution?

Arbitration originates from party agreement, while state court powers come from law. Arbitration procedures are flexible, state procedures are mandatory.

What is mediation in the context of dispute resolution?

A method where a neutral third party assists parties in reaching a negotiated settlement without making a binding decision.

What are the types of arbitration?

Types include permanent (institutional) and ad hoc arbitration.

What are the main sources of arbitration law in Vietnam?

The national source is the Commercial Arbitration Law 2010, and the international source includes the New York Convention 1958.

What is the significance of the arbitration clause?

It eliminates state court jurisdiction and grants the arbitral tribunal the authority to resolve disputes.

What conditions must be met for an arbitration clause to be valid?

Must relate to arbitrable disputes, the parties must have capacity, it must be in the correct form, and not violate any laws.

What is ‘competence-competence’ in arbitration?

The principle that allows the arbitral tribunal to determine its own jurisdiction.

What is an arbitral award?

The decision of the arbitral tribunal that resolves the dispute and concludes the arbitration proceedings.

What are the legal effects of an arbitral award?

It is final, binding, and enforceable, and can only be annulled under specific grounds set by law.

Can an arbitral award be appealed?

Generally, no; arbitral awards are usually final and cannot be appealed.

What grounds can lead to annulment of an arbitral award?

Lack of jurisdiction, invalid arbitration agreement, procedural irregularities, or violations of fundamental principles of law.

What steps are involved in the enforcement of a foreign arbitral award?

Recognition by a state court and execution in accordance with local laws.

Who has the right to enforce a foreign arbitral award in Vietnam?

The creditor or their legal representative if the debtor has a presence in Vietnam.

What does it mean for an arbitration clause to be independent?

An arbitration clause can exist separately from the contract it is included in and maintains its validity irrespective of the contract's validity.

What is the role of an arbitrator?

To resolve the disputes impartially based on the arbitration agreement and procedural rules.

What requirements must one meet to be an arbitrator in Vietnam?

Must have civil capacity, relevant qualifications, and experience, and must not have professional disqualifications.

What are arbitration costs?

Expenses related to arbitration services, including arbitrator fees, administrative costs, or expert consultation fees.

What happens if a party cannot execute an arbitral award?

The creditor may seek enforcement from the civil judgment execution authority.

What is the procedure for registration of an arbitral award?

For ad hoc awards, registration with the state court is mandatory within a year of issuance.

What condition determines whether an arbitral award is foreign?

An award rendered by a foreign arbitral tribunal outside Vietnam or within Vietnam for a dispute chosen by the parties.

What body governs commercial arbitration in Vietnam?

The Ministry of Justice and various arbitration centers, including the Vietnam International Arbitration Center.

How can parties resolve disputes before arbitration?

By engaging in mediation or reconciliation as part of a multi-level dispute resolution agreement.

How does the law of the seat affect arbitration proceedings?

The law of the seat typically governs procedural aspects of arbitration, even if the arbitration has international elements.

What is indicated by the term ‘final nature’ of an arbitral award?

An award cannot be modified, appealed, or disregarded without specific grounds recognized by law.

What is the implication of the annulment of an arbitral award?

The annulment nullifies the effectiveness of the award, preventing enforcement.

What does the New York Convention 1958 relate to in arbitration?

It deals with the recognition and enforcement of foreign arbitral awards among member states.

What defines the method of determining the applicable law for arbitration?

The law chosen by the parties to govern the arbitration agreement; if not chosen, the law of the seat applies.