Identifying legal risks in arbitration proceedings through a number of international disputes.

(PLVN) - On December 11th, in Ho Chi Minh City, the Vietnam International Arbitration Center (VIAC), in collaboration with the Ho Chi Minh City University of Law, EPLegal Law Firm, and Ha Long Law Firm, organized a seminar on the topic "Jurisdiction of Arbitration Panels and the Principle of Fair Adjudication: Lessons from Major Cases Involving Vietnamese Parties".

The seminar took place against the backdrop of Vietnam's increasing involvement in international trade and investment relations, leading to a rise in arbitration disputes with foreign elements. In this context, identifying and controlling legal risks in arbitration proceedings, particularly concerning the jurisdiction of the Arbitration Panel and the principle of fair trial, is becoming a matter of concern for the legal community and businesses.

The seminar program was moderated by Dr. Nguyen Trung Nam (EPLegal), with the participation of many reputable international experts, arbitrators, and lawyers, including Dr. Colin Ong KC, Prof. Vo Tri Hao, Mr. Michael Kuman Lee, Dr. Le Thi Ngoc Ha, Mr. Mathew Finn, and Dr. Hoang Viet Trung. The speakers all have many years of experience in research, teaching, and directly participating in resolving major international arbitration disputes, including many cases involving Vietnamese parties in fields such as energy, industry, construction , EPC, and international trade.

At the seminar, speakers focused on analyzing the principle of fair trial , one of the fundamental principles of international arbitration proceedings, which is crucial for the recognition and enforcement of arbitral awards under the 1958 New York Convention, to which Vietnam is a signatory. According to experts, in international practice, many arbitral awards have been annulled or not recognized not due to substantive errors, but rather stemming from violations of the right to present arguments, the right to equal adversarial proceedings , or a lack of guarantee of procedural fairness.

Another key topic analyzed by the speakers was the scope and limitations of the arbitration tribunal's jurisdiction. Accordingly, the risk of exceeding jurisdiction often arises when the tribunal deals with issues outside the scope of the arbitration agreement, or interprets the arbitration clause in an excessively broad manner. In many international disputes, national courts do not delve deeply into the substance of the dispute, but are ready to overturn the award if they determine that the tribunal has exceeded the jurisdiction granted by the parties.

From a practical perspective, the speakers also emphasized the role of consulting and representation law firms in accompanying businesses right from the contract drafting stage, developing arbitration clauses , and controlling litigation risks. The seminar addressed practical lessons from cases involving EPLegal and Ha Long Law Firm, including complex disputes related to the industrial and energy sectors. Practical experience shows that even a small procedural or jurisdictional error can lead to the risk of an arbitration award being overturned in the post-litigation stage.

The seminar was considered an in-depth forum that contributed to clarifying the potential legal risks in international arbitration proceedings, especially in the context of Vietnam's increasing integration into cross-border trade and investment transactions. Correctly identifying the jurisdiction of the arbitration panel and ensuring the principle of fair trial are seen as key factors in protecting the legitimate rights and interests of the disputing parties, while strengthening confidence in the arbitration mechanism.

Source: https://baophapluat.vn/nhan-dien-rui-do-phap-ly-trong-to-tung-trong-tai-qua-mot-so-vu-tranh-chap-quoc-te.html