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VIETNAM 2026-2
Ho Chi Minh City People’s Court, 28 September 2020
(Company D v. Kim Ngoc P Trading Company Limited)
VIETNAM 2026-2
The Court granted recognition and enforcement of a Korean award. As the award debtor did not appear at the hearing, the Court, having found that the award creditor had supplied the necessary documents, examined the possible grounds for refusal on its own initiative and concluded that none existed.
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.