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VIETNAM 2026-3
Ho Chi Minh City High-Level People’s Court, 27 May 2021
(W v. Nhat H Food Technology Company Limited)
VIETNAM 2026-3
Finding substantial shortcomings in service of documents and procedural notifications to the award debtor in the SHIAC arbitration, the Court held that there had been a violation of due process and denied exequatur of the resulting award.
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 applicable period of limitation for seeking enforcement of an award.
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 principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.
Due process: The court discusses what are to be considered proper time limits and notice periods that fulfill the requirement that the party opposing recognition and enforcement of the arbitral award was extended due process.
Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.