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VIETNAM 2026-4
Hanoi High-Level People’s Court, 17 January 2023
(Global Payment SE et al. v. VMG Media Joint Stock Company)
VIETNAM 2026-4
The award creditors bought shares in EPAY, an electronic payment platform, from the award debtor. The Court denied enforcement of the SIAC award rendered between the parties, finding that irregularities in the SIAC virtual hearing resulted in violations of procedural fairness, and that the SIAC tribunal violated fundamental principles of fairness by refusing to postpone the hearing pending a supervisory review by the Vietnamese Supreme People’s Court of criminal judgments against EPAY, which was alleged to be involved in illegal online gambling, and by relying on those criminal judgments, later found by the Supreme People’s Court to contain factual inaccuracies, to determine the seller’s liability.
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 applicable period of limitation for seeking enforcement of an award.
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 various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.