ADRs Blog

ADRs Blog

Discussion On How To Form A Written Arbitration Agreement In The Era Of The Technology Revolution 4.0: Arbitration Agreement Concluded By Browse-Wrap And Click-Wrap – Legal Effect And Practice

Discussion On How To Form A Written Arbitration Agreement In The Era Of The Technology Revolution 4.0: Arbitration Agreement Concluded By Browse-Wrap And Click-Wrap – Legal Effect And Practice

Apr 20, 2022

Nowadays, as the digital economy emerges, electronic agreements on online websites are becoming more and more prevalent; hence, the legal effect of establishing terms and conditions of service when accessing the website (browse-wrap) and clicking (click-wrap) are of particular interest. The following paper analyzes some of the legal aspects of online agreement conclusion, especially the establishment of the arbitration agreement by means of browse-wrap and click-wrap.

Annulment For Violations Of Procedural Rules: The Difference Between The New York Convention And The Icsid Convention?

Annulment For Violations Of Procedural Rules: The Difference Between The New York Convention And The Icsid Convention?

Apr 20, 2022

In international commerce and investment, parties to a dispute often select arbitration as an alternative dispute resolution other than litigation in which the court, an authorized state agency, adjudicate disputes. An explanation for this phenomenon is that arbitration may be the optimal means that the parties can exercise their autonomy in writing to select one or several individuals who are not representing state agencies and state power (the so-called private parties) to resolve disputes. However, to prevent the possibility of arbitrators "privatizing"  justice, [1] the New York Convention and the ICSID Convention set out the rules for annulment of arbitral award when such award violates arbitral proceeding. Here, questions arise. What rules of procedure are violated? And to what extent is the commercial and investment arbitral award annulled? This article seeks to elucidate the theory and practice of annulment for violations of procedure under the New York Convention and the ICSID Convention.

Law On Commercial Arbitration Practice At Vietnam International Arbitration Centre

Law On Commercial Arbitration Practice At Vietnam International Arbitration Centre

Apr 20, 2022

The ten years of Law on Commercial Arbitration 2010 (LCA) are also the 10-year development period of VIAC - the first institutional arbitration organization in Vietnam, the organization that goes along with the formation and advancement of the legal framework of commercial arbitration in Vietnam.

Law on Commercial Arbitration in Vietnam: A journey of development

Law on Commercial Arbitration in Vietnam: A journey of development

Apr 20, 2022

Law on Commercial Arbitration (“LCA”) enacted in 2010 was considered a major step forward for the development of commercial arbitration in Vietnam. Compared with the previous years and with international standards, LCA has made remarkable progress, namely recognizing enterprises’ freedom of choice, broadening the scope of arbitration, raising the arbitral tribunal’s authority, valuing court assistance (especially interim measures enforcement), encouraging flexibility in language of arbitration, and improving party’s autonomy in arbitration while maintaining proper manners during arbitral proceedings.

Ten-year of international standardization in arbitration

Ten-year of international standardization in arbitration

Apr 20, 2022

Mr. Doug Jones, a leading arbitrator in the international arbitration community, revealed to me his infatuation with the beautiful beach and Vietnamese delicacies after a seminar in Da Nang. He was also inspired by the confidence, assertiveness, competence and the ambition to improve domestic arbitrators to the same level as those working in the international sphere of young arbitrators and VIAC Secretaries.

Expert evidence: practical tips for managing party-appointed experts

Expert evidence: practical tips for managing party-appointed experts

Apr 20, 2022

Large-scale international infrastructure and construction projects always involve factual questions of what, where and when. However, responsibility invariably turns on more intricate questions of cause and effect and expert evidence is usually required, often across more than one discipline. The expert phase is often therefore the most critical, and sometimes costly, part of the arbitration process. This article offers some practical tips for managing party-appointed experts in arbitrations.

Is The Scope Of Arbitration Agreement In Shareholders Agreement Wide Enough? Lessons On Drafting From A Hong Kong Case

Is The Scope Of Arbitration Agreement In Shareholders Agreement Wide Enough? Lessons On Drafting From A Hong Kong Case

Apr 20, 2022

In the recent Hong Kong decision of Dickson Holdings Enterprise Co Ltd v. Moravia CV and Others  [2019] HKCFI 1424 , the court considered whether the arbitration agreement contained in the parties’ shareholders’ agreement covered disputes arising from any affairs of the company.

Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?

Future Profits vs Cost: When do Tribunals Consider a Damages Claim Too Speculative?

Apr 20, 2022

Typically, Claimants will not only claim costs incurred up to the date of the breach or expropriation, but they will also claim compensation for future profits in a but-for scenario. However, a recurring challenge raised by Respondents and/or their experts, in particular where a project or business has little or no track record of profits, is that future projections are too speculative, so that Claimants’ compensation should be limited to costs already incurred.

IP Arbitration on the Rise

IP Arbitration on the Rise

Apr 20, 2022

Disputes concerning intellectual property rights are traditionally mainly dealt with before national courts. Yet, in recent years there has been a considerable shift towards arbitration. The acknowledgement that national courts are not always the appropriate forum for IP disputes is driven by the fact that comprehensive technical knowledge is required to decide those cases. Paired with the ever more common multi-state components of such disputes, companies increasingly prefer disputes to be resolved by arbitral tribunals in lieu of state courts.