Vietnamese Courts’ Annulment and Non-Recognition of Foreign Arbitral Awards: Inconsistencies with the New York Convention and International Norms
The practice of annulment and non-recognition of foreign arbitral awards by Vietnamese courts presents significant inconsistencies with the principles outlined in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and established international norms. Despite Vietnam’s commitment to uphold the Convention, its courts have often taken a restrictive approach, subjecting foreign arbitral awards to heightened scrutiny. This includes referencing vague and broad public policy grounds for annulment, which diverges from the Convention’s intent to facilitate the recognition and enforcement of awards. Such practices not only create an unpredictable legal environment but also discourage foreign investment by fostering concerns over the reliability of arbitration outcomes in Vietnam.