The Possibility of Recognizing Emergency Arbitration in National Laws of Countries with Developing Commercial Arbitration: Experience from Vietnam

Contemporary Asia Arbitration Journal, Vol. 14, No. 2, pp. 185-210, November 2021

26 Pages Posted: 27 Jan 2022

See all articles by Huynh Quang Thuan

Huynh Quang Thuan

Ho Chi Minh City (HCMC) University of Law

TRAN Hoang Tu Linh

Ho Chi Minh City (HCMC) University of Law

Date Written: November 29, 2021

Abstract

Emergency arbitration—a relatively new innovation in international arbitration, is a procedure that allows the disputing parties to seek interim urgent measures before the substantive arbitral tribunal is formed. Despite the growing interest in the procedure, little is known about its application, especially in emerging economies. This article seeks to fill that information gap by offering a case study of Vietnam, one of several such emerging economies in South East Asia which has been actively developing its alternative dispute resolutions, particularly commercial arbitration. Specifically, the authors will explore how existing Vietnamese national laws could be interpreted to apply to emergency arbitration, as well as potential benefits of and possible push backs against the formal recognition of the same procedure. The research will hopefully supply a valuable data point and reference for other countries at similar stage of development in commercial arbitration.

Keywords: Vietnam, commercial arbitration, emergency arbitration, interim urgent measures

Suggested Citation

Thuan, Huynh Quang and Linh, TRAN Hoang Tu, The Possibility of Recognizing Emergency Arbitration in National Laws of Countries with Developing Commercial Arbitration: Experience from Vietnam (November 29, 2021). Contemporary Asia Arbitration Journal, Vol. 14, No. 2, pp. 185-210, November 2021, Available at SSRN: https://ssrn.com/abstract=3976835

Huynh Quang Thuan (Contact Author)

Ho Chi Minh City (HCMC) University of Law ( email )

Vietnam

TRAN Hoang Tu Linh

Ho Chi Minh City (HCMC) University of Law ( email )

2 Nguyen Tat Thanh Street
District 4
Ho Chi Minh City
Vietnam

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