Why choose arbitration over litigation for a Vietnam-related dispute?

For most cross-border commercial disputes: arbitration is faster (often 12-18 months versus 2-4 years for Vietnamese litigation), conducted in a language the parties choose (English typically), confidential, decided by arbitrators with relevant industry expertise, and produces awards that are enforceable across borders under the New York Convention. The trade-offs: arbitration cannot order specific performance against governments, often costs more in fees, and provides limited rights of appeal. For international commercial matters, the trade-offs strongly favour arbitration.

Can a foreign arbitral award be enforced in Vietnam?

Yes. Vietnam is a party to the 1958 New York Convention and has a generally good track record of enforcing foreign arbitral awards. The procedure: file an application with the competent Provincial People's Court, submit the original (or certified copy) of the award and arbitration agreement with certified Vietnamese translation, and proceed through a hearing. The court can refuse only on the narrow grounds in Article V of the New York Convention — such as lack of valid arbitration agreement, lack of due process, or public-policy violation. Most properly-procured foreign awards are enforced.

How long does arbitration at VIAC typically take?

Simple cases on VIAC's expedited procedure (claims under approximately $250,000): 6-9 months from commencement to award. Standard procedure for medium complexity: 12-18 months. Complex international disputes with multiple parties, technical expert evidence, or significant document production: 18-24 months. Throughout, parties can settle at any stage, and many do so during or after the merits hearing, particularly when the tribunal's preliminary indications signal likely outcome.

How much does international arbitration cost?

Total costs vary widely by complexity, but as a rough guide: institutional and tribunal fees for a $5M VIAC arbitration are typically $30-80K; counsel fees on the foreign-client side typically $100-400K depending on complexity, hearing days, and document production. SIAC and ICC arbitrations are more expensive again. Many costs follow the loser, and the tribunal in its award typically orders the unsuccessful party to pay reasonable costs to the winner. I provide cost estimates with each engagement and explain the cost-allocation rules in advance.

What is investor-state arbitration and when does it apply?

Investor-state arbitration is a special form of international arbitration where a foreign investor sues a sovereign state directly, typically under a bilateral investment treaty (BIT). Vietnam has BITs with over 60 countries. If a foreign investor's investment in Vietnam has been damaged by state action (expropriation, denial of fair-and-equitable treatment, denial of justice), the investor may bring a BIT-based arbitration against Vietnam under ICSID, UNCITRAL, or other rules. These cases are sophisticated, expensive, and infrequent — but they are the highest-stakes form of international arbitration and require specialist counsel from an early stage.

Can a Vietnamese arbitration award be challenged?

Vietnamese arbitral awards (made under the Law on Commercial Arbitration 2010) can be challenged through set-aside proceedings before the Vietnamese courts. The grounds are narrow (Article 68): lack of valid arbitration agreement, party incapacity, defect in tribunal composition or procedure, breach of public policy, etc. Set-aside applications must be filed within 30 days of receipt of the award. The court can either set aside the award (returning the parties to their pre-arbitration position) or reject the application, in which case the award is final and enforceable. Foreign arbitral awards are not subject to Vietnamese set-aside procedure but can be challenged at recognition under the New York Convention.

Practice Area · International Arbitration

International Arbitration

International commercial arbitration at VIAC, SIAC, ICC, and beyond — for cross-border disputes where the parties wisely chose arbitration over litigation, and for the enforcement of foreign awards in Vietnam.

The Challenge

What Foreign Clients Face

PAIN POINT 01

The clause is everything

A poorly drafted arbitration clause produces nothing but more disputes about the dispute. The seat, language, rules, and law need careful selection.

PAIN POINT 02

Foreign awards need local enforcement

A favourable foreign award is only as valuable as your ability to enforce it where the assets are. Vietnamese enforcement procedure is reasonable but precise.

PAIN POINT 03

Multi-jurisdictional from day one

International arbitration involves coordinating counsel, evidence, witnesses, and assets across multiple jurisdictions — and the right Vietnamese counsel is the anchor for the Vietnamese leg of all of it.

About this practice

International Arbitration in Vietnam

For most cross-border commercial disputes connected to Vietnam, international arbitration is the right forum. It is faster than Vietnamese litigation. It allows parties to choose neutral, expert arbitrators. It is conducted in a language the parties choose — typically English. It is confidential. And — most consequentially — its awards are enforceable globally under the 1958 New York Convention, to which Vietnam has been a party since 1995.

I represent foreign clients in international arbitration before the Vietnam International Arbitration Centre (VIAC), the Singapore International Arbitration Centre (SIAC), the International Chamber of Commerce (ICC), and ad hoc UNCITRAL tribunals. My practice covers the full lifecycle of an arbitration: from drafting the arbitration clause at the contract stage, through commencement and tribunal constitution, evidentiary hearings, award, and — increasingly — enforcement of foreign awards in Vietnam.

Beyond the procedural mechanics, the strategic dimension of arbitration matters greatly. The choice of seat, language, governing law, and institutional rules — made years before any dispute — has enormous consequences when the dispute arrives. A well-drafted arbitration clause can mean the difference between a clean award enforceable across borders and a procedural nightmare that costs years and millions to untangle. I work both sides of this: drafting clauses that work and litigating around clauses that don't.

Why it matters

Why expert local counsel matters here

Vietnam's arbitration framework has matured significantly. The 2010 Law on Commercial Arbitration brought Vietnamese arbitration substantially into line with the UNCITRAL Model Law, and VIAC has emerged as a sophisticated regional arbitration centre with multilingual procedures, an experienced panel of arbitrators, and rules consistent with international best practice. For disputes connected to Vietnam, VIAC is often the optimal forum: regionally located, familiar with Vietnamese law and language, and producing awards that are enforced as readily abroad as in Vietnam.

The 1958 New York Convention is the cornerstone of international arbitration enforcement. It obliges contracting states to recognise and enforce arbitral awards from other contracting states, subject only to narrow grounds for refusal. Vietnam has been a party since 1995, and the Vietnamese courts have a generally good track record of enforcing foreign arbitral awards under the Convention. This is precisely the protection that international parties to Vietnamese transactions need: a final binding decision they can enforce against the Vietnamese counterparty's assets in Vietnam.

Equally, foreign awards do not enforce themselves. Recognition and enforcement under the New York Convention requires a formal application to the competent Vietnamese court (typically the Provincial People's Court), filing of the original or certified copies of the award and arbitration agreement, certified translation, and a hearing on whether any of the narrow refusal grounds applies. I handle this enforcement work for foreign clients regularly — and it is an area where local procedural fluency materially affects outcome.

Key Vietnamese Laws

Law on Commercial Arbitration 2010 (Law 54/2010/QH12): Foundational statute on commercial arbitration in Vietnam — substantially based on the UNCITRAL Model Law, governing arbitration agreement, tribunal, procedure, and award.
1958 New York Convention: Vietnam has been a party since 1995. Provides the framework for recognition and enforcement of foreign arbitral awards in Vietnam, with narrow refusal grounds.
Civil Procedure Code 2015 — Chapters on arbitration: Procedural rules in Vietnamese courts for setting aside Vietnamese awards, recognition and enforcement of foreign awards, and supporting measures.
VIAC Arbitration Rules (latest revision): Procedural rules for arbitration administered by the Vietnam International Arbitration Centre — commencement, tribunal constitution, hearings, award.
Bilateral Investment Treaties (BITs) — investor-state arbitration: Where the dispute arises from foreign investment, investor-state arbitration under ICSID, UNCITRAL, or other rules may be available based on Vietnam's 60+ BITs.

Who I Help

Built for International Clients

My practice is structured around the specific needs of clients who are new to — or unfamiliar with — Vietnam's legal system.

Companies in Cross-Border Disputes

Foreign-invested or overseas companies in commercial disputes with Vietnamese counterparties, where the contract has — or should have — an arbitration clause.

VIAC arbitration representation
SIAC, ICC, UNCITRAL representation
Multi-party and complex disputes
Construction, energy, and infrastructure arbitration

Foreign Investors with BIT Claims

Foreign investors whose Vietnamese investments have suffered government-related interference and who are considering investor-state arbitration under bilateral investment treaties.

BIT analysis and claim assessment
Notice of dispute and amicable settlement
ICSID and UNCITRAL investor-state proceedings
Coordination with international investment counsel

Award Enforcers

Foreign parties holding favourable arbitral awards (foreign or Vietnamese) seeking recognition and enforcement against assets in Vietnam.

New York Convention enforcement
Asset tracing and attachment
Setting aside opposing awards
Cross-border enforcement coordination

Detailed Services

What I Handle in This Practice Area

Pre-arbitration

Drafting arbitration clauses for international commercial contracts — institutional choice (VIAC, SIAC, ICC), seat, language, governing law, expert tribunal selection, and emergency-arbitrator provisions.

Arbitration representation

Award and enforcement

How We Work

A Clear Process from Day One

No surprises, no hidden steps. Here's exactly what happens after you reach out.

Strategy and assessment

Reviewing the contract and dispute, advising on forum, costs, timeline, and prospects of success. Written assessment within two weeks.

1-2 weeks

Commencement and constitution

Filing the request for arbitration, response, and constitution of the tribunal. Often includes early procedural skirmishes over jurisdiction or interim measures.

2-4 months

Pleadings and hearing

Submission of statements of case and defence, document production, witness statements, expert reports, and the merits hearing.

6-12 months

Award and enforcement

Final award issuance, payment by the losing party, or enforcement through Vietnamese or foreign courts as required.

2-12 months

Featured Case

ArbitrationGermany$1.5M

VIAC Arbitration for International Trade Dispute

Outcome

“VIAC tribunal awarded the German client $1.5M in damages plus interest and costs. The award was paid voluntarily within 60 days, avoiding enforcement proceedings. The long-term commercial relationship was preserved.”

Read Full Case Study

Common Questions

Frequently Asked Questions

Related Insights

For Foreign Law Firms11 min

Enforcement of Foreign Arbitral Awards in Vietnam

A practitioner's guide to enforcing foreign arbitral awards under Vietnam's New York Convention obligations — procedure, refusal grounds, and strategy.

Read Article

Get in Touch

Cross-Border Dispute Connected to Vietnam?

Whether you need to commence arbitration, defend an arbitration, enforce an award, or simply draft a clause that will work — get a confidential strategic assessment.

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International Arbitration in Vietnam