In the realm of international investment arbitration, few treaty provisions generate as much debate as the “umbrella clause.” Often tucked into bilateral investment treaties (BITs) or free trade agreements (FTAs), this short yet powerful clause has significant implications for investor-state disputes. But what does it actually mean, and how do tribunals interpret it? This article examines […]
The bona fide (good faith) principle is a cornerstone of international law, influencing various legal instruments, treaty interpretations, and arbitration proceedings. It serves as a fundamental guideline ensuring fairness, honesty, and reciprocity in legal relations. This article explores the role of the bona fide principle in international investment law, its application in arbitration, and its […]
When disputes arise, the parties involved may choose to resolve them through negotiation, mediation, litigation, or arbitration. Arbitration is a common alternative to litigation in commercial disputes as it is often faster, more efficient, and more confidential than court proceedings. In Vietnam, arbitration agreements in the resolution of commercial disputes are governed by the Law […]
Arbitration is an increasingly favored method for resolving commercial disputes in Vietnam, offering a quicker, cost-effective alternative to court proceedings. This article provides an overview of Vietnam’s arbitration laws to help you understand this dispute resolution option. The main legal framework governing arbitration in Vietnam is the Law on Commercial Arbitration No. 54/2010/QH12, which came […]