FLAT Legal Journal
The 1958 New York Convention is the global “passport” for arbitral awards: an award from one member state is recognised and enforced in 170+ other member states without…
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After winning a domestic arbitration, file for enforcement with the civil judgment enforcement agency where the debtor is headquartered, resides or holds assets. The dossier: an enforcement request,…
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Small-value FDI disputes (under ~USD 200,000) usually suit courts better than arbitration: court fees scale with dispute value so small cases cost little, while arbitration has “floor costs”…
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International judicial assistance is a Vietnamese court requesting a foreign competent authority’s help with a procedural act: serving documents on overseas parties, collecting evidence abroad, or vice versa.…
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Court-annexed mediation happens after case acceptance: the judge (or mediator) holds sessions for parties to settle; on success, the court issues a decision recognising the parties’ agreement (Article…
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To obtain court interim measures, file the request together with the lawsuit (or during proceedings), specifying the measure sought (account freezing, asset seizure, disposal bans, etc.) and reasons.…
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Low-value FDI disputes can use expedited arbitration where institutional rules allow and parties agree (or do not object). The value threshold varies by institution — some centres apply…
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Online mediation for cross-border FDI disputes is increasingly common: parties in multiple countries join via video platforms and sign settlements digitally. On the Singapore Convention on Mediation (2019):…
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In Vietnam, mediation is generally not a mandatory precondition for civil or commercial lawsuits — foreign investors are not forced to mediate before suing. But two key exceptions…
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A successful mediation settlement works like a contract between the parties — legally binding, but not directly enforceable. For judgment-like enforceability, take the settlement to court for recognition…
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