Setting Aside Arbitral Awards

An arbitral award is final on the merits — a Vietnamese court will not rehear the dispute or correct the tribunal's view of the facts. Setting an award aside is possible only on narrow procedural grounds, and the time limit to apply is short.

Wise Counsel advises parties on whether grounds to set aside genuinely exist, represents applicants before the competent court, and defends award creditors against applications brought to delay enforcement.

What we help with

• Assessing realistically whether any statutory ground to set aside is available
• Advising on the 30-day time limit and the consequences of missing it
• Grounds relating to the validity and scope of the arbitration agreement
• Grounds relating to the composition of the tribunal and the arbitral procedure
• Grounds where a party was not properly notified or was unable to present its case
• Applications on the basis that the award is contrary to fundamental principles of Vietnamese law
• Preparing and filing the application before the competent provincial court
• Defending award creditors against set-aside applications and resisting delay tactics
• Advising on the effect of a set-aside decision and on the options that remain afterwards

Most set-aside applications fail, because dissatisfaction with the outcome is not a ground. We advise candidly on the prospects before an application is filed — and equally candidly when the better course is to comply and move on.