Kluwer: “No-Nationality” and “Dual-Nationality” Arbitral Awards: When Place of Arbitration Does Not Determine Supervisory Jurisdiction in Vietnam

An award is rendered in an ICC arbitration with its place of arbitration in Hanoi. The losing party applies to set it aside. The Vietnamese court declines jurisdiction because it determines that, under the Law on Commercial Arbitration No. 54/2010/QH12 (the “LCA”), the arbitration is a foreign arbitration.