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To minimise the investment risks, foreign investors invested in Vietnam tend to facilitate a loan rather than immediately acquire shares in an existing company or set up a new enterprise. Over the years, there has been a steady increase in the number of convertible share mortgage agreements under which they provide the creditor an option…
The Investment Court System (ICS), developed and introduced by the European Union (EU) as a fresh approach to the Investor-State Dispute Settlement (ISDS)[1] in the new generation of free trade agreements (FTA), has been incorporated to the EU – Viet Nam Investment Protection Agreement (EUVIPA). EU claims ICS to be a new mechanism to replace…
It is undeniable that the ICSID Convention (in particular for Investor-State dispute) and New York Convention 1958 (in particular for the recognition and enforcement of foreign arbitral awards for non-ICSID procedure) have played such an important role in enhancing the effectiveness of a dispute settlement. However, is it the case that a foreign arbitral award,…