Decision on applying interim urgent measures of arbitral tribunal and impacts towards third parties

Abstract

Vietnam's Law on Commercial Arbitration does not provide for the jurisdiction of arbitral tribunals to apply interim urgent measures to third parties, nor the handling of decisions that affect third parties. By analysing and comparing the provisions of Vietnamese law with the provisions and practices of international arbitration, the article proposes some recommendations to improve the law in expanding the jurisdiction of arbitral tribunals in applying interim urgent measures and to supplement the mechanism of cancelling the decision to apply interim urgent measures of arbitral tribunals when the decision violates the legitimate interests of a third party.