[Bundle] (Vietnam Report) Recognition and Enforcement of Foreign Judgments in Asia + Asian Principles for the Recognition and Enforcement of Foreign Judgments

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Recognition and Enforcement of Foreign Judgments in Asia – Vietnam report

Reporter: Dr Bích Ngọc Du

Index

A. INTRODUCTION

B. RECOGNITION AND ENFORCEMENT UNDER TREATY

i The bilateral agreement with Cambodia

ii The bilateral agreement with China

iii The bilateral agreement with Lao

C. RECOGNITION AND ENFORCEMENT OF A FOREIGN JUDGMENT OTHER THAN UNDER TREATY

i Reciprocity

ii Types of judgments that can be recognised and enforced in Vietnam

a In personam judgments
b In rem judgments

iii Situations where a foreign judgment other than under treaty must be refused recognition and enforcement by the courts of Vietnam

a Finality of the foreign proceedings
b Due process
c Jurisdiction of foreign court
d Breach of agreement
e Res judicata
f Enforceability
g Cancellation and termination
h Public policy

iv No review of merits of the case

Asian Principles for the Recognition and Enforcement of Foreign Judgments

Project Lead and Editor: Dr Adeline Chong

Index

Foreword (pp. v–vii)

Andrew Phang JA

Introduction (pp. xi–xx)

Dr Adeline Chong

Asian Principles for the Recognition and Enforcement of Foreign Judgments (pp. xxi–liii, in multiple languages)

Principle 1. General Principle (pp. 1–17) 

Lead Author: Dr Adeline Chong

Principle 2. Jurisdiction (pp. 18–39)

Lead Author: Dr Adeline Chong

Principle 3. Finality (pp. 40–52)

Lead Author: Dr Bích Ngọc Du

Principle 4. Merits (pp. 53–56)

Lead Author: Dr Yujun Guo

Principle 5. Reciprocity (pp. 57–76)

Lead Author: Dr Yujun Guo

Principle 6. Money judgments (pp. 77–84)

Lead Author: Dr Poomintr Sooksripaisarnkit

Principle 7. Non-money judgments (pp. 85–99)

Lead Author: Dr Poomintr Sooksripaisarnkit

Principle 8. Fraud (pp. 100–111)

Lead Author: Narinder Singh 

Principle 9. Public policy (pp. 112–129)

Lead Author: Dr Yu Un Oppusunggu

Principle 10. Due Process (pp. 130–155)

Lead Author: Dr Yu Un Oppusunggu 

Principle 11. Inconsistent Judgments (pp. 156–173)

Lead Author: Dr Colin Ong QC

Principle 12. In rem judgments (pp. 174–184)

Lead Authors: Narinder Singh and Dr Adeline Chong

Principle 13. Severability (pp. 185–187)

Lead Author: Dr Poomintr Sooksripaisarnkit