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UNDP Vietnam is seeking for an International Consultant to support the national consultants to conduct a study on UNCITRAL Model Law’s provisions on recognition and enforcement of foreign arbitral awards with recommendations for Vietnam.
In an increasingly economically interdependent world, the importance of an improved legal framework for the facilitation of international trade and investment is widely acknowledged. The United Nations Commission on International Trade Law (UNCITRAL), established by the United Nations General Assembly in 1966 plays an important role in promoting the progressive harmonization and modernization of the law of international trade and reducing barriers for international trade development in the world.
In December 2018, Viet Nam became a member of the UNCITRAL for the term 2019-2025. By becoming a member of UNCITRAL, Vietnam has the opportunity to participate more deeply and proactively in shaping international trade law right from the stage of discussion and negotiation in accordance with the interests of the country and the international community.
In Viet Nam, the recognition and enforcement of foreign arbitral awards is based on relevant international treaties and the most important one is the 1958 New York Convention on recognition and enforcement foreign arbitral awards (hereinafter referred to as New York Convention). A number of provisions of Chapter 37 of the 2015 Civil Procedure Code on the procedures for considering requests on recognition and enforcement of foreign arbitral awards in Viet Nam have integrated the relevant provisions of the New York Convention.
The rate of refusal of recognition and enforcement of foreign arbitral awards in Viet Nam is rather high, which has a negative impact on the business investment environment. Between 2014 and 2018, only 28 requests for recognition of foreign arbitral awards were settled against the total 45 requests accepted.
One of the reasons for the above-mentioned situation is the Vietnamese legal system is not really compatible with international standards, including the UNCITRAL Model Law on international commercial arbitration (the UNCITRAL Model Law). The UNCITRAL Model Law is considered as an international standard and applied by many countries around the world to develop their legal system on this matter.
The Regional Project “Promoting a Fair Business Environment in ASEAN” is funded by the UK Prosperity Fund and implemented by UNDP in six countries in ASEAN, namely Indonesia, Malaysia, Myanmar, Philippines, Thailand and Viet Nam. This three – year Project, which started in August 2018, aims at promoting a fair business environment in ASEAN by minimizing corruption risks and encouraging sustainable practices. The Viet Nam program focuses on three inter related objectives:
- Promoting business integrity and sustainable practices for private companies and state-owned enterprises;
- Strengthening anti-corruption strategies, policies and laws; and
- Improving redress mechanisms for companies, investors and the broader public.
To achieve the third objective, UNDP is supporting the Ministry of Justice to conduct a study on the UNCITRAL Model Law’s provisions on recognition and enforcement of foreign arbitral awards to propose recommendations on the applicability of these provisions in Viet Nam with a proposal for including the law into law making agenda of the National Assembly.
UNDP seeks to hire an international consultant – a senior legal expert to support a team of two national experts to carry out the above-mentioned study.
Procurement Notice with enclosed TOR and evaluation criteria are in the attached files.
Interested offerors are invited to submit CVs, financial proposals and other information following guidance in the Procurement Notice to:
UNDP Viet Nam
304 Kim Ma, Ha Noi, Viet Nam
Tel: (+84 24) 38500100
Direct: (+84 24) 38500195
with notification by email (without attachment) to: firstname.lastname@example.org that the bidder has submitted proposal.
UNDP will not be responsible for the missing of proposal if the bidder does not send notification email to above address.
Deadline for submission: 23.59, 28 January 2020 (Hanoi time)