Asia Legal would like to share the unofficial translation of the DRAFT JUDICIAL PRECEDENT NO. 15/2024 regarding the exemption from consular legalization of documents in arbitration proceedings. The Law on Commercial Arbitration 2010 does not mandate consular legalization of foreign documents submitted to Vietnamese arbitration. Decree No. 111/2011/ND-CP on consular certification and legalization also does not require foreign documents to be legalized when submitted to arbitration in Vietnam. However, in practice, some judges have required such legalization, resulting in the annulment of arbitral awards. This inconsistency has caused confusion and does not align with international trade and arbitration practices, nor with the applicable legal texts. Thus, a legal precedent is necessary to ensure uniform application of the law.
