Les parties doivent choisir entre un arbitrage ad hoc auquel s'applique en. Not only will the publisher promote an online service that includes both current and historical publications of the. Elle est. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall - unless it is settled by direct negotiation - be settled by arbitration in accordance with.
The Council authorised the Commission to negotiate,. Please click on the reason for your vote: This is not a good example for the translation above. The wrong words are highlighted. It does not match my search. It should not be summed up with the orange entries The translation is wrong or of bad quality. Thank you very much for your vote! You helped to increase the quality of our service.
In this regard, several countries have [ C'est ainsi que plusieurs pays ont fait des [ The amendments are currently under [ NAFTA outlines certain general procedures regarding the arbitration but stipulates that such arbitration must be conducted in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other [ In fact, this set of optional rules is based on the Arbitration Rules [ Any dispute arising out of these Internal Regulations or related to them shall be resolved by [ Parties should choose between ad hoc arbitration [ Les parties doivent choisir entre un arbitrage ad hoc auquel s'applique en [ As regards public procurement, the Latvian [ This legislation, which is based to a large [ Ce texte, [ We consider some key, not an exhaustive list of, points that need to be addressed for a better legal framework on corporate governance in Vietnam.
The improvement of corporate governance of this corporate form would definitively add values to their investment in particular and the investment environment of Vietnam generally. From a legal perspective, it is implied that the EL does not allow the owner to directly exercise these rights. In other words, though the owner is given the ultimate power, it has no option but to authorize other persons to exercise such power. Unfortunately, the language of the EL is not that clear and causes confusion for the investors, the management and even the licensing authority.
This is even more critical because some guiding regulations of the EL, especially Decree 78 dated 14 September on enterprise registration Decree 78 still requires decision of the owner on, for example, the change of the legal representative of the relevant SMLLC.
From a pure business perspective, this status quo may somewhat affect normal operations of an SMLLC in that decisions of offshore owners, which may not be easy to obtain, are always required for a number of decisions of the SMLLC. Guiding regulations such as Decree 78 should be changed accordingly.
Article Specifically, the Civil Code only allows an individual or a legal entity to act on behalf of their counterparts with respect to implementing civil transactions, which arguably include the aforementioned rights and obligations. The above inconsistency indicates shortfalls in law making process in Vietnam which is always among the biggest concern with foreign investors.
Pursuant to the Civil Code, only legal representative or authorised representative can act in the name of a legal entity including a corporate entity. Nevertheless, Articles There should be no challenge to this right if the GD is also the legal representative of the company. However, there can be a situation that the charter is totally silent on who is the legal representative of a company or refers person other than the GD of an SMLLC to this position.
As such, the above power of the GD not only violates principles of Vietnamese law on representation but also affect the freedom to manage its venture. Articles Shadow directors SD are generally understood as those possibly shareholders whose instructions or directions are often followed by the management personnel of the company.
A de-facto director DD who actually acts as a director of the company without formally being appointed to this position. The reason why laws of many jurisdictions identify SDs and DDs is that they should be held liable for loss and damage caused to the company and third parties due to their influence. Vietnam is not an exception where many current disputes and criminal cases involve with the influence of, very often, SDs and, to a lower extent, DDs.
Unfortunately, the EL does not tackle this issue in a clear and comprehensive manner. This lack of clear and comprehensive set of rules on who will be SDs and DDs and their respective liabilities would distort the good practice of transparent corporate governance on one hand. On the other hand, this fact would prompt an unexpected and improper conducts of people whose acts would negatively affect the company.
This is critical because these people know that such acts will not be severely punished by the laws. The EL should i define who will be considered SDs and DDs and ii how they should be held liable on loss caused to the company and third parties. Please do contact the author Oliver Massmann under omassmann duanemorris. Ihre Hauptunterschiede sind in der folgenden Tabelle dargestellt:. Unterlizenzen wie Lizenzen, Zertifikate, etc.
Im Vergleich zu der Verordnung Nr. Hinsichtlich der genannten FIEOs nach b. Andere Anleger z. Bitte kontaktieren Sie den Autor Oliver Massmann direkt unter omassmann duanemorris. Despite having said that, there remain hurdles that discourage foreign investors when deciding to invest in Vietnam or other countries in the region, for example, Thailand, Indonesia and Myanmar.
These hurdles are discussed in details below. It is an area of great concern despite recent Government efforts to combat it. Government officials are still causing a lot of troubles in case of refusal to pay the facilitation fee by enterprises. Enterprises are deeply concerned about these issues, as they have to suffer from loss of business opportunities, which in turn becomes financial loss.
Unfortunately, some enterprises participating in our survey express their losing of confidence that the situation will be improved before the next 10 to 20 years. It is of utmost importance that foreign investors get to understand the country they are going to invest in and its surrounding factors. However, public available information is limited while it takes a lot of time and money to get such information, for example, shareholders information, corporate structure, financial status, etc.
In addition, the fact that information is not always available in English or other common languages causes discomfort to investors. While the websites of many Government authorities are in both Vietnamese and English, the English interface is very limited in its contents compared with its Vietnamese one. The same applies for legal documents. Compliance is a burden for not only Vietnamese but also foreign-owned enterprises.
The bigger the size of an enterprise is, the more likely and frequently that it is subject to examination and supervision procedures from many levels of several Government authorities. One enterprise could receive at least delegations per year to check its operation status, for example, tax, labour, firefighting and prevention, police, etc.
In some cases, the scope of examination repeats. Foreign invested enterprises also face a burden of having to comply with many administrative procedures, especially those in real estate, customs, fire prevention and safety, environment protection, labour and tax sectors.
Energy production is of key concern, especially renewable energy. Feed-in-Tariff rates are not attractive enough to investors. Enforcement of IP rights is not assured and remains a concern for foreign investors. Legal sanctions must be much more severe and strengthened. The reality is that the arbitration law is being ignored in Vietnam. The percentage of annulled foreign arbitral awards is high due to the matter of practice that the recognition and enforcement of foreign awards in Vietnam are almost impossible.
It must be made clear in terms of fundamental principles based on which arbitration awards could be set aside. Legal capital for investing to establish high schools and universities are heavenly high VND50 billion and VND billion respectively. This discourages many investors from countries with high educational reputation. This is not good for Vietnam especially when the young now needs better education than ever before.
House ownership and land use right of foreign invested enterprises and foreign individuals. The law is very unclear and inconsistent as to land regime applicable to residential houses sold to foreign invested enterprises. In addition, while the Law on Residential Housing already allows foreign individuals to purchase property in Vietnam, there is no clear procedure to grant the red book to such individuals. We have seen a huge demand from foreigners to buy houses in Vietnam, but their intention is damaged due to lack of procedures to acknowledge their ownership right.
Restrictions on imports of machinery and equipment based on any arbitrary time standard must be removed, administrative procedures to ensure compliance with international standards of safety, energy savings and environmental requirements must be simplified and incorporated into the National Single Window project, and any quality standards must be based on international standards. Otherwise, it would cause delays in customs processing, impact the modernization and industrialization process of supply industries and be not in accordance with the WTO Technical Barriers to Trade Agreement Article 2.
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See also: arbitre , arbitraire , arbitrer , arbitrairement. International commercial arbitration is one of the major institutionalized forms of global market regulation. Toutefois son principal champ de recherche actuel est l'histoire de l' arbitrage commercial international But his main current research project is the history of international commercial arbitration Model laws in international commercial arbitration were of particular importance to developing countries.
Il intervient en droit des affaires et notamment en arbitrage commercial international. He practices in business law and particularly in international commercial arbitration. With Reverso you can find the French translation, definition or synonym for arbitrage commercial international and thousands of other words.
As for sea transport, a major project for an instrument on goods transport partly or fully. Services, particularly financial services, investments and insurance, are not covered by the United Nations conventions. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the Conciliation Rules then obtaining of the.
In fact, this set of optional rules is based on the Arbitration Rules. The website, whose content is available in the six official. Consultable dans les six langues officielles de l'ONU,. Three of the six working groups of the UN Commission on. Trois des six groupes de travail de la Commission des Nations Unies.
It has also initiated the review and improvement of. Please click on the reason for your vote: This is not a good example for the translation above. The wrong words are highlighted. It does not match my search. It should not be summed up with the orange entries The translation is wrong or of bad quality. Thank you very much for your vote! You helped to increase the quality of our service.
At the request of any party and pursuant [ Are you aware if any neighbouring countries-not the United States or western countries-have made any special [ Savez-vous si les pays voisins-je ne parle [ However, it remains to be seen whether-and [ There was also a need to strengthen [ De plus, [ If the Parties provide for ad hoc [ Si les parties choisissent un arbitrage ad hoc [ It was inspired by the definition set out in the footnote to [
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