Arbitration in Hong Kong
It is common for foreign investors to choose arbitration in Singapore or Hong Kong for dispute settlement in agreements signed with Vietnamese counterparties. Hong Kong is not a direct party to the New York Convention 1958 on recognition of foreign arbitration award. Instead, Hong Kong is a part of China which is a party the New York Convention. We are not aware of any arbitration awarded in Hong Kong which has been enforced in Vietnam. Therefore, in light of the potential tension between China and Vietnam over the “East Sea” (Biển Đông), a foreign investor may consider giving preference to arbitration in Singapore over arbitration in Hong Kong as Singapore is a direct party to the New York Convention and has no territorial dispute with Vietnam. In addition, Vietnamese citizens can travel to Singapore without having obtained a visa.