Cour d'appel de Paris no RG 22-05075 - Vietnam - Dr. Maya Dangelas (Dang Thi Hoang Yen) v Socialist Republic of Vietnam - PCA Case No. 2020-05 - French - 12 September 2023
Country
Year
2023
Summary
Décision déférée à la Cour : sentence arbitrale sur la compétence rendue le 08 décembre 2021 (PCA Case No 2020-05)
The ICCP-CA ruled on a claim for annulment of an award in which the arbitral tribunal declared itself competent to settle a dispute between (i) a bi-national (Vietnamese by birth and American by naturalisation) and (ii) two companies she founded in the United State, against the Socialist Republic of Vietnam.
The Court held that, according to the ordinary meaning of the terms of the Treaty, bi-nationality as such does not exclude the jurisdiction of the arbitral tribunal. It therefore rejected the claim that the tribunal lacked jurisdiction rationae personae.
The Court also held that the other claims, based on the lack of material jurisdiction and the procedural fraud, were not justified.