ABSTRACT
Despite the generally liberal provisions of the Vietnam-US Trade Agreement in regards to choice of law clauses, arbitration and lis abili pendens, it is uncertain whether US judgments will be recognised and enforced in the Vietnamese Courts. The Vietnam-US Trade Agreement does not provide for the mutual recognition and enforcement of foreign judgments.120 Indeed, US courts generally recognise and enforce foreign judgments on the grounds of reciprocity and jurisdiction. However, Vietnamese law provides only limited circumstance in which foreign judgments will be enforced in Vietnam. The Ordinance on Foreign Judgments121 provides that foreign judgment on civil matters will be recognised and enforced in Vietnam where:
1 the foreign judgment is of a country which is a member state of an international agreement on foreign judgment of which Vietnam is also a member state;122 or
2 the foreign judgment is one which Vietnamese law stipulates is to be recognised and enforced in Vietnam.123
