When is a commercial arbitral award canceled? What is the time limit for filing a written request for cancellation of commercial arbitral awards in Vietnam?
In what cases is a commercial arbitral award canceled?
Pursuant to Article 68 of the 2010 Law on Commercial Arbitration in Vietnam stipulating the grounds for cancellation of arbitral awards as follows:
Grounds for cancellation of arbitral awards
1. The court shall consider the cancellation of an arbitral award at the request of one of the parties.
2. An arbitral award shall be cancelled in any of the following cases:
a/ There is no arbitration agreement or the arbitration agreement is invalid;
b/ The arbitration council's composition or procedures of arbitral proceedings is/are incompliant with the parties' agreement or this Law:
c/ The dispute falls beyond the arbitration council's jurisdiction: when an arbitral award contains the details falling beyond the arbitration council's jurisdiction, such details shall be cancelled:
d/ The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award;
e/ The award contravenes the fundamental principles of Vietnamese law.
3. When the court considers request for cancellation of an arbitral award, the burden of proof shall be determined as follows:
a/ The requester for cancellation of an arbitral award in any of the cases specified at Points a, b. c and d Clause 2 of this Article has the burden lo prove that the arbitration council has issued the award falling into any of these cases;
b/ For a request to cancel an arbitral award on the ground specified at Point e. Clause 2 of this Article, the court shall itself collect and verify evidence in order to decide to cancel or not to cancel the arbitral award.
According to the above provisions, an arbitral award shall be cancelled in any of the following cases:
- There is no arbitration agreement or the arbitration agreement is invalid;
- The arbitration council's composition or procedures of arbitral proceedings is/are incompliant with the parties' agreement or this Law:
- The dispute falls beyond the arbitration council's jurisdiction: when an arbitral award contains the details falling beyond the arbitration council's jurisdiction, such details shall be cancelled:
- The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award;
- The award contravenes the fundamental principles of Vietnamese law.
When is a commercial arbitration award canceled? What is the time limit for filing a written request for cancellation of commercial arbitration awards in Vietnam?
What is the time limit for filing a written request for cancellation of commercial arbitral awards in Vietnam?
Pursuant to the provisions of Article 69 of the 2010 Law on Commercial Arbitration in Vietnam stipulating the right to request the cancellation of an arbitral award as follows:
Right to request cancellation of arbitral awards
1. Within 30 days after receiving an arbitral award, if a party has sufficient grounds for evidencing that the arbitration council has issued the award falling into any of the cases specified in Clause 2, Article 68 of this Law, it may file a request with the competent court for cancellation of such award. Such request must be enclosed with documents and evidence proving that such request is grounded and lawful.
2. When a request is lodged beyond the set time limit due to force majeure circumstances, the period in which such circumstances exist will not be included in the time limit for requesting cancellation of an arbitral award.
Pursuant to the above provisions, a written request with the competent court for cancellation of arbitral awards may be filed within 30 days after receiving an arbitral award, if a party has sufficient grounds for evidencing that the arbitration council has issued the award falling into any of the cases specified in Clause 2, Article 68 of the 2010 Law on Commercial Arbitration in Vietnam.
What are the contents of written requests for cancellation of commercial arbitral awards in Vietnam?
Pursuant to the provisions of Article 70 of the 2010 Law on Commercial Arbitration in Vietnam on written requests for cancellation of commercial arbitral awards in Vietnam as follows:
Written requests for cancellation of arbitral awards
1. A written request for cancellation of an arbitral award must contain:
a/ Dale of making;
b/ Name and address of the requester:
c/ Request and grounds for cancellation of the award.
2. A written request must be enclosed with the following papers:
a/ Original or certified copy of the arbitral award;
b/ Original or certified copy of the arbitration agreement.
Enclosed papers in a foreign language shall be translated into Vietnamese and such translations shall be legally certified.
According to the above provisions, a written request for cancellation of commercial arbitral awards in Vietnam must contain the above contents, specifically as follows:
- Dale of making;
- Name and address of the requester:
- Request and grounds for cancellation of the award.
At the same time, when submitting the written request, it is also necessary to enclose the required documents.
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