If disputing parties have reached an arbitration agreement but one party initiates a lawsuit at a court, does the Court have to refuse to accept the case in Vietnam?
I want to ask, parties do business and sign a contract, in the terms of the dispute, the two parties agree that if a dispute occurs, they should choose arbitration to resolve, so if there is a serious agreement and the other party initiates a lawsuit in court, the Court must refuse to accept the case in Vietnam, right?
If disputing parties have reached an arbitration agreement but one party initiates a lawsuit at a court, does the Court have to refuse to accept the case in Vietnam?
Pursuant to Article 6 of the Law on Commercial Arbitration 2010 stipulates that Courts' refusal to accept cases in which there is an arbitration agreement as follows:
In case the disputing parties have reached an arbitration agreement but one party initiates a lawsuit at a court, the court shall refuse to accept the case, unless the arbitration agreement is invalid or unrealizable.
Thus, in principle, when the disputing parties have reached an arbitration agreement but one party initiates a lawsuit at a court, the court shall refuse to accept the case, unless the arbitration agreement is invalid or unrealizable in Vietnam.
Thus, for your case, if that arbitration agreement is valid and enforceable, the Court must refuse to accept it when the other party initiates a lawsuit at the Court in Vietnam.
Best Regards!
