If the arbitration agreement is reached but the arbitrator refuses, can the case be sued to court in Vietnam?

If the arbitration agreement is reached but the arbitrator refuses, can the case be sued to court in Vietnam?

Pursuant to Article 6 of Law on Commercial Arbitration 2010 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.

Pursuant to Clause 3, Article 4 of Resolution 01/2014/NQ-HDTP stipulating that the arbitration agreement is not viable as prescribed in Article 6 of LCA as follows:

3. Bother parties have an agreement on appointment of a specific arbitrator to resolve disputes, but when the dispute arises, such arbitrator refuses the appointment or the arbitration center refuses the arbitrator appointment, and the parties concerned also fail to reach an agreement to select a substitute arbitrator.

Thus, if your case falls into the case that the arbitration agreement cannot be performed, your company can initiate a lawsuit at the Court to resolve the dispute and the Court will accept it according to the above provisions in Vietnam.

What are regulations on change of arbitrators in Vietnam?

Pursuant to Article 42 of the Law on Commercial Arbitration 2010 provides for the change of arbitrators as follows:

1, An arbitrator shall refuse to settle a dispute and the parties may request change of an arbitrator to settle the dispute in the following cases:

a/ The arbitrator is a relative or representative of one party:

b/ The arbitrator has an interest related to the dispute;

c/ There is a clear ground to conclude that the arbitrator is neither impartial nor objective;

d/ The arbitrator was a conciliator, representative or lawyer of one party before the dispute is brought to arbitration for settlement. unless such is consented in writing by the parties.

2. After being selected or designated, the arbitrator shall notify in writing the arbitration center or arbitration council and parties of the circumstances which may affect his/her objectivity or impartiality.

3. For a dispute to be settled at an arbitration center, pending the formation of an arbitration council, the arbitration center's chairman shall decide on the change of an arbitrator. If the arbitration council has been formed, such change shall be decided by other members of the arbitration council. When these members cannot make decision or if the arbitrators or the sole arbitrator refuse(s) to settle the dispute, the arbitration center's chairman shall decide on change of the arbitrator.

4. For a dispute to be settled by an ad hoc arbitration council, change of an arbitrator shall be decided by other members of the arbitration council. When these members cannot make decision or if the arbitrators or the sole arbitrator refuse(s) to settle the dispute, within 15 days after receiving a request from the arbitrator(s) and one disputing party or all disputing parties, the president of the competent court shall assign a judge to decide on change of the arbitrator.

5. The decision of the arbitration center's chairman or court in the cases specified in Clauses 3 and 4 of this Article is final.

6. When the arbitrator cannot continue participating in the settlement of a dispute due to force majeure circumstances or objective obstacles or is changed, the selection or designation of a new arbitrator comply with the order and procedures specified in this Law.

7. After consulting the parties, the newly formed arbitration council may re-consider the matters presented at the former arbitration council's previous dispute settlement meetings.

Best Regards!