If there is an arbitration agreement, can I file a lawsuit in a Vietnamese court?
In the contract between the two companies, if the disputing parties have reached an arbitration agreement. Now a party wishes to resolve the dispute by submitting an application to the court of Vietnam. Does the court accept the application?
In Article 6 of the Law on Commercial Arbitration 2010, it is stipulated:
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, according to the above provisions, if the two parties have reached an arbitration agreement, the Vietnamese Court will refuse to accept the lawsuit petition.
In addition, in Clause 1, Article 43 of the Law also stipulates:
1. Before considering the circumstances of a dispute, the arbitration council shall consider the validity of the arbitration agreement and whether such agreement can be realized, and consider its jurisdiction. If the dispute falls within its jurisdiction, the arbitration council shall settle it under this Law. If the dispute falls beyond its jurisdiction or the arbitration agreement is invalid or unrealizable, the arbitration council shall decide to terminate the dispute settlement and immediately notify the parties thereof.
Best Regards!
