Vietnam: Is it possible to request dispute settlement by commercial arbitration without an arbitration agreement?

According to Article 5 of the Law on Commercial Arbitration 2010 regarding conditions for dispute settlement by arbitration in Vietnam:

- A dispute shall be settled by arbitration if the parties have an arbitration agreement. An arbitration agreement may be made either before or after a dispute arises.

- When one of the parties being an individual to an arbitration agreement dies or loses his/her act capacity, such arbitration agreement remains valid for his/her heir or representative at law. unless otherwise agreed by the parties.

- When one of the parties being an institution to an arbitration agreement has to terminate its operation, goes bankrupt, or is dissolved, consolidated, merged, divided, split up or reorganized, such arbitration agreement remains valid for an institution that takes over the rights and obligations of the institution to such arbitration agreement, unless otherwise agreed by the parties.

Thus, under the above provisions, disputes in Vietnam will be settled by commercial arbitration if the parties have an arbitration agreement made either before or after a dispute arises. Therefore, if, after the dispute arises, both parties agree to settle it by arbitration, it will be conducted according to the agreement.​

Respectfully!