Vietnam: Will the Court refuse to accept cases in which there is an arbitration agreement?

Recently, my enterprise concluded a commercial contract for sale of goods in Vietnam. However, both parties agreed on dispute settlement by arbitration instead of court under a legal arbitration agreement. In such a case, may the partner request the court to settle the case?

Article 6 of the Law on Commercial Arbitration 2010 stipulates the Court's refusal to accept cases in which there is an arbitration agreement in Vietnam 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, since the arbitration agreement is legal and enforceable, the Court must refuse to accept the case where the parties previously chose dispute settlement by arbitration.

Respectfully!

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