Criteria of arbitrators in Vietnam: Having at least 5 years’ work experience

09:40, 02/09/2016

Arbitrator means a person selected by the parties or designated by an arbitration center or a court to settle a dispute under the Law on Commercial Arbitration 2010 of Vietnam. So, how are criteria of arbitrators regulated?

According to Article 20 of the Law on Commercial Arbitration 2010 of Vietnam, a person who satisfies all the following criteria may act as arbitrator:

- Having the full civil act capacity under the Civil Code of Vietnam;

- Possessing a university degree and having at least 5 years’ work experience in the trained discipline;

- In special cases, an expert who has high professional qualifications and much practical experience, though not satisfying the requirement specified at Point b Clause 1 Article 20 of this Law, may also be selected as arbitrator.

Besides, persons who satisfy all the conditions specified above but fall into either of the following cases may not act as arbitrators:

- Incumbent judges, procurators, investigators, enforcement officers or officials of people's courts, peoples procuracies, investigative agencies or judgment enforcement agencies;

- The accused, defendants, persons serving criminal sentences or having served the sentences but having their criminal records not yet remitted.

Arbitration centers may set criteria for their arbitrators which are higher than those specified in Clause 1 Article 20 of this Law.

View more: The Law on Commercial Arbitration 2010 of Vietnam takes effect from January 01, 2011.

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