Things to know about arbitration centers in Vietnam

According to Decree No. 63/2011/NĐ-CP of Vietnam’s Government, arbitration centers are prescribed as follows:

1. Names of arbitration centers

- Names of arbitration centers shall be written in Vietnamese and selected by center members but must contain the phrase “trung tam trong tai” (arbitration center) and must neither be identical nor confusingly similar to names of licensed arbitration centers, branches or representative offices of arbitration centers, and contrary to the nation’s historical tradition, culture, morality and fine traditions and customs.

In case an arbitration center has a foreign-language name, such name must be one translated from its Vietnamese name and must neither be identical nor confusingly similar to the name of another operating arbitration institution in Vietnam.

- Arbitration centers may have logos but may not use the national flag, the Communist Party of Vietnam’s flag, the national emblem, images of national leaders and banknotes of the Socialist Republic of Vietnam as their logos.

2. Charters of arbitration centers

The charter of an arbitration center must contain the following principal details:

- Name of the arbitration center; foreign-language name of the arbitration center (if any);

- Head office;

- Fields and objectives of operation;

- Duration of operation;

- Conditions of physical foundation and financial sources, and financial regime of the arbitration center;

- Organizational structure, mechanism of administration, reorganization and dissolution of the arbitration center, and mechanism of settlement of internal disputes of the arbitration center;

- At-law representative of the arbitration center, and his/her rights and obligations;

- List of founding members; method of changing founding members of the arbitration center; conditions for admission or expulsion of arbitrators; rights and obligations of arbitrators;

- Regime of preservation of dossiers and documents;

- Mode of adoption of the charter;

- Mode of announcement of rules of proceedings of the arbitration center;

- Other contents in accordance with law.

View more details at Decree No. 63/2011/NĐ-CP of Vietnam’s Government, effective from September 20, 2011.

Thuy Tram

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