Vietnam: Cases in which arbitration agreements shall be invalid

Nguyen Trinh

09:17, 01/01/2016

Arbitration agreement means an agreement between the parties to settle by arbitration a dispute which may arise or has arisen. The Law on Commercial Arbitration 2010 of Vietnam specifies cases of invalid arbitration agreements.

Specifically, according to Article 18 of the Law on Commercial Arbitration 2010 of Vietnam, arbitration agreements shall be invalid in the following cases:

One, disputes arise in the domains falling beyond the arbitrator's jurisdiction.

Two, the arbitration agreement maker has no competence defined by law.

Three, the arbitration agreement maker has no civil act capacity under the Civil Code of Vietnam.

Four, the form of the arbitration agreement is incompliant with Article 16 of the Law on Commercial Arbitration 2010.

Five, a party is deceived, intimidated or compelled in the course of making the arbitration agreement and requests a declaration that such arbitration agreement is invalid.

Six, the arbitration agreement breaches prohibitions specified by law.

View more at the Law on Commercial Arbitration 2010 of Vietnam officially effective from January 01, 2011.

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