Conditions for dispute settlement by arbitration in Vietnam

Conditions for dispute settlement by arbitration in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for dispute settlement by arbitration in Vietnam

Conditions for dispute settlement by arbitration in Vietnam according to Article 5 of the Law on commercial arbitration 2010 are as follows:

- 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.

2. Principles of dispute settlement by arbitration in Vietnam

 Principles of dispute settlement by arbitration in Vietnam according to Article 4 of the Law on commercial arbitration 2010 are as follows:

- Arbitrators must respect the parties agreement if such agreement neither breaches prohibitions nor contravenes social ethics.

- Arbitrators must be independent, objective and impartial and shall observe law.

- Disputing parties are equal in their rights and obligations. The arbitration council shall create conditions for disputing parties to exercise their rights and fulfill their obligations.

- Dispute settlement by arbitration shall be conducted in private, unless otherwise agreed by the parties.

- Arbitral awards are final.

3. Forms of arbitration agreement in Vietnam

Forms of arbitration agreement in Vietnam according to Article 16 of the Law on commercial arbitration 2010 is as follows:

- An arbitration agreement may be made in the form of an arbitral clause in a contract or in the form of a separate agreement.

- An arbitration agreement must be in writing. The following forms of agreement may also be regarded as written form:

+ Agreement made through communication between the parties by telegram, fax, telex, email or other forms provided for by law;

+ Agreement made through exchange of written information between the parties;

+ Agreement recorded in writing by a lawyer, notary public or competent institution at the request of the parties:

+ In their transactions, the parties make reference to a document such as a contract, document, company charter or other similar documents which contains an arbitration agreement;

+ Agreement made through exchange of petitions and self-defense statements which reflect the existence of an agreement proposed by a party and not denied by the other party.

4. Criteria of arbitrators in Vietnam

Criteria of arbitrators according to Article 20 of the Law on commercial arbitration 2010 are as follows:

- A person who satisfies all the following criteria may act as arbitrator:

+ Having the full civil act capacity under the Civil Code 2015;

+ 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 of Clause 1 of Article 20 of the Law on commercial arbitration 2010, may also be selected as arbitrator.

- Persons who satisfy all the conditions specified in Clause 1 of Article 20 of the Law on commercial arbitration 2010 but fall into either of the following cases may not act as arbitrators:

+ Incumbent judges, procurators, investigators, enforcement officers or civil servants of peoples 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 of Article 20 of the Law on commercial arbitration 2010.

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