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OUTLINE:
GENERAL PROVISION
ARBITRATION AGREEMENT
B) CHARACTERISTICS
1. CONCEPT AND CHARACTERISTICS
B) CHARACTERISTICS
1) A type of non-governmental organization:
The one who shares government’s task in removing social
disputes, specifically in commercial disputes
1. CONCEPT AND CHARACTERISTICS
B) CHARACTERISTICS
2) An arbitral award shall be final:
The parties can not appeal to any dispute resolution entities
Arbitrator
Qualification: Article20
Having full legal capacity; university qualification and at least 5 years’ work
experience
Expert with highly specialized qualification and considerable practice experience
Cant be judge, prosecutor, investigator... Or person under criminal charge
Arbitration center
Have function of organizing and co -ordinating activities of dispute resolution
institutional arbitration
2. COMPETENCE TO RESOLVE DISPUTES
2. COMPETENCE TO RESOLVE DISPUTES
1. Commercial activities ?
= activities for the purpose of generate profit
including:
Sales and
purchases of
goods
Provides
service
Commercial promotion and other
activities for the profit purposes
Investment
2. COMPETENCE TO RESOLVE DISPUTES
3. Preparations
4. Mediation
6. Arbitral Awards
III. PROCESS OF INSTITUTING PROCEEDING
Plaintiff Claim
2. Tribunal formation
Arbitrator of plaintiff
Arbitrator of defendant OR
Appointed chairman
Article 10 Language
oWithout a foreign element: Vietnamese
oWith a foreign element: Language shall be agreed by the
parties
III. PROCESS OF INSTITUTING PROCEEDING
6. Arbitral Awards:
Article 3 Interpretation of terms
oArbitral decision a decision of the arbitration
tribunal during the dispute resolution process.
oArbitral award the decision of the arbitration
tribunal resolving the entire dispute and
terminating the arbitration proceedings.
Lodging a petition with the competent court within 30 days (Art 69.1
LCA 2010)
CASE IN WHICH ARBITRATION AWARD WILL BE SET
ASIDE
a) There was no arbitration agreement or the arbitration agreement is void;
(b) The composition of the arbitration tribunal was [or] the arbitration proceedings
were inconsistent with the agreement of the parties or contrary to the provisions of
this Law;
(c) The dispute was not within the jurisdiction of the arbitration tribunal; where an
award contains an item which falls outside the jurisdiction of the arbitration tribunal,
such item shall be set aside;
(d) The evidence supplied by the parties on which the arbitration tribunal relied to
issue the award was forged; [or] an arbitrator received money, assets or some other
material benefit from one of the parties in dispute which af fected the objectivity and
impartiality of the arbitral award;
(dd) The arbitral award is contrary to the fundamental principles of the law of
Vietnam.
Art 68. 2
RIGHT TO PETITION FOR ARBITRAL AWARD TO BE SET
ASIDE
1 . A party with suf ficient evidence proving that the arbitration tribunal issued the
arbitral award in any of the cases prescribed in article 68.2 on this Law shall have the
right, within thirty (30) days from the date of receipt of such award, to lodge a
petition with the competent court to set aside the arbitral award. A petition
requesting an arbitral award be set aside must be accompanied by materials and
evidence proving that such petition has [suf ficient] grounds and is lawful.
2. If a petition is lodged out of time due to an event of force majeure, then the
duration of such event shall not be included when calculating the time-limit for
requesting the arbitral award be set aside
Art 69
HEARING BY COURT OF PETITION REQUESTING
ARBITRAL AWARD BE SET ASIDE
Adjourning a petition for up to 60 days => correcting any errors in the arbitration
proceedings to remove the grounds for setting aside the award (Art 71.7 LCA
2010)
The decision of the court shall be final and shall be valid for enforcement. (Art
71.10 LCA 2010)
COURT FEES (ART 72)
Fees for requests to a court to appoint an arbitrator, to order interim relief, to set
aside arbitral awards, to register arbitral awards and any other fees shall be
implemented in accordance with the law on legal and court fees.