FAQs

In the event that the parties have an agreement to resolve their disputes by arbitration as well as another agreement to resolve their disputes by a Court, which agency has competence in dispute resolution?

11/03/2016 17:51

Article 2.4 in Resolution No/01/2014/NQ-HDTP on guiding the implementation of Law on Commercial arbitration specifies that:

“4. Where the parties have an agreement to resolve their disputes by arbitration as well as another agreement to resolve their disputes by a Court without any re-agreement or new agreement on the authority with jurisdiction over dispute, and such dispute does not fall within the scope of Clause 3 of this Article, the arising disputes shall be resolved as follows:

a) Where the petitioner submits the dispute to arbitration before requesting the Court to resolve the dispute, or submits the dispute to arbitration when the Court has not enrolled the case as provided in Point b Clause 4 of this Article, the Court, relying on the provision in Article 6 of LCA, shall refuse to enroll and resolve the case. In this case, upon receiving the lawsuit petition by the petitioner, the Court shall return the lawsuit petition; if the Court has already enrolled the case, the Court, relying on the provision in Article 192.1(i) CPC, shall decide to suspend the case and return the lawsuit petition and accompanying documents.

 b) Where the petitioner requests the Court to resolve a dispute, the Court must immediately determine whether one of the parties has submitted the dispute to Arbitration or not.

Within 05 working days from receipt of the lawsuit petition, where the Court considers that the respondent or the claimant has already submitted the dispute to arbitration, the Court shall return the lawsuit petition to the petitioner. If the respondent or the claimant has not submitted the dispute to arbitration, the Court shall consider enrolling and resolving the dispute under general procedure.

Where the Court discovers that the dispute has already been submitted to arbitration before being enrolled by the Court, the Court, relying on the provision in point i Clause 1 Article 192 of CPC, shall suspend the settlement of the case and return the Request for Arbitration and accompanying documents.

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