FAQs

When is an arbitration agreement incapable of being performed?

11/03/2016 17:52

According to Article 4 of Resolution No.01/2014/NQ-HDTP on guiding the implementation of Law on Commercial Arbitration, an arbitration agreement is incapable of being performed in the following cases:

a) The parties have reached an agreement to resolve the dispute at a specific arbitration centre but such centre has ceased to operate without any succeeding arbitration organization, and the parties fail to agree on any other arbitration centre to resolve the dispute.

b) The parties have reached a specific agreement on the choice of Arbitrator for an ad hoc arbitration, but at the time a dispute arises, the Arbitrator is unable to conduct the arbitration of the dispute due to a force majeure event or for any other objective reason, or the arbitration centre, the Court cannot find an Arbitrator as the parties have agreed, and the parties fail to agree on any alternative arbitrator.

c) The parties have reached a specific agreement on the choice of Arbitrator for an ad hoc arbitration, but at the time a dispute arises, the Arbitrator refuses the appointment or the arbitration centre refuses the appointment of the Arbitrator and the parties fail to agree on any replacement Arbitrator.

d) The parties have reached an agreement to resolve the dispute at a specific arbitration centre but have also agreed to apply the Rules of Arbitration of another arbitration centre, and the charter of the arbitration centre chosen for dispute resolution does not allow the application of the Rules of Arbitration of another arbitration centre; and the parties fail to agree on the replacement of Rules of Arbitration.

e) Goods and/or service providers and consumers already have an arbitration clause in the standard conditions for the provision of goods and/or services which are pre-determined by the providers as stipulated for in Article 17 of the LCA but when a dispute arises, the consumers do not agree to use Arbitration to resolve the dispute.

lve the dispute.

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