FAQs

1. What does VIAC mean?
2. When was VIAC established officially?
3. Is VIAC a governmental organization and does it have its legal status?
4. What is the purpose of VIAC?
5. How does VIAC function in arbitral proceedings?
6. Does VIAC directly resolve the disputes?
7. Which fields of disputes are under the jurisdiction of VIAC?
8. Can a foreign lawyer participate in the arbitral proceedings?
9. What is the condition for resolving dispute by arbitration? Which requirements must be satisfied for the dispute resolution by arbitration?
10. In the event that an arbitration agreement has been entered into force and the dispute arises, can either of the Parties institute court proceedings?
11. When is an arbitration agreement null and void?
12. When is an arbitration agreement incapable of being performed?
13. What is the form of arbitration agreement ?
14. 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?
15. What is the relationship between arbitration agreement and contract?
16. How long is the limitation period for initiating arbitral proceedings stated in law?
17. When does a party lose its right to object?
18. What are the qualifications for being an Arbitrator?
19. Who cannot act as an arbitrator?
20. When shall the arbitral proceedings commence?
21. When shall the arbitral proceedings finish?
22. How shall the arbitral proceedings commence?
23. How can Parties deliver notices or documents to VIAC?
24. What kind of language can notices, documents (State of Claim, Counterclaim, State of Defense and others) be made in?
25. Are the documents attached to State of Claim, Counterclaim, State of Defense and other documents required to be notarized?
26. When will VIAC send the Claimant's Notice and Request for Arbitration to the Respondent?
27. Does VIAC have right to send the Claimant's Notice and Request for Arbitration to the Respondent right after the receipt of the Statement?
28. What does the Request for Arbitration contain?
29. What documents are accompanied with the Request of Arbitration?
30. Who has the authority to sign the Request for Arbitration?
31. What does the Statement of Defense contain?
32. How long is the time-limit for the issuance of Statement of Defense?
33. Does the Respondent have right to extend the time-limit for the issuance of Statement of Defense?
34. In case the Respondent fails to submit the Statement of Defence, will the arbitral proceedings proceed?
35. Can the Statement of Defence and the Counterclaim be merged?
36. Can the Respondent file a counterclaim against Claimant? What is the consequence of dispute resolution when filing counterclaim?
37. What does the counterclaim document consist?
38. Does Respondent/ Claimant have right to withdraw the Request for Arbitration/ the Counterclaim?
39. Does Claimant/Respondent have right to amend and/or supplement the Request for Arbitration, the Counterclaim and/or the Statement of Defence?
40. How many Arbitrators does an Arbitral Tribunal consist of? In the event that both Parties have no agreement on the number of Arbitrators, how many Arbitrators having right to resolve the dispute does the Tribunal consist of?
41. How can the constitution of a three-arbitrator Tribunal be implemented?
42. The two Arbitrators shall select the third Arbitrator who will act as the Presiding Arbitrator of the Arbitral Tribunal and shall notify the Centre. How can the constitution of an Arbitral Tribunal comprising a Sole Arbitrator be implemented?
43. How can the constitution of an Arbitral Tribunal be implemented in case the Respondent fails to select an Arbitrator?
44. In case either of the Parties has petition against the jurisdiction of the arbitrator tribunal, who has the authority to deal with the petition and can the arbitral proceedings be postponed for the duration of petition?
45. Does an arbitration tribunal have the authority to order interim relief?
46. Does an arbitration tribunal have the authority to collect evidence?
47. Does an arbitration tribunal have the authority to summon witnesses?
48. Can the Parties have agreement on the place of arbitration? How can the place of arbitration be determined without the agreement?
49. Can the Parties have agreement on the language of arbitration? How can the language of arbitration be determined without the agreement?
50. Can the Parties have agreement on the applicable law? How can the applicable law be determined without the agreement?
51. Who can attend the Hearing?
52. Can the Parties record or film at the hearing?
53. Can arbitrators proceed with a hearing Parties without the presence of the Parties or either of parties?
54. When does either of the Parties have right to postpone a hearing? What are the relevant requirements of the postponement? Which Party has to pay the expenses arising?
55. Under which circumstances the case is stayed?
56. What are the principles of making arbitral awards?
57. Can arbitral awards be appealed?
58. Which forms can an Arbitral Award be made in and what does it contain?
59. Is there any mechanism for correction and interpretation of an arbitral award or making an additional arbitral award?
60. What do the costs of arbitration include?
61. How can the costs of arbitration be paid?
62. Can costs of arbitration be paid partially?
63. Where is the costs of arbitrationtransferred?
64. Shall the request for arbitration or the counterclaim be accepted if one of the parties doesn’t pay the costs of arbitration?
65. Who shall be charged for the costs of arbitration? How can the costs of arbitration be allocated?
66. Shall the lawyer fees be counted into the value of dispute? Do the Parties have to pay the costs of arbitration for requirement of lawyer fees?
67. Shall the value of dispute include the costs of arbitration?
68. How can the refund of arbitration costs be stipulated? What is the rate of refund? When shall the costs arbitration be refundable or not be refundable?
69. 69. Are the lawyer fees under the jurisdiction of the Arbitral Tribunal?
70. Which party to pay for the expenses for the cost of summoning witnesses?
71. Which Party has to pay for expenses for inspection or valuation?
72. 72. Which Party has to pay for expenses for seeking expert advice?
73. What are the procedures in enforcing of arbitral award?

1. What does VIAC mean?

VIAC is the English abbreviation of Vietnam International Arbitration Centre, which means "Trung tâm Trọng tài Quốc tế Việt Nam " in Vietnamese.

As being specified in the Charter of VIAC, VIAC is known as "Trung tâm Trọng tài Quốc tế Việt Nam" in Vietnamese or "Trung tâm Trọng tài Quốc tế Việt Nam bên cạnh Phòng Thương mại và Công nghiệp Việt Nam"; as “Vietnam International Arbitration Centre” in English or “Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry”

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2. When was VIAC established officially?

VIAC officially established on April 28th, 1993 on the grounds of Decision No.204/TTg issued by Prime Minister of Socialist Republic of Vietnam, on the basis of merging the Foreign Trade Arbitrator Committee (founded in 1963) and the Marine Arbitration Committee (founded in 1964). 

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3. Is VIAC a governmental organization and does it have its legal status?

VIAC is a non-governmental organization. According to the Charter of VIAC, VIAC is an independent organization which operates in accordance with Vietnamese law and the Charter of VIAC. VIAC has its legal status, its own seal and account. VIAC operates for non-profit purposes. 

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4. What is the purpose of VIAC?

The purpose of VIAC is to promote the development of method of dispute settlement through arbitration or other methods of commercial dispute settlement (ADR – Alternative Dispute Resolution) prescribed by law in the manner of fairness, convenience and prompt.

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5. How does VIAC function in arbitral proceedings?

According to the Charter of VIAC, VIAC performs the function of organizing the dispute settlement through arbitration and other methods of commercial dispute settlement prescribed by law; giving administrative and office support and others during the arbitration proceedings and other methods of commercial dispute settlement.

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6. Does VIAC directly resolve the disputes?

VIAC does not itself resolve disputes. Disputes shall be resolved by an Arbitral Tribunal (as prescribed in Article 35.1 of the VIAC's Rule of Arbitration effected by January 1st, 2012).

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7. Which fields of disputes are under the jurisdiction of VIAC?

Pursuant to Article 2 of Law on Commercial Arbitration, VIAC has competence to resolve:

a) Disputes between parties arising from commercial activities;

b) Disputes arising between parties in which at least one of whom engaged in commercial activities;

c) Other disputes between parties which shall be resolved by arbitration as stipulated by law.

aw.

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8. Can a foreign lawyer participate in the arbitral proceedings?

The VIAC's Rule of Arbitration does not have provisions of whether a foreign lawyer can participate in the arbitral proceedings, therefore, he/she can participate in the proceedings like a Vietnamese one.

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9. What is the condition for resolving dispute by arbitration? Which requirements must be satisfied for the dispute resolution by arbitration?

Pursuant to Article 5.1 of Law on Commercial Arbitration, a dispute shall be resolved by arbitration if the parties have an arbitration agreement. An arbitration agreement may be made either prior to or after the dispute arises. In conclusion, an arbitration agreement is requisite condition for dispute resolution by arbitration.

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10. In the event that an arbitration agreement has been entered into force and the dispute arises, can either of the Parties institute court proceedings?

According to Article 6 of Law on Commercial Arbitration, where the parties in dispute already have an arbitration agreement but one party institutes court proceedings, the court must refuse to accept jurisdiction unless the arbitration agreement is void or incapable of being performed.                   

 

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11. When is an arbitration agreement null and void?

According to Article 18 of Law on Commercial Arbitration, the arbitration agreement is null avoid in the following cases:

a) The dispute arises in a sector outside the competence for arbitration prescribed in article 2 of this Law;

b) The person who entered into the arbitration agreement lacked authority as stipulated by law.

c) The person who entered into the arbitration agreement lacked legal capacity pursuant to the Civil Code;

d) The form of the arbitration agreement does not comply with article 16 of this law;

e) One of the parties was deceived, threatened or coerced during the process of formulation of the arbitration agreement and requests a declaration that the arbitration agreement is void;

f) The arbitration agreement breaches a prohibited clause ion prescribed by law.

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12. When is an arbitration agreement incapable of being performed?

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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13. What is the form of arbitration agreement ?

According to Article 16.2 of Law on Commercial Arbitration, an arbitration agreement must be in writing, the following forms of agreement shall also be deemed to constitute a written arbitration agreement:

a) An agreement established via an exchange between the parties by telegram, facsimile, telex, email or other form prescribed by law;

b) An agreement established via the exchange of written information between parties;

c) An agreement prepared in writing by a lawyer, notary or competent organization at the request of the parties;

d) Reference by the parties during the course of a transaction to a document such as a contract, source document, company charter or other similar documents which contain an arbitration agreement

e) Exchange of a statement of claim and defense which express the existence of an agreement proposed by one party and not denied by the other party.

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14. 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?

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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15. What is the relationship between arbitration agreement and contract?

According to Article 19 of Law on Commercial Arbitration, an arbitration agreement shall exist totally independently of the contract. Any modification, extension or rescission of the contract, or invalidity or unenforceability of the contract shall not result in the invalidity of the arbitration agreement.

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16. How long is the limitation period for initiating arbitral proceedings stated in law?

According to Article 33 in Law on Commercial Arbitration, the limitation period for initiating proceedings for dispute resolution by arbitration shall be two (2) years from the date of infringement of legal rights and interests, unless otherwise stipulated by specialized law.

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17. When does a party lose its right to object?

According to Article 13 of Law on Commercial Arbitration, if a party discovers a breach of the provision of this Law or of the arbitration agreement but continues to conduct the arbitration proceedings and does not object to such breach within the time-limit stipulated in this Law, [such party] shall lose the right to object at the arbitration or before the court.

According to Article 6 of Resolution No/01/2014/NQ-HDTP on guiding the implementation of Law on Commercial Arbitration specified that:

“Article 6. Loss of right to object as stipulated in Article 13 in Law on Commercial Arbitration

1. Where a party discovers the violations of the LCA or the arbitration agreement but continues with the arbitration procedure and does not object such violation to the Arbitral Tribunal or the Arbitration Centre within the time limit set by LCA, such party shall lose its right to object at the Arbitration or at the Court to such violations. Where no time limit is set by LCA, the time limit shall be determined in accordance with the parties’ agreement or the arbitration rules. In case the parties have no agreement or it is not specified by the arbitration rules, objection must be raised before the Arbitral Tribunal renders the arbitral award.

2. Before examining the request of one or more parties on whether there were violations of the LCA or the arbitration agreement, the Court shall examine the documents, evidence, and arbitration rules to determine whether one or more parties have lost their rights to object with regard to such requests.

Where the Court determines that the rights to object to the violations has been lost as stipulated in Article 13 of the LCA and in accordance with the guidance in Clause 1 of this Article, the party losing the right to object shall not be entitled to recourse against the decisions of the Arbitral Tribunal or to request to set aside the arbitral award with regard to such violations. The Court must not rely on the violations to which one or more parties has lost its (their) right to object in determining to accept the request of one or more parties.

3. When considering the application to set aside the arbitral award, the Court shall be responsible to examine in compliance with Point d Clause 2 and Point b Clause 3 Article 68 of the LCA. Where sufficient ground is found to accept or not accept the application, the Court has power to make decision even when one or the parties has lost their rights to object. ”.

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18. What are the qualifications for being an Arbitrator?

Pursuant to Article 20 of Law on Commercial Arbitration, a person with all the following qualifications may act as arbitrators:

a) Having full civil legal capacity as prescribed in the Civil Code;

b) Having a university qualifications and at least five years’ work experience in the discipline which he or she studied;

c)In special cases an expert with highly specialized qualifications and considerable practical experience may still be selected to act as an arbitrator notwithstanding he/she fails to satisfy the requirements prescribed in sub-clause (b) above.

Pursuant to the Charter of VIAC, person filing application for admission as arbitrator of the Centre shall satisfy the conditions as follows:

1. General conditions

a) Age from 30 to 70;

b) University-graduated and having experience to work in this field no less than 8 years, except for experts with high level of profession and experience;

c) Committing to resolve the disputes independently, objective and fair; Ready to participate in the activities of the Centre; endeavor to contribute to the development of the Centre.

2. Additional conditions

a) In addition to the conditions provided in paragraph 1 above, person filing application for admission for arbitrator shall satisfy one of the conditions as follows:

b) Having been arbitrator in the three previous disputes resolved by arbitration, or

c) Being in List of Arbitrator of a worldwide-accepted arbitration organization and has resolved at least one dispute in this organization, or

d) Introduced by the professional society in nationwide level, or university or academy, or

e) Introduced by at least one of members of the Executive Committee;

f)The satisfaction of the applying person of those conditions does not guarantee that such person shall ex officio be admitted as arbitrator by the Centre. The consideration of the admission of a person as arbitrator of the Centre falls within the authority of the Executive Committee of the Centre.

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19. Who cannot act as an arbitrator?

Pursuant to Article 20.2 of Law on Commercial Arbitration, a person with all the qualifications prescribed in clause 1 of this article but who falls into one of the following categories shall not be permitted to act as an arbitrator:

a) Any person who is currently a judge, prosecutor, investigator, enforcement officer or official of a people’s court, of a people’s Procuracy, of an investigative agency or of a judgment enforcement agency.

b) A person under a criminal charge or prosecution or who is serving a criminal sentence or who has fully served the sentence but whose criminal record has bit yet been cleared.

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20. When shall the arbitral proceedings commence?

According to Article 5 of VIAC's Rule of Arbitration, the arbitral proceedings shall commence on the date on which the Centre receives the Request for Arbitration of the Claimant in accordance with paragraph 2 of Article 6 of these Rules.

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21. When shall the arbitral proceedings finish?

 

The VIAC’s Rules of Arbitration does not prescribe the time the arbitral proceedings finish, but pursuant to Clause 10 of Article 3 of Law on Commercial Arbitration, the arbitral proceedings shall finish when the Arbitration Tribunal issues the arbitral award.

 

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22. How shall the arbitral proceedings commence?

The arbitral proceedings of VIAC shall commence when the Claimant submits the Request for Arbitration to VIAC.

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23. How can Parties deliver notices or documents to VIAC?

Notices, documents can be delivered to VIAC via following means:

-        Registered mail, express;

-        Email;

-        Fax;

-        Deliver directly to VIAC or VIAC's Authorized Branch.

Pursuant to Article 3.1 of VIAC's Rule of Arbitration, any notice or document submitted by any Party to the Centre shall be in a sufficient number of copies for the Centre to forward one copy to each member of the Arbitral Tribunal, one copy to the other Party, and to file one copy. On the grounds of the practical settlement of disputes, if the Arbitration Tribunal consists of 3 Members, each Party has to deliver 5 copies. If the Arbitration Tribunal consists of 3 members, each Party has to deliver 3 copies. On delivering notices documents to VIAC by fax or email, the Parties concurrently deliver the aforesaid quantity of those 

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24. What kind of language can notices, documents (State of Claim, Counterclaim, State of Defense and others) be made in?

 

Pursuant to Article 23 of VIAC’s Rules of Arbitration:

 

“Article 23. Language of arbitration

 

1. For disputes without a foreign element, the language of arbitration shall be Vietnamese.

 

2. For disputes with a foreign element and disputes to which at least one party is an enterprise with foreign investment capital, the language of arbitration shall be as agreed by the parties. Otherwise, the Arbitral Tribunal shall determine the language or languages to be used in the arbitral proceedings, taking account of the relevant circumstances including the language of the contract.

 

3. If a document is made in any language other than the language of arbitration, the Arbitral Tribunal or the Centre, where the Arbitral Tribunal has not yet been constituted, may request a party or the parties to provide the translation thereof.”

 

In case the parties have no agreement on arbitral language, notices and documents within arbitral proceedings are made in the language agreed on by the parties or decided by the Arbitral Tribunal.

 

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25. Are the documents attached to State of Claim, Counterclaim, State of Defense and other documents required to be notarized?

The documents attached to State of Claim, Counterclaim, State of Defence and other documents may be original ones, copies or notarized ones. In case of necessity, the Arbitration Tribunal can request the parties to supply documents under the forms decided by the Tribunal.

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26. When will VIAC send the Claimant's Notice and Request for Arbitration to the Respondent?

According to Article 7 of VIAC's Rule of Arbitration, unless the Parties have agreed otherwise on the period of time, the Centre shall, within 10 days from the date of receipt of the Request for Arbitration, the arbitration agreement, other relevant documents and the costs of arbitration as stipulated in Article 33 of these Rules, send to the Respondent a Notice, the Request for Arbitration, the arbitration agreement and other relevant documents

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27. Does VIAC have right to send the Claimant's Notice and Request for Arbitration to the Respondent right after the receipt of the Statement?

VIAC can deliver Notice and Request for Arbitration to the Respondent in case the Claimant has already issued the statement in accordance with  Article 6.2 of VIAC's Rule of Arbitration and fulfilled arbitral fees in accordance with Article 33 of VIAC's Rule of Arbitration.

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28. What does the Request for Arbitration contain?

Pursuant to Article 6.2 of VIAC's Rule of Arbitration, the Request for Arbitration shall contain the following information:

                       a)         Date, month, year on which the Request for Arbitration is made;

                       b)         Names and addresses of the Parties;

                       c)         Summary of the content of the dispute;

                       d)         Grounds for the claims;

                       e)         Monetary valuation of the dispute and other claims of the Claimant;

                        f)         The name of the person selected by the Claimant to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with paragraph 1 of Article 11 or Article 12 of these Rules;  

                       g)         Signature of the legal representative or the authorized representative where the Claimant is an organization; signature of the individual or the authorized representative where the Claimant is an individual.

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29. What documents are accompanied with the Request of Arbitration?

Pursuant to Article 6.3 of VIAC's Rule of Arbitration, the Request for Arbitration shall be accompanied with the arbitration agreement and other relevant documents.

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30. Who has the authority to sign the Request for Arbitration?

Pursuant to Article 6.2(g) of VIAC's Rule of Arbitration, the Request for Arbitration must contain the signature of the legal representative or the authorized representative where the Claimant is an organization; signature of the individual or the authorized representative where the Claimant is an individual.

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31. What does the Statement of Defense contain?

Pursuant to Article 8.1 of VIAC's Rule of Arbitration, the Statement of Defence shall contain the following information:

                       a)         Date, month, year on which the Statement of Defence is made;

                       b)         Name and address of the Respondent;

                       c)         Grounds for the defence;

                       d)         Name of the person selected by the Respondent to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with paragraph 2 of Article 11 or Article 12 of these Rules.

                       e)         Signature of the legal representative or the authorized representative where the Respondent is an organization; signature of the individual or the authorized representative where the Respondent is an individual.

Where the Respondent alleges that there is no arbitration agreement or that the arbitration agreement is invalid or incapable of being performed, the Respondent shall state such allegations in the Statement of Defence. In such a case, the Respondent shall still select an Arbitrator or request the Centre to appoint an Arbitrator in accordance with paragraph 2 of Article 11 or Article 12 of these Rules.

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32. How long is the time-limit for the issuance of Statement of Defense?

Pursuant to Article 8.1 of  VIAC's Rule of Arbitration, unless otherwise agreed by the Parties, the Respondent shall, within 30 days from the date of receipt of the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, submit to the Centre a Statement of Defence.

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33. Does the Respondent have right to extend the time-limit for the issuance of Statement of Defense?

Pursuant to Article 8.1 of VIAC's Rule of Arbitration, at the request of the Respondent, the Centre may extend the period of time for submission of the Statement of Defence. The request for extension shall be in writing and submitted to the Centre within the aforesaid period of 30 days. In such a case, the Respondent shall select an Arbitrator or request the Centre to appoint an Arbitrator in accordance with paragraph 2 of Article 11 or Article 12 of these Rules.

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34. In case the Respondent fails to submit the Statement of Defence, will the arbitral proceedings proceed?

Pursuant to Article 8.3 of VIAC's Rule of Arbitration, if the Respondent fails to submit the Statement of Defence, the arbitral proceedings shall still proceed.

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35. Can the Statement of Defence and the Counterclaim be merged?

By virtue of the independence and differences between the Statement of Defense and the Counterclaim, they cannot be merged. 

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36. Can the Respondent file a counterclaim against Claimant? What is the consequence of dispute resolution when filing counterclaim?

Pursuant to Article 9.1 of VIAC's Rule of Arbitration, the Respondent shall have the right to file a counterclaim against the Claimant.  The counterclaim must be based on the arbitration agreement on which the Claimant has relied to make the Request for Arbitration against the Respondent. The Counterclaim shall be submitted to the Centre at the same time as and with the submission of the Statement of Defence.

Pursuant to Article 9.3 of VIAC's Rule of Arbitration, the Counterclaim and the relevant documents shall be submitted in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules.

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37. What does the counterclaim document consist?

Pursuant to Article 9.2 of VIAC's Rule of Arbitration, the Counterclaim shall contain the following information:

a)                  Date, month, year on which the Counterclaim is made;

b)                  Names and addresses of the Parties;

c)       Summary of the content of the Counterclaim;

d)      Grounds for the counterclaims;

dd) Monetary value of the Counterclaim and other claims of the Respondent;

e)      Signature of the legal representative or the authorized representative where the Respondent is an organization; signature of the individual or the authorized representative where the Respondent is an individual.

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38. Does Respondent/ Claimant have right to withdraw the Request for Arbitration/ the Counterclaim?

The Parties have the right to withdraw the Request for Arbitration/ the Counterclaim before the Arbitral Tribunal makes the Arbitral Award. 

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39. Does Claimant/Respondent have right to amend and/or supplement the Request for Arbitration, the Counterclaim and/or the Statement of Defence?

Pursuant to Article 13.1 of VIAC's Rule of Arbitration, the Parties may amend and/or supplement the Request for Arbitration, the Counterclaim and/or the Statement of Defence before the final hearing finishes. The amendment and/or the supplement shall be in writing in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules. The Arbitral Tribunal shall have the power to disallow the amendment and/or the supplement if the Arbitral Tribunal considers it an abuse aimed at causing difficulties or delaying the making of the Arbitral Award or if it exceeds the scope of the arbitration agreement applicable to the dispute.

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40. How many Arbitrators does an Arbitral Tribunal consist of? In the event that both Parties have no agreement on the number of Arbitrators, how many Arbitrators having right to resolve the dispute does the Tribunal consist of?

Pursuant to Article 10 of VIAC's Rule of Arbitration, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator. Unless the Parties have agreed that the dispute shall be resolved by a Sole Arbitrator, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators.

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41. How can the constitution of a three-arbitrator Tribunal be implemented?

The constitution of an Arbitral Tribunal comprising Arbitrators set forth in Article 11 of VIAC's Rule of Arbitration is prescribed as follows:

-        The Claimant shall select an Arbitrator or request the Centre to appoint an Arbitrator.

-        The Respondent shall select an Arbitrator or request the Centre to appoint an Arbitrator.

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42. The two Arbitrators shall select the third Arbitrator who will act as the Presiding Arbitrator of the Arbitral Tribunal and shall notify the Centre. How can the constitution of an Arbitral Tribunal comprising a Sole Arbitrator be implemented?

Pursuant to Article 12 of VIAC's Rule of Arbitration, unless otherwise agreed by the Parties, within 30 days from the date on which the Respondent receives the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, the Parties shall agree on the selection of a Sole Arbitrator or request the Centre to appoint a Sole Arbitrator and shall notify the Centre. Where the name of the person selected as the Sole Arbitrator is not included in the List of Arbitrators, the Parties shall inform the Centre of the address of such an Arbitrator. If the Centre does not receive the notification, the Centre’s President shall, within 07 days after the expiry date of the aforesaid period of time, make a decision to appoint the Sole Arbitrator.

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43. How can the constitution of an Arbitral Tribunal be implemented in case the Respondent fails to select an Arbitrator?

Pursuant to Article 10 and Article 11 of VIAC’s Rule of Arbitration, if Parties fails to agree on the selection of the Respondent fails to select an Arbitrator or to request the Centre to appoint an Arbitrator within the aforesaid period of 30 days, the Centre’s President shall, within 07 days after the expiry date of the period of time, make a decision to appoint an Arbitrator.  

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44. In case either of the Parties has petition against the jurisdiction of the arbitrator tribunal, who has the authority to deal with the petition and can the arbitral proceedings be postponed for the duration of petition?

Pursuant to Article 26 of VIAC's Rule of Arbitration:

 “Article 26. Jurisdiction of the Arbitral Tribunal

  1. 1.       The Arbitral Tribunal shall have the power to rule on its own jurisdiction, including any objection with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract.A decision by the Arbitral Tribunal that the contract is null and void shall not entail automatically the invalidity of the arbitration clause.
  2. 2.       Before considering the merits of the dispute, the Arbitral Tribunal shall consider the existence of the arbitration agreement; the validity of the arbitration agreement; whether or not the arbitration agreement is capable of being performed; and its jurisdiction regardless of whether or not there is any objection raised by any Party.

Where the Arbitral Tribunal finds that the arbitration agreement exists, is valid and capable of being performed, the Arbitral Tribunal shall proceed with the dispute resolution.

Where the Arbitral Tribunal finds that an arbitration agreement does not exist, is invalid or incapable of being performed, the Arbitral Tribunal shall make a decision to stay the dispute resolution.

  1. 3.       If any Party finds that the Arbitral Tribunal is exceeding the scope of its jurisdiction, it shall raise an objection to the Arbitral Tribunal.The Arbitral Tribunal shall consider and decide such an objection.”

Pursuant to Article 5 of Law on Commercial Arbitration, the arbitration tribunal shall continue to conduct the dispute resolution while the court is dealing with the petition.

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45. Does an arbitration tribunal have the authority to order interim relief?

Pursuant to Article 49 of Law on commercial Arbitration, the arbitral tribunal may, at the request of one of the Parties, order one or more forms of interim relief applicable to the Parties in dispute. The interim relief shall comprises:

                       a)         Prohibition of any change in the status quo of the assets in dispute;

                       b)         Prohibition of acts. or ordering some specific action to be taken, aim at preventing conduct adverse to the arbitration process of the arbitration proceedings;

                       c)         Attachment of the assets in dispute;

                       d)         Requirement of preservation, storage, sale or disposal of any of the assets of one or all Parties in dispute;

                       e)         Requirement of interim payment of money as between the Parties;

                        f)         Prohibition of transfer of asset rights of the assets in dispute.

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46. Does an arbitration tribunal have the authority to collect evidence?

According to Article 46 of Law on commercial arbitration, the Parties shall have the right and responsibility to provide evidence to the arbitration tribunal to prove the facts relevant to the issues in dispute. The arbitration tribunal shall have the right, at the request of one or all Parties, to request witnesses to provide information and data relevant to the dispute resolution,to seek an assessment or valuation of the assets in dispute in order to provide grounds for resolving the dispute, to seek expert advice. The arbitration tribunal may require the court to support in this job.. 

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47. Does an arbitration tribunal have the authority to summon witnesses?

According to Article 47 of Law on commercial arbitration, at the request of one Party or all Parties and when necessary, the arbitration council may request witnesses to appear at meetings to settle the dispute.  If a witness, though having been properly summoned by the arbitration council, fails to attend the meeting without a plausible reason and his/her absence obstructs the dispute settlement, the arbitration council shall request in writing the competent court to decide to summon the witness to attend the arbitration council's meeting.

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48. Can the Parties have agreement on the place of arbitration? How can the place of arbitration be determined without the agreement?

According to Article 20 of VIAC's Rule of Arbitration, the place of arbitration shall be as agreed by the Parties. Otherwise, the Arbitral Tribunal shall determine the place of arbitration it considers appropriate.Unless otherwise agreed by the Parties, the Arbitral Tribunal may conduct hearings at any location it considers appropriate. The Arbitral Tribunal may hold meetings by any means and at any location it considers appropriate.

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49. Can the Parties have agreement on the language of arbitration? How can the language of arbitration be determined without the agreement?

According to Article 21 of VIAC's Rule of Arbitration:

  1. For disputes without a foreign element, the language of arbitration shall be Vietnamese.
  2. For disputes with a foreign element and disputes to which at least one Party is an enterprise with foreign invested capital, the language of arbitration shall be as agreed by the Parties. Otherwise, the Arbitral Tribunal shall determine the language or languages to be used in the arbitral proceedings, taking account of the relevant circumstances including the language of the contract.
  3. If a document is made in any language other than the language of arbitration, the Arbitral Tribunal or the Centre, where the Arbitral Tribunal has not yet been constituted, may request a Party or the Parties to provide the translation thereof.

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50. Can the Parties have agreement on the applicable law? How can the applicable law be determined without the agreement?

According to Article 21 of VIAC's Rule of Arbitration:

  1. For disputes without a foreign element, the Arbitral Tribunal shall apply the law of Vietnam.
  2. For disputes with a foreign element, the Arbitral Tribunal shall apply the law agreed by the Parties; if the Parties do not have any agreement on the applicable law, the Arbitral Tribunal shall determine the law it considers the most appropriate.
  3. If the law of Vietnam, the law agreed by the Parties or the law determined by the Arbitral Tribunal does not contain specific provisions relevant to the merits of the dispute, the Arbitral Tribunal may apply appropriate trade usages to resolve the dispute.

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51. Who can attend the Hearing?

According to Article 23.3 of VIAC's Rule of Arbitration, hearings shall be conducted in camera unless the Parties have agreed otherwise. The Parties shall have the right to invite witnesses and persons who protect their legal rights and interests to attend hearings and shall notify the Arbitral Tribunal prior to the date of hearings. The Arbitral Tribunal, on its own initiative or at the request of a Party, shall have the power to invite the organization or individual conducting the inspection or the valuation of assets and the experts as stipulated in Article 17 to attend hearings. The Arbitral Tribunal may permit other persons to attend hearings if the Parties so consent.

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52. Can the Parties record or film at the hearing?

According to Article 55.1 of Law on commercial arbitration, dispute resolution sessions shall be conducted in private, unless otherwise agreed by the Parties. Hence, recording and filming are not accepted without the Parties’ consent.

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53. Can arbitrators proceed with a hearing Parties without the presence of the Parties or either of parties?

According to Article 25.3 and 25.4 of VIAC's Rule of Arbitration, the Arbitral Tribunal may, at the request of the Parties, rely on the documents and evidence readily available to proceed with a hearing without the presence of the Parties. The Arbitral Tribunal may proceed with a hearing when there is a request from one Party to be absent.

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54. When does either of the Parties have right to postpone a hearing? What are the relevant requirements of the postponement? Which Party has to pay the expenses arising?

According to Article 24.1 of VIAC's Rule of Arbitration, A Party or the Parties may, if there is a legitimate reason, request the Arbitral Tribunal to postpone a hearing. A request for the postponement of the hearing shall be in writing, specifying the reason with evidence attached, and shall be submitted to the Centre. If the Centre does not receive the request for postponement at least 07 working days prior to the date of the hearing, the requesting Party shall pay all expenses arising, if any. The Arbitral Tribunal shall accept or reject the request for postponement and notify the Parties accordingly. Where necessary, the Arbitral Tribunal may postpone a hearing and notify the Parties.

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55. Under which circumstances the case is stayed?

According to Article 28.1 of VIAC's Rule of Arbitration, the resolution of the dispute shall be stayed in the following circumstances:

                       a)         The Claimant or Respondent being an individual dies without anyone inheriting his or her rights and obligations; the Claimant or Respondent being an organization has terminated its operation, become bankrupt, or been dissolved, consolidated, merged, demerged, separated, or has converted its organizational form without any organization taking over its rights and obligations;

                       b)         The Claimant withdraws the Request for Arbitration, except where the Respondent files a Counterclaim;

                       c)         The Claimant is deemed to have withdrawn the Request for Arbitration pursuant to paragraph 1 of Article 25 of these Rules, except where the Respondent requests to proceed with the dispute resolution;

                       d)         The Parties reach an agreement on the termination of the dispute resolution;

                       e)         There is a Decision of the Arbitral Tribunal pursuant to paragraph 2 of Article 26 of these Rules;

                        f)         There is a Decision of a court pursuant to the law.

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56. What are the principles of making arbitral awards?

According to Article 29 of VIAC's Rule of Arbitration, where the Arbitral Tribunal comprises three Arbitrators, an Arbitral Award is made by a majority decision. If there is no majority, the Arbitral Award shall be decided by the Presiding Arbitrator alone.

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57. Can arbitral awards be appealed?

According to Article 4.5 of Law on commercial arbitration, an arbitral award shall be final.

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58. Which forms can an Arbitral Award be made in and what does it contain?

According to Article 30.1 of VIAC's Rule of Arbitration, an Arbitral Award shall be in writing and contain the following main information:

                       a)         Date, month, year and place of making the Arbitral Award;

                       b)         Names and addresses of the Claimant and the Respondent;

                       c)         Names of the Arbitrators or the name of the Sole Arbitrator;

                       d)         Summary of the Request for Arbitration and matters in dispute; summary of the Counterclaim and matters in dispute (if any);

                       e)         Reasons for making the Arbitral Award unless the Parties have agreed that no reasons are to be given;

                        f)         Determination of the dispute resolution;

                       g)         Period of time for implementing the Arbitral Award;

                       h)         Allocation of the costs of arbitration and other relevant expenses;

                        i)         Signatures of the Arbitrators or the signature of the Sole Arbitrator.

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59. Is there any mechanism for correction and interpretation of an arbitral award or making an additional arbitral award?

According to Article 31 of VIAC's Rule of Arbitration:

Article 31. Correction and interpretation of the Arbitral Award; making an additional Arbitral Award

  1. Unless the Parties have agreed otherwise on the period of time, within 30 days from the date of receipt of the Arbitral Award, a Party may request the Arbitral Tribunal to correct any spelling, printing, or typographical error, or any error of a similar nature; any numerical errors caused by a mistake or incorrect computation in the Arbitral Award, and shall immediately notify the request to other Party. If the Arbitral Tribunal considers the request legitimate and there is proof that the request has been notified to the other Party, it shall make a Decision on correction within 30 days from the date of receipt of the request.
  2. The Arbitral Tribunal may, on its own initiative, within 30 days from the date on which the Arbitral Award is made, correct any of the above-mentioned errors and make a Decision on correction.
  3. Unless the Parties have agreed otherwise on the period of time, within 30 days from the date of receipt of the Arbitral Award, a Party may request the Arbitral Tribunal to interpret the Arbitral Award, and shall immediately notify the request to the other Party. If the Arbitral Tribunal considers the request legitimate and there is proof that the request has been notified to the other Party, it shall make a Decision on interpretation within 30 days from the date of receipt of the request.
  4. Unless the Parties have agreed otherwise on the period of time, within 30 days from the date of receipt of the Arbitral Award, a Party may request the Arbitral Tribunal to make an additional Arbitral Award with respect to the issues presented during the arbitral proceedings but not yet recorded in the Arbitral Award, and shall immediately notify the request to the other Party. If the Arbitral Tribunal considers such request legitimate and there is proof that the request has been notified to the other Party, it shall make an additional Arbitral Award within 30 days from the date of receipt of the request.
  5. Where necessary, the Arbitral Tribunal may extend the period of time for the correction or the interpretation of the Arbitral Award or the making of an additional Arbitral Award as stipulated in paragraphs 1, 3 and 4 of this Article respectively.
  6. The Decision on correction or the Decision on interpretation or the additional Arbitral Award shall constitute part of the Arbitral Award.
  7. The correction or the interpretation of an Arbitral Award or the making of an additional Arbitral Award shall be subject to Article 29 and paragraphs 2 and 4 of Article 30 of these Rules.  

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60. What do the costs of arbitration include?

According to Article 31 of VIAC's Rule of Arbitration, costs of arbitration include:

  1. The expenses for remuneration of Arbitrators;
  2. The Centre’s administrative expenses;
  3. The expenses for travelling, accommodation and other relevant expenses of the Arbitrators as stipulated in the written Guidelines of the Centre in force at the time of preparing the estimate for the expenses;
  4. The expenses for inspection and valuation of assets, the expenses for seeking expert advice and the expenses for other assistance at the request of the Arbitral Tribunal.

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61. How can the costs of arbitration be paid?

According to Article 33.1 and 33.2 of VIAC's Rule of Arbitration, unless otherwise agreed by the Parties, upon submission of the Request for Arbitration, the Claimant shall pay the expenses in full as provided in paragraphs 1 and 2 of Article 32 of these Rules pursuant to the Schedule of Costs of Arbitration of the Centre in force at the time of submission of the Request for Arbitration. Where the Claimant fails to pay such expenses in full within the period of time fixed by the Centre, the Claimant shall be deemed to have withdrawn the Request for Arbitration, but shall not be prevented from re-submitting the Request for Arbitration.

The expenses referred to in paragraphs 3 and 4 of Article 32 of these Rules shall be made in advance after the Arbitral Tribunal is constituted. The Centre shall consult with the Arbitral Tribunal to prepare the estimate of expenses and shall request a Party or the Parties to make in advance the expenses and notify the Parties. Unless otherwise agreed by the Parties, the requested Party or Parties shall make in advance the expenses in full within 15 days from the date of receipt of the notice from the Centre. If the expenses are not made in advanced in full, the Centre may request the Arbitral Tribunal to temporarily suspend the dispute resolution. In such a case, one Party may make an advance on behalf of the other Party at the request of the Centre so that the dispute resolution continues. If the expenses are not made in advanced in full, the Arbitral Tribunal may temporarily suspend the dispute resolution.

The Centre shall calculate the expenses as provided in paragraphs 3 and 4 of Article 32 of these Rules and notify the Parties and the Arbitral Tribunal before the Arbitral Tribunal makes the Arbitral Award. If the advanced amount exceeds the actual expenses, the Centre shall refund the excess amount. If the actual expenses exceed the advanced amount, the Parties shall pay the Centre the additional amount. 

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62. Can costs of arbitration be paid partially?

VIAC does not have provisions of partial payment. According to Article 33 of VIAC's Rule of Arbitration upon submission of the Request for Arbitration, the Claimant shall pay the expenses in full as provided. 

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63. Where is the costs of arbitrationtransferred?

The costs of arbitration  should be transferred to the following account:

 Account No.: 0641100157007 (USD) or 0641100152008 (VND)

 Name of bank: Military Commercial Joint Stock Bank

 Swift code: MSCBVNVX

 The beneficiary: Vietnam International Arbitration Centre

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64. Shall the request for arbitration or the counterclaim be accepted if one of the parties doesn’t pay the costs of arbitration?

According to Article 33.1 of VIAC's Rule of Arbitration, where the Claimant fails to pay such expenses in full within the period of time fixed by the Centre, the Claimant shall be deemed to have withdrawn the Request for Arbitration, but shall not be prevented from re-submitting the Request for Arbitration

According to Article 33.2 of VIAC's Rule of Arbitration, where the Respondent fails to pay such expenses in full within the period of time fixed by the Centre, the Respondent shall be deemed to have withdrawn the Counterclaim.

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65. Who shall be charged for the costs of arbitration? How can the costs of arbitration be allocated?

As being stated in Article 34.3 of Law on commercial arbitration, the Party which loses the cases must pay the arbitration fees, unless otherwise agreed by or stipulated by the procedural rules of the arbitration centre, or unless the arbitration tribunal makes some other allocation of fees.

According to Article 34.1 of VIAC's Rule of Arbitration, the Arbitral Tribunal shall allocate the costs of arbitration unless otherwise agreed by the Parties.

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66. Shall the lawyer fees be counted into the value of dispute? Do the Parties have to pay the costs of arbitration for requirement of lawyer fees?

VIAC shall not count the payment of the requirement for lawyer into the dispute’s value. In other words, VIAC shall not charge for the costs of arbitration with the requirement of lawyer fees.

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67. Shall the value of dispute include the costs of arbitration?

When charging the costs of arbitration, VIAC shall not calculate the requirement of the costs of arbitration on the value of dispute. In other words, VIAC shall not calculate the costs of arbitration on the requirement of the costs of arbitration.

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68. How can the refund of arbitration costs be stipulated? What is the rate of refund? When shall the costs arbitration be refundable or not be refundable?

According to Section II in Schedule of arbitration costs of VIAC, the arbitration costs shall be refundable in the following circumstances:

1. Withdrawal of the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim:

  • Where the Arbitral Tribunal makes the Decision staying the dispute on the grounds of non-existence or invalidity or inability to be performed of an arbitration agreement, 30% of the arbitration costs is refundable.
  • Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn before the constitution of the Arbitral Tribunal, 70% of the arbitration costs is refundable;
  • Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the constitution of the Arbitral Tribunal, 40% of the arbitration costs is refundable;

2. Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the Centre has sent the summon to the hearing, but before the date of the hearing, 20% of the arbitration costs is refundable.

3. Where the Arbitral Tribunal makes the Decision staying the dispute resolution in accordance with a competent Court’s judgment saying that the Arbitral Tribunal having no jurisdiction over the dispute, 20% of the arbitration costs is refundable.

4. In no circumstances, the remaining arbitration costs is less than VND 10,000,000.

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69. 69. Are the lawyer fees under the jurisdiction of the Arbitral Tribunal?

According to article 34.2 of VIAC's Rule of Arbitration, the Arbitral Tribunal shall have the power to decide that one Party shall bear all or part of the legal costs or other reasonable expenses incurred by the other Party.

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70. Which party to pay for the expenses for the cost of summoning witnesses?

According to Article 18.1 of VIAC's Rule of Arbitration, the witness expenses shall be paid by the requesting Party, or allocated by the Arbitral Tribunal.

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71. Which Party has to pay for expenses for inspection or valuation?

According to Article 17.3 of VIAC's Rule of Arbitration, the expenses for inspection or valuation shall be paid by the requesting Party or allocated by the Arbitral Tribunal. In all circumstances, if the inspection or valuation expenses are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available.

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72. 72. Which Party has to pay for expenses for seeking expert advice?

According to Article 17.4 of VIAC's Rule of Arbitration, the expenses for expert advice shall be paid by the requesting Party or allocated by the Arbitral Tribunal. In all circumstances, if the expenses for expert advice are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available.

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73. What are the procedures in enforcing of arbitral award?

To determine the procedures of enforcement of arbitral award, Parties should consider whether the arbitral award shall be enforced in Vietnam or abroad.

Where enforcement in Vietnam

According to Article 66, paragraph 1, Law on Commercial Arbitration 2010, if on expiry of the time-limit for carrying out an arbitral award the award debtor has not voluntarily carried out the award, the arbitral award creditor shall have the right to request the competent civil judgment enforcement agency to enforce such award. According to Article 8 (1) of Law on Commecial Arbitration, The civil enforcement agency with competence to enforce an arbitral award shall be the civil enforcement agency in the province or city under central authority where the arbitration tribunal rendered the award.

Therefore, to carry out the procedures required to enforce the arbitration award, the party requesting enforcement of an arbitral award must file application of enforcement of arbitral awards with a civil enforcement agency in the province or city under central authority where the arbitration tribunal rendered the award.

To determine where the Arbitral Tribunal issues arbitral award, the Parties need to rely on the arbitration award, which specifies where the arbitral award was issued. Example: If the arbitration award states that the arbitral award was made in Hanoi, the application of enforcement of an arbitral award shall be filed at the Hanoi Department of Civil Enforcement Agency (Address: 142 Tran Phu , Van Mo, Ha Dong, Hanoi. Phone: +84 4 3382 5097). If the arbitration award states that the arbitral award was made in Ho Chi Minh, the application of enforcement of an arbitral award shall be filed at Ho Chi Minh City the Department of Civil Enforcement Agency (Address: 200C Vo Van Tan, Ward 5, District 3, HCMC. Tel: +84 8 39292146. Email: hochiminh@moj.gov.vn).

Where the arbitral award issued by VIAC is enforced abroadly.

The enforcement of arbitral awards in foreign countries will be carried out according to the procedures stipulated in the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards (New York Convention) and the law of the states and territories of the deptor.

Under Article IV of the New York Convention, to achieve the recognition and enforcement of an arbitral award, the requester when filing the request must provide:

a)          The duly authenticated original award or a duly certified copy thereof;

b)         The original agreement referred to in Article II or a duly certified thereof.

If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.

Since each country has different regulations on the order and procedures of recognition and enforcement of arbitral awards, Parties must check the laws of the country or territory in which the recognition and enforcement of arbitral award are requested. The country or territory where recognition and enforcement of an arbitral award is requested is usually the country or territory where the debtor has its headquarters or the property.

The parties should contact lawyers of the requested for advice and support. The Parties can also contact Vietnam’s diplomatic, commercial agent at the requested country to be supported or provided information. 

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