Q&A

What are Forms of Arbitration Agreement under Vietnam Laws?

Under Article 16 of Vietnam Law on Commercial Arbitration, forms of arbitration agreement resolving disputes are in written form.  In particular:

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:

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

2.Agreement made through exchange of written information between the parties;

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

4.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;

5.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.

In case multiple arbitration agreements are reached on the same dispute, the latest lawful agreement shall apply.

If the contents of an arbitration agreement are not clear or could be understood in more than one way, regulations of the Civil Code shall apply.

When there is a handover of rights and obligations under a transaction or contract which contains a lawful arbitration agreement, such agreement is still applicable to the transferee and the transferor, unless otherwise agreed by the parties concerned.

Multiple legal relationships to resolve the same case shall be combined if the parties agree to combine multiple legal relationships to resolve the same case, or the arbitration rules allow for combination of multiple legal relationships to resolve the same case.

Arbitration lawyers in Vietnam at ANT Lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients throughout the process. The arbitration lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

How ANT Lawyers Could Help Your Business?

Contact Us for ADR & Mediation Services provided by qualified mediators and dispute lawyers, supported by field experts via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

ANT Lawyers

Recent Posts

5 Key Highlights and How Low-Orbit Satellite Internet in Vietnam Would Revolutionize Connectivity and Economic Growth

The Pilot Policy of Low-Orbit Satellite Internet in Vietnam Now, Vietnam has moved its position,…

3 days ago

Fast-Track Investment Procedure: 5 Breakthrough Steps to Attract High-Quality Capital to Vietnam

Introduction to the Vietnam Fast-Track Investment Procedure In the highly competitive global race to attract…

1 week ago

Proposal for the Personal Income Tax Law 2025: Major Changes and Impacts

Why is a Major Reform Necessary? Vietnam is entering a phase of economic and social…

2 weeks ago

Vietnam Litigation Cost Ordinance 2024: A Powerful Step Toward Transparent and Fair Justice

The Vietnam Litigation Cost Ordinance 2024, enacted on December 11, 2024, represents a transformative milestone in…

3 weeks ago

Marriage Certificate Exemption in Vietnam: The New Regulation and Update 5 Key Steps to Register Marriage

Vietnam’s marriage registration process has recently been updated, making it easier for Vietnamese to complete…

3 weeks ago

12 Incredible Legal Impacts of the CPTPP and UK-Vietnam Trade for a Thriving Future

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP): A Legal Game-Changer in UK-Vietnam Trade…

3 weeks ago

This website uses cookies.