Categories: Q&A

When Arbitration Could Settle a Dispute in Vietnam?

Under the Law on Commercial Arbitration effective Jan 1st, 2011, and other guidance, in principle, arbitration could only be used in disputes among parties which arise from commercial activities, disputes among parties at least one of whom conducts commercial activities, and other disputes among parties which are stipulated by law to be settled by arbitration in Vietnam. Lawyer should be consulted for arbitration from drafting arbitration agreement to resolving the arisen dispute.

Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arise.

When the court is requested to resolve one of the disputes of the above types which a valid arbitration agreement exists, the court shall examine documents enclosed with the petition to determine and if the court finds that the dispute is under an arbitration agreement and such arbitration agreement is valid the court shall issue a decision to terminate the adjudication, return the petition and documents.

The dispute shall be handled by the court though it is under an arbitration agreement, unless otherwise agreed by the parties concerned or prescribed by law: the court issues a decision to annul the arbitral award or the decision made by the arbitral tribunal; or there is a decision to suspend the arbitral tribunal or arbitration center from resolving disputes; or the arbitration agreement is not viable.

ANT Lawyers, a law firm in Vietnam will be available to assist the clients when required to handle dispute matters out of court, at court or through arbitration in Vietnam.

How ANT Lawyers Could Help Your Business?

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

Tuan Nguyen

Recent Posts

Executive Office for Foreign Contractors in Vietnam: 7 Issues to Plan Before Engineer Mobilization

An executive office for foreign contractors in Vietnam is not just a physical office for…

17 hours ago

Arbitration Procedure in Vietnam: 7 Stages Foreign Companies Should Prepare For

Arbitration procedure in Vietnam can affect your time, your cost, your evidence position, and your…

7 days ago

Apply for A Construction Operation License in Vietnam: 9 Steps Foreign Contractors Should Plan Before Mobilization

Foreign contractors usually realize they need a construction operation license later than they should, and…

1 week ago

Arbitration Clause in Vietnam: 7 Drafting Mistakes Foreign Companies Should Avoid

To most managers’ surprise, an arbitration clause in Vietnam is one short paragraph in your…

2 weeks ago

Contractor Permit in Vietnam: 5 Points Explained

Foreign contractors working in Vietnam often see different words used for the same approval. Some…

2 weeks ago

Construction Operation License in Vietnam: 9 Things Foreign Project Managers Should Know Before the Contract Start Date

Let’s face the reality. After the contract is signed, the project owner expects you on…

3 weeks ago

This website uses cookies.