Current law stipulates that an arbitral award is final, effective from the date of its issuance, and the parties are obliged to enforce it. However, the Court can cancel an arbitral award in certain cases.

According to the provisions of Article 69 of the Law on Commercial Arbitration of Vietnam, within 30 days from the date of receipt of the arbitral award, if a party has sufficient grounds to prove that the arbitral tribunal that has made the award belongs to one of the cases where the arbitral award can be cancelled, an application may be made to the competent court to request the cancellation of the arbitral award.

The Court shall base its decision on the provisions of Article 68 of the Law on Commercial Arbitration of Vietnam and the attached documents and shall not review the content of the dispute. An arbitral award is cancelled in one of the following cases:

• There is no arbitration agreement or the arbitration agreement is invalid;
• The composition of the arbitral tribunal and the arbitration proceedings are inconsistent with the agreement of the parties or contrary to the provisions of this Law;
• The dispute is not within the jurisdiction of the Arbitral Tribunal; if the arbitral award contains a content that is not within the jurisdiction of the arbitral tribunal, such content shall be annulled;
• The evidence provided by the parties on which the Arbitral Tribunal bases its decision to make an award is forged; The arbitrator receives money, property or other material benefits of a disputing party, which affects the objectivity and fairness of the arbitral award;
• The arbitral award is contrary to the basic principles of Vietnamese law.

Above are some of our company’s analyses on this issue. If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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