At the request of one or the disputing parties, the ad hoc arbitration award may be registered at the court where the arbitral tribunal has made the award before requesting the competent civil judgment enforcement agency to organize the enforcement of that arbitral award. To know how to register the award of the case arbitrator, we will provide the following analysis:

Legal basis

Article 7.2.g and Article 62 of Law on Commercial Arbitration 2010

Article 13 Resolution 01/2014

Contents of registration of arbitration award

Registration of the ad hoc arbitration award is not mandatory. The purpose of registration is to assist in the enforcement of an arbitral award in Vietnam if the parties do not voluntarily enforce that award.

“At the request of one or the disputing parties, the ad hoc arbitration award shall be registered at the court where the arbitral tribunal has made the award before requesting the competent civil judgment enforcement agency to organize the enforce that arbitral award. The registration or failure to register the arbitral award does not affect the content and legal validity of the arbitral award.”

Before requesting the judgment enforcement agency to enforce the ad hoc arbitration award, one or the parties to the ad hoc arbitration agreement may file an application for registration of the arbitral award at the court where the arbitral tribunal has made the award. (Article 62.1 and Article 7.2.g Law on Commercial Arbitration).

Contents of registration of arbitration award include:

(i) Time and place of registration;

(ii) Name of the Court making the registration;

(iii) Name and address of the party requesting for the registration;

(iv) The registered award;

(v) Signature of authorized person and seal of the Court.

The request must be filed within 01 year from the date of issuance of the arbitral award. If the request is filed after 01 year from the date of award, the competent court will reject the request (Article 62.2 of Law on Commercial Arbitration and Article 13.1 of Resolution no. 01/2014). An application for registration of an ad hoc arbitration award must be accompanied by the documents (originals or true copies) specified in Article 62.2 of the Commercial Arbitration Law:

• Arbitral award issued by the ad hoc arbitration council;
• Minutes of the ad hoc arbitration council’s dispute settlement meeting, if any;
• Original or certified copy of the arbitration agreement.

Within 05 working days after receiving the request and related documents,  the court president shall assign a judge to consider such application. Within 10 working days from the date of assignment, such a Judge must examine the truthfulness of the documents enclosed with the application and make registration. In considering this request, the Judge:

• Failing to open a meeting to consider the petition;
• Do not review the content of the arbitral award, but only verify whether the accompanying documents are true or not.
• One or both of the disputing parties may be summoned to hear their opinions on the request to register the ad hoc arbitration award.

If it is found that the attached documents are authentic and conform to the requirements of Article 62.2 of the Law on Commercial Arbitration, the Judge shall issue a decision to register the ad hoc arbitration award according to form No. 04 issued together with resolution no. 01/2021. In fact, some courts accept the registration of an arbitral award when the documentation is accompanied by a duly authenticated copy of the award and a copy of the arbitration agreement.

In the event that the arbitral award is found to be untrue, the Judge shall issue a decision to refuse to register the arbitral award, clearly stating the reason for the refusal according to form No. 05 issued together with Resolution no. 01/2014. . In this case, the Judge must immediately notify the applicant and return the accompanying documents.

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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