Like some other countries, the provisions of the Commercial Arbitration Law, the Civil Procedure Code and the current implementing guidelines are in favor of arbitration by limiting and clearly defining the extent to which the Court participates in national and international commercial arbitration. To provide information on this issue, we provide the following analysis:

Legal basis

• Law on Commercial Arbitration 2010 (LTTTM)
• Resolution 01/2014/NQ-HDTP guiding the implementation of the Commercial Arbitration Law promulgated by the Council of Judges of the Supreme People’s Court (resolution 01/2014)
• Civil Procedure Code 2015 (CPC)

Vietnamese courts only participate in arbitration proceedings in the following main areas:

Jurisdiction of the arbitral tribunal (Article 44 and Article 7.2.c Law on Commercial Arbitration; Article 414.4 Civil Procedure Code, Article 5.5 Resolution 01/2014).

• Appeal against the arbitral tribunal’s decision on the validity of the arbitration agreement and arbitration jurisdiction: The court where the arbitral tribunal issued the award has jurisdiction.

The issue of appointment and complaints about the appointment of arbitrators in ad hoc arbitration (Articles 42.4 and Article 7.2 a,b of the Law on Commercial Arbitration; Article 414.1 of the Civil Procedure Code; Article 5.5 of Resolution 01/2014) .

• Appointing arbitrators of the ad hoc arbitration council: The court where the respondent (or one of the defendants) resides or works (individual) or is headquartered (organization); The court of the place of residence or domicile of the plaintiff if the respondent has domicile or domicile abroad has jurisdiction.
• Change of arbitrator: The court where the arbitral tribunal settles the dispute has jurisdiction.

Support to collect evidence and summon witnesses (Article 46, Article 47, Article 7.2.d,e Law on Commercial Arbitration, Article 414.5.6 Civil Procedure Code, Article 5.5 Resolution 01/2014) ).

• Gathering evidence: The court where the evidence is to be collected has jurisdiction.
• Summon witnesses: The court where the witness resides has jurisdiction.

Issuing interim urgent measures (Chapter VII, Article 7.2.d Law on Commercial Arbitration, Article 414.2 of the Civil Procedure Code, Article 5.5 of Resolution 01/2014)

• Application of an interim measure: The court where the interim measure is to be applied has jurisdiction.

Register the award of the case (Article 62 of the Commercial Arbitration Law, Article 414.7 of the Civil Procedure Code) and annul the arbitral award (Chapter XI of the Commercial Arbitration Law, Article 414.3 of the Civil Procedure Code); and

• Cancellation of an arbitral award or registration of an ad hoc arbitration award: The court where the arbitral tribunal made the award has jurisdiction.

Recognition and enforcement of foreign judgments in Vietnam (Chapter XXXVII Civil Procedure Code).

• The court in which the party subject to enforcement of the judgment resides or works (individual) or is headquartered (organization); or where the assets are related to the enforcement of the foreign arbitral award.

Services provided by Hong Bang Law

We will accompany clients throughout the process of settling disputes with consulting and supporting services such as:

• Advising on the rights and obligations of the parties in the contractual relationship 
• Consulting to determine the basis for dispute settlement and the legal basis for dispute settlement;
• Consulting, preparing to contact and negotiate with related parties in the settlement of contract disputes
• Organize negotiation and conciliation of contract dispute parties, represent clients in negotiation and conciliation;
• Exchange and guide customers to collect documents and evidence, provide information;
• Acting as a representative lawyer to protect the legitimate rights and interests of the client before the Arbitration Council or  the Court; 

Time and fee

Depending on the complexity of each case in practice, the required time and cost for each case vary. Therefore, to receive the most detailed and closest information to your case, please contact us.

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

Wishing you and your family good health, peace and success!

Best regards!