What Documents Required to File Petition by Arbitration in Vietnam?

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires litigation law firm with dispute lawyers in Vietnam having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes.

 

Arbitration lawyers in Vietnam

According to Article 30 of Vietnam Laws on Commercial Arbitration, petitions and enclosed documents for initiating dispute by arbitration in Vietnam will be submitted as following instructions:

When a dispute is settled at an arbitration center, the plaintiff shall file a petition at the arbitration center as agreed. When a dispute is settled by ad hoc arbitration, the plaintiff shall make a petition and send it to the defendant.

The petition contains the following details:

1.Date of its making;

2.Names and addresses of the parties; names and addresses of witnesses, if any;

3.Summary of the circumstances of the dispute:

4.Grounds and evidence for initiating the lawsuit, if any:

5.Specific requirements of the plaintiff and the value of the dispute:

6.Name and address of the person whom the plaintiff selects as arbitrator or requests to be designated as arbitrator.

Enclosed with the petition shall be the arbitration agreement and the originals or copies of relevant documents.

Arbitration lawyers in Vietnam at ANT Lawyers - Law firm in Vietnam 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.

 

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What Conditions for Arbitration Agreement to Take Effect in Vietnam?

Commercial arbitration means a mode of dispute settlement agreed by the parties and to be conducted in accordance with law. Arbitration agreement means an agreement between the parties to settle by arbitration a dispute which may arise or has arisen. Dispute is settled by arbitration if the parties have agreed to arbitration.

 

Arbitration Law Firm in Vietnam

In order for the arbitration agreement to take effect, what conditions must be met?

The Commercial Arbitration Law 2010 does not specify the conditions for an arbitration agreement to take effect. However, based on the cases when the arbitration agreement is invalid, we can draw out the basic conditions for the arbitration agreement to be effective.

Parties of the agreement: this condition is considered as the most important when it directly affects the validity of civil transactions in general and arbitration agreements in particular. Accordingly, the person establishing the arbitration agreement has civil capacity as prescribed in the Civil Code 2015.

Jurisdiction of arbitration: the arbitration agreement must belong to the fields under the jurisdiction of the arbitration. Specifically, it is an agreement that requests arbitration to resolve disputes between parties arising from commercial activities; disputes arising between the parties in which at least one party has commercial activities or other disputes between the parties as prescribed by law shall be settled by arbitration.

Arbitration agreement form: the arbitration agreement may be established in the form of an arbitration clause in a contract or in the form of a separate agreement. The arbitration agreement must be established in the form of a document prescribed in Clause 2, Article 16 of the Commercial Arbitration Law 2010, such as an agreement made through communication between the parties by telegram, fax, telex, email or other forms provided for by law; agreement is established through the exchange of written information between the parties; …

The will of the parties when signing: the parties must be completely voluntary in concluding the arbitration agreement. The parties shall not be deceived, intimidated or coerced in the process of establishing an arbitration agreement. The arbitration agreement violates the prohibition of the law.

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

Besides, there are many matters that impact the dispute which parties should consider and it is important that parties engage with dispute lawyers in Vietnam early in the dispute stages to review relevant matters and prepare a strategic approach to the dispute for most effective solution.

ANT Lawyers – An arbitration law firm in Vietnam recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn

 

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