RULES OF ARBITRATION PROCEDURE
OF THE VIETNAM COMMERCIAL AND INVESTMENT ARBITRATION CENTER
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of application
This rule applies when:
1. The disputing parties have agreed in writing to choose arbitration to resolve the dispute and one party initiates a lawsuit at the Vietnam Trade and Investment Arbitration Center (hereinafter referred to as “VTIAC”); and
2. The disputing parties do not have an agreement to choose the arbitration rules of another arbitration center.
Article 2. Dispute resolution authority of VTIAC
1. Disputes between parties arising from commercial activities;
2. Disputes arising between parties in which at least one party has commercial activities;
3. Other disputes between parties that the law stipulates shall be resolved by arbitration.
Article 3. Disputes involving foreign elements
1. Disputes with foreign elements are disputes arising in commercial relations or other legal relations with foreign elements as prescribed in the Civil Code.
2. Disputes mentioned in Clauses 1, 2 and 3, Article 2 of these Rules with foreign elements are under the dispute resolution jurisdiction of VTIAC.
Article 4. Conditions for dispute resolution by Arbitration
1. Disputes shall be resolved by arbitration if the parties have an arbitration agreement. An arbitration agreement may be made before or after a dispute arises.
2. In case the parties have an arbitration agreement but do not specify the form of arbitration or cannot determine a specific arbitration organization, when a dispute arises, the parties must agree again on the form of arbitration or a specific arbitration organization to resolve the dispute. If no agreement is reached, the selection of the form and arbitration organization to resolve the dispute shall be made at the request of the plaintiff.
3. In case the arbitration clause is recorded in the general conditions of supply of goods and services prepared by the supplier, the consumer still has the right to choose Arbitration or Court to resolve the dispute. The supplier of goods and services has the right to initiate a lawsuit at Arbitration only if the consumer agrees.
4. In case a party to an arbitration agreement is an individual who dies or loses his/her capacity for civil acts, the arbitration agreement remains valid for that person's heir or legal representative, unless the parties have agreed otherwise.
5. In case a party to an arbitration agreement is an organization that must cease operations, go bankrupt, dissolve, consolidate, merge, divide, separate or convert its organizational form, the arbitration agreement remains valid for the organization that takes over the rights and obligations of that organization, unless the parties have agreed otherwise.
Article 5. Arbitration agreement
1. An Arbitration Agreement is an agreement between the parties to resolve by arbitration any dispute that may arise or has arisen. An arbitration agreement is completely independent of the contract. Any change, extension, cancellation of the contract, or the invalidity or unenforceability of the contract does not invalidate the arbitration agreement.
2. An arbitration agreement may be established in the form of an arbitration clause in a contract or in the form of a separate agreement.
3. An arbitration agreement must be in writing. The following forms of agreement are also considered to be in writing:
a. Agreements are established through exchanges between parties using electronic data, electronic documents, emails, telegrams, telegrams, faxes and other similar forms as prescribed by law on electronic transactions;
b. The agreement is established through written communication between the parties;
c. The agreement is recorded in writing by a lawyer, notary or competent organization at the request of the parties;
d. In the transaction, the parties refer to a document containing an arbitration agreement such as a contract, document, company charter and other similar documents;
d. Through the exchange of the complaint and the defense in which the existence of the agreement is stated by one party and not denied by the other party.
Article 6. Number of Arbitrators to resolve disputes
1. Disputes shall be resolved by an Arbitration Council consisting of one Arbitrator or more Arbitrators as agreed by the parties.
2. If the parties do not agree on the number of arbitrators to resolve the dispute, the dispute shall be resolved by an Arbitration Council consisting of three Arbitrators.
Article 7. Law applicable to dispute resolution
1. For disputes without foreign elements, the Arbitration Council shall apply Vietnamese law to resolve the dispute.
2. For disputes involving foreign elements, the Arbitration Council shall apply the law chosen by the parties; if the parties do not have an agreement on the applicable law, the Arbitration Council shall decide to apply the law that the Arbitration Council deems most appropriate.
3. In case Vietnamese law or the law chosen by the parties does not have specific provisions relating to the content of the dispute, the Arbitration Council may apply international practices to resolve the dispute if the application or consequences of such application do not contravene the basic principles of Vietnamese law.
Article 8. Place of dispute resolution
1. The parties have the right to agree on the place of dispute resolution within the territory of Vietnam or outside the territory of Vietnam; in case there is no agreement, the Arbitration Council shall decide. If the place of dispute resolution is conducted within the territory of Vietnam, the award shall be deemed to be declared in Vietnam regardless of the place where the Arbitration Council holds the meeting to issue the award.
2. Unless otherwise agreed by the parties, the Arbitral Tribunal may hold its meetings at a place deemed appropriate for the exchange of opinions between its members, the taking of testimony from witnesses, the consultation of experts or the inspection of goods, property or other documents.
Article 9. Language used in arbitration proceedings
1. For disputes without foreign elements, the language used in arbitration proceedings is Vietnamese, except in disputes where at least one party is a foreign-invested enterprise.
2. For disputes involving foreign elements, disputes in which at least one party is a foreign-invested enterprise, the language used in the arbitration proceedings shall be agreed upon by the parties. In the absence of an agreement, the language used in the arbitration proceedings shall be decided by the Arbitration Council.
3. The parties must hire their own interpreters. In case the parties cannot hire an interpreter themselves, the parties may request VTIAC to hire an interpreter and must pay the interpreter's fee. The request for VTIAC to hire an interpreter must be made within a reasonable time. In case of a request to hire an interpreter for a dispute resolution meeting, VTIAC must receive the request to hire an interpreter and the interpreter's fee at least 03 (three) working days before the date of the dispute resolution meeting.
Article 10. Disputing parties participating in arbitration proceedings
1. The disputing parties are Vietnamese or foreign individuals, agencies, or organizations participating in arbitration proceedings as plaintiffs or defendants.
2. The disputing parties may participate directly or authorize a representative to participate in the arbitration proceedings. In case the parties authorize a representative to participate in the arbitration proceedings, the authorization must be made in writing, clearly stating the content, scope, and duration of the authorization and sent to VTIAC.
Article 11. Statute of limitations for filing a lawsuit
1. Unless otherwise provided by specialized laws, the statute of limitations for filing a lawsuit under arbitration procedures is 02 years from the time the legitimate rights and interests are infringed.
2. The Arbitral Tribunal shall only apply the provisions on limitation periods upon request for application of limitation periods by a party or parties to the dispute, provided that such request is made before the end of the dispute resolution session.
Article 12. Commencement of arbitration proceedings
The arbitration proceedings shall commence upon receipt by VTIAC of the Claimant's Request for Arbitration and the advance payment of arbitration fees pursuant to Article 39 of these Rules.
Article 13. Sending of notices and documents
1. The explanations, correspondence and other documents submitted by each party must be sent to VTIAC in sufficient copies for VTIAC to send to the members of the Arbitral Tribunal to resolve the dispute, one copy to each Arbitrator, one copy to the other party and one copy to be kept at VTIAC.
2. Notices and documents sent to the parties will be sent by VTIAC to the parties' addresses or sent to the parties' representatives at the correct addresses notified by the parties.
Notices shall be sent by VTIAC by hand delivery, registered mail, email, fax, through a bailiff or any other method that records such delivery.
3. In case it is not possible to serve VTIAC's notices in the manner specified in Clause 2 of this Article, VTIAC shall publicly post the original notice at the VTIAC headquarters and the headquarters of the People's Committee of the commune where the individual resides or last resides, or where the organization is headquartered or last headquartered within 15 days from the date of posting. The minutes of the public posting procedure at the headquarters of the People's Committee of the commune shall clearly state the date, month, and year of posting and shall be confirmed by the People's Committee of the commune where the posting is made.
4. Notices and documents sent by VTIAC shall be deemed to have been received on the date on which the parties or their representatives have received them, or shall be deemed to have been received if such notices and documents have been sent or posted in accordance with Clause 2 or Clause 3 of this Article.
5. The time limit for receiving notices and documents specified in this Rule shall begin to be counted from the day following the day on which the notices and documents are deemed to have been received as prescribed in Clause 4 of this Article. If the following day is an official holiday or a day off as prescribed by the country or territory where the notices and documents were received, the time limit shall begin to be counted from the first following working day. If the last day of this time limit is an official holiday or a day off as prescribed by the country or territory where the notices and documents were received, the expiry date shall be the end of the first following working day.
Article 14. Loss of right to object
In case a party discovers a violation of the provisions of the law on arbitration, this Rule or the arbitration agreement but continues to conduct the arbitration proceedings and does not object to the violations within the time limit prescribed by relevant law or this Rule, it shall lose the right to object.
CHAPTER II
COMPLAINT – DEFENSE – COUNTERCLAIMS –
ESTABLISHMENT OF ARBITRATION COMMITTEE
Article 15. Petition
1. The petition includes the following contents:
a. Date, month, year of filing the lawsuit;
b. Names and addresses of the parties;
c. Name and address of witness, if any;
d. Summary of the dispute;
d. Basis and evidence for the lawsuit, if any;
e. The specific claims of the plaintiff and the value of the dispute;
g. The name of the person selected by the claimant as Arbitrator from the VTIAC List of Arbitrators or a request to the President of VTIAC to appoint an Arbitrator.
2. The Petition must be accompanied by the arbitration agreement and originals or copies of relevant documents.
3. The petition and accompanying documents must be made in sufficient copies as prescribed in Clause 1, Article 13 of these Rules.
Article 16. Notice of Complaint
In case the parties have no other agreement, within 07 working days from the date VTIAC receives the Plaintiff's Petition, the accompanying documents specified in Article 15 and the voucher for payment of the advance arbitration fee, VTIAC shall send to the Defendant a copy of the Plaintiff's Petition and accompanying documents, the name of the Arbitrator chosen by the Plaintiff or appointed by the President of VTIAC, the List of Arbitrators of VTIAC, the Rules of Procedure and the Schedule of Arbitration Fees of VTIAC. VTIAC shall also send to the Arbitrator of the Plaintiff a copy of the Plaintiff's Petition and accompanying documents.
Article 17. Establishment of an Arbitration Council consisting of three Arbitrators
1. Unless otherwise agreed by the parties, within 30 days from the date of receipt of the Plaintiff's Request for Arbitration and the accompanying documents sent by VTIAC, the Respondent must notify VTIAC of the name of the person selected by the Respondent as Arbitrator from the VTIAC's List of Arbitrators or request the President of VTIAC to appoint an Arbitrator. If the Respondent does not select an Arbitrator or does not request the President of VTIAC to appoint an Arbitrator, then within 07 working days from the date of expiry of the time limit specified in this Clause, the President of VTIAC shall appoint an Arbitrator for the Respondent.
2. In case of a dispute involving multiple Defendants, unless otherwise agreed by the parties, within 30 days from the date of receipt of the Plaintiff's Petition and accompanying documents sent by VTIAC, the Defendants must agree to select an Arbitrator or agree to request the President of VTIAC to appoint an Arbitrator. If the Defendants do not agree to select an Arbitrator or agree to request the President of VTIAC to appoint an Arbitrator, within 07 working days from the date of expiry of the time limit specified in this Clause, the President of VTIAC shall appoint an Arbitrator for the Defendants.
3. Chairman of the Arbitration Council
a. Within 15 days from the date the Respondent's Arbitrator receives the notice of selection or appointment as Arbitrator, the Respondent's Arbitrator must contact the Claimant's Arbitrator to elect a third arbitrator as Chairman of the Arbitral Tribunal and these two Arbitrators must notify VTIAC.
b. After the 15-day period specified in Section a, Clause 3 of this Article, if VTIAC does not receive the notice of election of the Chairman of the Arbitration Council or the notice of election of the Chairman of the Arbitration Council cannot be implemented, within the next 07 working days, the Chairman of VTIAC shall appoint the Chairman of the Arbitration Council.
c. VTIAC shall immediately send the Petition and accompanying documents, Statement of Defence (if any) to the President of the Arbitration Council.
2. VTIAC shall promptly notify the parties of the establishment of the Arbitral Tribunal.
Article 18. Establishment of an Arbitration Council not consisting of three Arbitrators
1. Establishment of an Arbitration Council consisting of a sole Arbitrator
In case the parties agree to resolve the dispute by a Sole Arbitrator but fail to agree on the selection of an Arbitrator within 30 days from the date the defendant receives the petition as prescribed in Article 15 of these Rules, then within 15 days from the date of expiry of this period, the President of VTIAC shall appoint a Sole Arbitrator. VTIAC shall immediately notify the parties and the Sole Arbitrator.
2. Establishment of Arbitration Council in other cases
In case the parties agree on the number of arbitrators different from the provisions in Article 17 and Clause 1 of this Article, the parties must agree on the method of establishing the Arbitration Council. If there is no such agreement, VTIAC shall determine the method of establishing the Arbitration Council.
Article 19. Self-defense statement and submission of Self-defense statement
1. Unless otherwise agreed by the parties, within 30 days from the date of receipt of the Plaintiff's Petition and accompanying documents sent by VTIAC, the Defendant must send to VTIAC a Self-Defense Statement containing the following main contents:
a. Date, month, year of making the Self-Defense Statement;
b. Name and address of the Defendant;
c. Basis and evidence for self-defense, if any;
d. The name of the person selected by the Respondent as Arbitrator from the VTIAC List of Arbitrators or a request to the President of VTIAC to appoint an Arbitrator.
In case the Defendant believes that the dispute is not within the jurisdiction of arbitration, there is no arbitration agreement, the arbitration agreement is invalid or the arbitration agreement cannot be performed, the Defendant must clearly state that in the Statement of Self-Defense.
2. At the request of a party or parties, the time limit for submitting the Statement of Self-Defense in Clause 1 of this Article may be extended by VTIAC based on the specific circumstances of the case, but not exceeding 60 days from the date the Defendant receives the Plaintiff's Petition and accompanying documents sent by VTIAC. The request for extension must be made in writing and sent to VTIAC within 30 days from the date the Defendant receives the Plaintiff's Petition and accompanying documents sent by VTIAC.
3. In case the Defendant fails to submit a self-defense statement within the time limit specified in Clause 1 and Clause 2 of this Article, the dispute settlement will still proceed.
4. The self-defense statement and accompanying documents must be made in sufficient copies as prescribed in Clause 1, Article 13 of these Rules.
5. Within 07 working days from the date VTIAC receives the Defendant's Statement of Defense and accompanying documents as prescribed in Clause 1, Clause 2, and Clause 3 of this Article, VTIAC shall send the Defendant's Statement of Defense and accompanying documents to the Plaintiff and members of the Arbitration Council.
Article 20. Defendant's counterclaim
1. The Defendant has the right to counterclaim the Plaintiff on issues related to the dispute. The Counterclaim and accompanying documents must be sent to VTIAC at the same time as the Statement of Defence.
2. The counterclaim shall include the following main contents:
a. Date, month, year of application;
b. Name and address of Plaintiff and Defendant;
c. Name and address of witness, if any;
d. Summarize the content of the lawsuit;
d. Basis and evidence for the lawsuit, if any;
e. The merits of the counterclaim and other specific claims of the Defendant.
2. Along with the Counterclaim, the Defendant must submit originals or copies of relevant documents and evidence.
3. The counterclaim and accompanying documents must be made in sufficient copies as prescribed in Clause 1, Article 13 of these Rules.
4. In case the parties do not have another agreement, within 07 working days from the date VTIAC receives the Counterclaim, the accompanying documents specified in this Article and the voucher for payment of the advance arbitration fee, VTIAC shall send to the Plaintiff and the members of the Arbitration Council the Counterclaim and the accompanying documents of the Defendant.
5. In the event that the parties have not agreed otherwise, within 30 days from the date of receipt of the Counterclaim and accompanying documents sent by VTIAC, the Plaintiff must send to VTIAC the Plaintiff's Statement of Defense. At the request of one party or parties, the time limit for sending the Plaintiff's Statement of Defense may be extended by VTIAC based on the specific circumstances of the case, but not exceeding 60 days from the date the Plaintiff receives the Counterclaim and accompanying documents from the Defendant sent by VTIAC. The request for extension must be made in writing and sent to VTIAC within 30 days from the date the Plaintiff receives the Counterclaim and accompanying documents from the Defendant sent by VTIAC.
6. The procedure for resolving the Counterclaim shall be conducted in the same manner as the procedure for resolving the Plaintiff's Petition and shall be resolved by the Arbitration Council that resolves the Plaintiff's Petition at the same time as the Plaintiff's Petition.
Article 21. Withdrawal of a petition, counter-petition; amendment of a petition, counter-petition or self-defense statement
1. Before the Arbitration Council issues an arbitral award, the parties have the right to withdraw the Petition or Counterclaim.
2. During the arbitration proceedings, the parties may amend or supplement the Claim, Counterclaim or Statement of Defence. The Arbitral Tribunal may reject such amendments or supplements if it considers that they may be abused to cause difficulties or delay the issuance of an arbitral award or exceed the scope of the arbitration agreement applicable to the dispute.
Article 22. Change of Arbitrator
1. The arbitrator must refuse to resolve the dispute, the parties have the right to request a change of the arbitrator to resolve the dispute in the following cases:
a. The arbitrator is a relative or representative of a party;
b. The arbitrator has a relevant interest in the dispute;
c. There is clear basis to show that the Arbitrator is not impartial and objective;
d. Was a mediator, representative, or lawyer of any party before submitting the dispute to arbitration, unless otherwise agreed in writing by the parties.
2. From the time of selection or appointment, the Arbitrator must notify in writing the VTIAC or the Arbitral Tribunal and the parties of any circumstances that may affect his or her objectivity and impartiality.
3. For disputes resolved at VTIAC, if the Arbitral Tribunal has not been constituted, the change of Arbitrator shall be decided by the President of VTIAC. If the Arbitral Tribunal has been constituted, the change of Arbitrator shall be decided by the remaining members of the Arbitral Tribunal. In case the remaining members of the Arbitral Tribunal cannot decide or if the Arbitrators or the Sole Arbitrator refuse to resolve the dispute, the President of VTIAC shall decide on the change of Arbitrator.
4. For disputes resolved by the Arbitration Council, the change of Arbitrator shall be decided by the remaining members of the Arbitration Council. In case the remaining members of the Arbitration Council cannot decide or if the Arbitrators or the Sole Arbitrator refuse to resolve the dispute, then within 15 days from the date of receipt of the request of one or more of the above Arbitrators, of one or more of the disputing parties, the Chief Justice of the competent Court shall assign a Judge to decide on the change of Arbitrator.
5. The decision of the Chairman of VTIAC or of the Court in the cases specified in Clause 3 and Clause 4 of this Article is final.
6. In case the Arbitrator, due to force majeure or objective obstacles, cannot continue to participate in dispute resolution or is replaced, the selection and appointment of a replacement Arbitrator shall be carried out in accordance with the procedures prescribed in these Rules.
7. After consulting with the parties, the newly established Arbitral Tribunal may review issues raised at previous Arbitral Tribunal hearings.
CHAPTER III
PREPARATION BEFORE DISPUTE RESOLUTION
Article 23. Authority of the Arbitration Council to verify facts
During the dispute resolution process, if deemed necessary, the Arbitration Council has the right to meet or discuss with the parties in the presence of the other party or notify the other party in appropriate forms to clarify issues related to the dispute. The Arbitration Council may, on its own or at the request of one or more parties, investigate the matter from a third party, in the presence of the parties or after notifying the parties.
Article 24. Authority of the Arbitration Council to collect evidence
1. The parties have the right and obligation to provide evidence to the Arbitration Council to prove the facts related to the disputed content.
2. At the request of one or more parties, the Arbitration Council has the right to request witnesses to provide information and documents relevant to the dispute resolution.
3. The Arbitration Council, on its own initiative or at the request of one or more parties, has the right to request an appraisal or valuation of the assets in dispute as a basis for dispute resolution. The appraisal or valuation fees shall be advanced by the party requesting the appraisal or valuation or allocated by the Arbitration Council.
4. The Arbitral Tribunal may, on its own initiative or at the request of one or more parties, seek expert advice. The expert's expenses shall be advanced by the party requesting the advice or allocated by the Arbitral Tribunal.
5. In case the Arbitration Council or one or more parties have applied necessary measures to collect evidence but still cannot collect it themselves, they may send a written request to the competent Court for assistance in accordance with the provisions of relevant laws.
Article 25. Authority of the Arbitration Council to summon witnesses
1. At the request of one or more parties and when deemed necessary, the Arbitration Council has the right to request witnesses to be present at the dispute resolution session. The costs for witnesses shall be borne by the party requesting the summoning of witnesses.
2. In case a witness has been duly summoned by the Arbitration Council but fails to attend the meeting without a valid reason and their absence hinders the settlement of the dispute, the Arbitration Council shall determine the time to reopen the meeting, notify the parties and send a written request to the competent Court to issue a decision to summon the witness to the Arbitration Council's meeting at the re-determined time.
Article 26. Temporary emergency measures
1. During the process of dispute resolution, if the parties find that their legitimate rights and interests are infringed upon or are at direct risk of being infringed upon, the parties have the right to submit a request to the Arbitration Council or a competent Court to apply temporary emergency measures in accordance with the provisions of relevant laws. If a party has requested the Court to apply one or more temporary emergency measures specified in Clause 2 of this Article and then requests the Arbitration Council to apply temporary emergency measures, the Arbitration Council must refuse.
2. At the request of a party, the Arbitral Tribunal may apply one or more of the following interim emergency measures to the disputing parties:
a. Prohibition of changing the status of disputed property;
b. Prohibit or compel any disputing party to perform one or more certain acts to prevent acts that adversely affect the arbitration proceedings;
c. Seize disputed assets;
d. Require the preservation, storage, sale or disposal of any property of one or more disputing parties;
d. Interim request for payment between the parties;
e. Prohibition of transfer of property rights to disputed property.
3. The application for application of temporary emergency measures must clearly state the temporary emergency measures to be applied and the specific requirements, state the reasons and provide evidence to prove the necessity of applying such temporary emergency measures.
4. According to the decision of the Arbitral Tribunal, the party requesting the application of interim emergency measures must perform the financial security obligation corresponding to the value of the damage that may arise due to the incorrect application of interim emergency measures. The financial security may be implemented by depositing a sum of money, precious metals, precious stones or valuable papers into a blocked account at a bank decided by the Arbitral Tribunal.
5. Within 03 working days from the date of receipt of the application, immediately after the requesting party has implemented the security measures specified in Clause 4 of this Article, the Arbitration Council shall consider and decide to apply temporary emergency measures. In case the request is not accepted, the Arbitration Council shall notify the requesting party in writing and state the reasons.
6. The enforcement of the decision to apply temporary emergency measures of the Arbitration Council shall be carried out in accordance with the provisions of the law on the enforcement of civil judgments. The party requesting the application of temporary emergency measures shall be responsible for its request. In case the party requesting the application of temporary emergency measures is incorrect and causes damage to the other party or a third party, it shall be liable for compensation.
7. Upon request of a party, the Arbitral Tribunal has the right to consider and decide to change, supplement or cancel the temporary emergency measures at any time during the dispute resolution process. The Arbitral Tribunal cancels the temporary emergency measures that have been applied in the following cases:
a) The party requesting the application of temporary emergency measures requests cancellation;
b) The party required to enforce the decision to apply temporary emergency measures has submitted assets or another person has taken measures to secure the performance of obligations towards the requesting party;
c) The obligations of the obligated party shall terminate in accordance with the provisions of law.
Article 27. Negotiation and conciliation
1. After the arbitration proceedings have commenced, if the parties negotiate and agree to terminate the dispute resolution, the parties have the right to request the Arbitration Council to issue a decision to suspend the dispute resolution in accordance with the provisions of Point d, Clause 1 and Clause 2, Article 29 of these Rules.
2. The parties may reconcile themselves or request the Arbitration Council to conduct reconciliation. In case the parties reach an agreement on the settlement of the dispute, the Arbitration Council shall draw up a Minutes of Conciliation signed by the parties and confirmed by the Arbitrators. The Arbitration Council shall issue a Decision recognizing the agreement of the parties. This Decision is final and has the same validity as an arbitral award.
Article 28. Consideration of invalid arbitration agreements, unenforceable arbitration agreements, and jurisdiction of the Arbitration Council
1. Before considering the content of the dispute, the Arbitration Council must consider the validity of the arbitration agreement; whether the arbitration agreement can be performed or not and consider its jurisdiction. In cases where the case falls within its jurisdiction, the Arbitration Council shall proceed to resolve the dispute in accordance with the provisions of the law on arbitration and these Rules. In cases where it does not fall within its jurisdiction, the arbitration agreement is invalid or it is clearly determined that the arbitration agreement cannot be performed, the Arbitration Council shall issue a Decision to suspend the dispute resolution and immediately notify the parties.
2. During the dispute resolution process, if it is discovered that the Arbitration Council has exceeded its authority, the parties may file a complaint with the Arbitration Council. The Arbitration Council is responsible for reviewing and deciding.
3. In case of disagreement with the Decision of the Arbitration Council as stated in Clause 1 and Clause 2 of this Article, within 05 working days from the date of receipt of the Decision of the Arbitration Council, the parties have the right to submit a request to the competent Court to review the Decision of the Arbitration Council. The complaining party must simultaneously notify the Arbitration Council of this complaint. While the Court is resolving the complaint, the Arbitration Council may continue to resolve the dispute.
4. In case the Court decides that the dispute is not within the jurisdiction of the Arbitration Council, there is no arbitration agreement, the arbitration agreement is invalid or the arbitration agreement cannot be performed, the Arbitration Council shall issue a Decision to suspend the dispute resolution after receiving the Court's Decision.
Article 29. Suspension of dispute resolution
1. Dispute settlement is suspended in the following cases:
a. The Plaintiff or Defendant is a deceased individual whose rights and obligations are not inherited;
b. The Plaintiff or Defendant is an agency or organization that has ceased operations, gone bankrupt, dissolved, consolidated, merged, divided, separated or converted its organizational form without any agency or organization taking over the rights and obligations of that agency or organization;
c. The Plaintiff withdraws the Petition or is deemed to have withdrawn the Petition as provided for in Clause 1, Article 32 of these Rules, unless the Defendant requests continued dispute resolution;
d. The parties agree to terminate the dispute resolution.
d. The Court has decided that the dispute is not within the jurisdiction of the Arbitration Council, there is no arbitration agreement, the arbitration agreement is invalid or the arbitration agreement is unenforceable.
2. The Arbitration Council shall issue a decision to suspend the dispute resolution. In case the Arbitration Council has not been established, the President of VTIAC shall issue a decision to suspend the dispute resolution.
3. When there is a decision to suspend dispute resolution, the parties do not have the right to file a lawsuit requesting the Arbitration to re-settle the dispute if the filing of the lawsuit for the subsequent dispute is no different from the previous dispute in terms of the plaintiff, defendant and the disputed legal relationship, except for the cases specified in Points c and d, Clause 1 of this Article.
CHAPTER IV
DISPUTE RESOLUTION MEETING –
ARBITRAL AWARD
Article 30. Dispute resolution session
1. The time and place of the dispute resolution session shall be decided by the Arbitration Council, unless otherwise agreed by the parties.
2. The summons for the first dispute resolution meeting must be sent to the parties at least 30 days before the opening date of the meeting, unless the parties have agreed otherwise. The summons for the next dispute resolution meeting, including the summons for the first meeting in case this meeting has been postponed, must not be sent to the parties at least 30 days before the opening date of the meeting, unless the parties have agreed otherwise.
3. The dispute resolution session shall not be held in public, unless otherwise agreed by the parties. The parties have the right to invite witnesses and lawyers to protect their legitimate rights and interests, but must notify the Arbitration Council before the date of the dispute resolution session. With the consent of the parties, the Arbitration Council may allow other persons to attend the dispute resolution session.
Article 31. Postponement of dispute resolution session
1. In case of legitimate reasons, one or more parties may request the Arbitration Council to postpone the dispute resolution meeting. The request to postpone the dispute resolution meeting must be made in writing, stating the reasons, accompanied by evidence, and sent to the Arbitration Council at least 07 working days before the date of the dispute resolution meeting. If the request for postponement is sent late, the requesting party shall bear all costs incurred, if any. The Arbitration Council shall consider and decide whether to accept or not to accept the postponement request and promptly notify the parties.
2. If the Arbitration Council finds that there is insufficient basis to resolve the dispute, it must adjourn the dispute resolution session and promptly notify the parties.
3. The adjournment period shall be decided by the Arbitration Council.
Article 32. Absence of the parties
1. If the Claimant has been duly summoned to attend the hearing to resolve the dispute but is absent without a valid reason or leaves the hearing without the approval of the Arbitration Council, it shall be deemed to have withdrawn the Claim. In this case, the Arbitration Council shall only continue to resolve the dispute if the Respondent requests or files a Counterclaim.
2. If the defendant has been duly summoned to attend the dispute resolution meeting but is absent without a valid reason or leaves the meeting without the approval of the Arbitration Council, the Arbitration Council shall continue to resolve the dispute based on the available documents and evidence.
3. In the event of a Counterclaim, if the Respondent has been duly summoned to attend the dispute resolution meeting but is absent without a valid reason or leaves the meeting without the approval of the Arbitral Tribunal, it shall be deemed to have withdrawn the Counterclaim. In this case, the Arbitral Tribunal shall only continue to resolve the Counterclaim if the Claimant so requests.
4. In case the parties request, the Arbitration Council may, based on the records, conduct a dispute resolution session without the presence of the parties.
The Arbitration Council may conduct a dispute resolution session upon request of one party in its absence.
Article 33. Litigation at dispute resolution sessions
1. Litigation at the dispute resolution session includes presenting evidence, asking, answering, and expressing opinions and arguments on the assessment of evidence, details of the dispute, the legal relationship in dispute and the law applicable to resolve the requests of the disputing parties.
2. The debate at the dispute resolution session shall be conducted under the direction of the Chairman of the Arbitration Council and in the following order:
a. The lawyer protecting the plaintiff's legitimate rights and interests presents the request and evidence to prove that the plaintiff's request is well-founded and legitimate. The plaintiff has the right to add additional opinions.
b. The lawyer protecting the defendant's legitimate rights and interests presents the defendant's opinion on the plaintiff's request; the counterclaim, the defendant's request and evidence to prove that the request and request are well-founded and legitimate. The defendant has the right to add additional opinions.
c. The lawyer protecting the legitimate rights and interests of the plaintiff, the plaintiff asks first, followed by the lawyer protecting the legitimate rights and interests of the defendant, the defendant and finally the members of the Arbitration Council (or the sole Arbitrator).
The plaintiff and defendant may answer themselves or their lawyer protecting their legal rights and interests may answer on their behalf and the plaintiff and defendant may give additional answers.
d. The lawyer protecting the plaintiff's legal rights and interests argues first (the plaintiff has the right to supplement), followed by the lawyer protecting the defendant's legal rights and interests (the defendant has the right to supplement).
d. Participants in the debate have the right to respond to other people's opinions under the direction of the Chairman of the Arbitration Council.
3. In case the plaintiff and defendant do not have a lawyer to protect their legal rights and interests, they shall conduct the litigation themselves according to the procedures prescribed in Clause 2 of this Article.
4. The Chairman of the Arbitration Council shall not limit the time for debate, and shall create conditions for the participants in the debate to present all their opinions, but shall have the right to request them to stop presenting opinions that are not relevant to the dispute.
5. When deemed necessary, the Chairman of the Arbitration Council may request the disputing parties to debate additional specific issues as a basis for resolving the dispute.
Article 34. Suspension of dispute resolution session
1. The Arbitration Council has the right to suspend the dispute resolution session due to objective obstacles that prevent the session from continuing or when it deems it necessary to verify or collect additional documents and evidence, which, if not done, will not resolve the dispute. The suspension of the dispute resolution session must be recorded in the Minutes of the session.
2. When the reason for suspending the meeting no longer exists, the Arbitration Council shall send a Summons to the parties to attend the next dispute resolution meeting.
Article 35. Principles of issuing Arbitral Awards
The Arbitral Tribunal shall issue an Arbitral Award by majority vote. In the event that a majority vote is not obtained, the Arbitral Award shall be made in accordance with the opinion of the Chairman of the Arbitral Tribunal.
Article 36. Arbitral Award
1. The arbitral award must be in writing and contain the following main contents:
a. Date, month, year and place of judgment;
b. Name and address of Plaintiff and Defendant;
c. Names of the Arbitrators or Sole Arbitrator;
d. Summary of the Complaint and disputed issues; Counterclaim and disputed issues (if any);
d. The basis for the award, unless the parties agree that the basis need not be stated in the award;
e. Dispute resolution results;
g. Time limit for enforcement of judgment;
h. Allocation of arbitration costs and other related costs;
i. Signatures of the Arbitrators or Sole Arbitrator.
2. When an Arbitrator does not sign the Arbitral Award, the Chairman of the Arbitral Tribunal must record this in the Arbitral Award and state the reasons. In this case, the Arbitral Award remains valid.
3. The arbitral award shall be issued immediately at the meeting or no later than 30 days from the end of the last meeting.
4. The Arbitral Award shall be sent to the parties immediately after the date of issuance. The parties shall have the right to request VTIAC to provide a copy of the Arbitral Award and shall pay a fee as prescribed by VTIAC.
5. The arbitral award is final, effective from the date of issuance and is enforced in accordance with the provisions of the law on civil enforcement.
Article 37. Correction and interpretation of judgments; supplementary judgments
1. Within 30 days from the date of receipt of the award, unless the parties have agreed otherwise on the time limit, a party may request the Arbitral Tribunal to correct obvious errors in spelling, figures due to mistakes or miscalculations in the award, but must immediately notify the other party. If the Arbitral Tribunal considers this request to be legitimate, it must correct it within 30 days from the date of receipt of the request.
2. Within 30 days from the date of receipt of the award, unless the parties have agreed otherwise on the time limit, a party may request the Arbitral Tribunal to explain a specific point or part of the award but must immediately notify the other party. If the Arbitral Tribunal considers the request to be legitimate, it must provide an explanation within 30 days from the date of receipt of the request.
3. Within 30 days from the date of issuance of the award, the Arbitration Council may proactively correct the errors specified in Clause 1 of this Article and immediately notify the parties.
4. Unless otherwise agreed by the parties, within 30 days from the date of receipt of the award, a party may request the Arbitral Tribunal to issue a supplementary award on claims presented during the proceedings but not recorded in the award and must promptly notify the other party. If the Arbitral Tribunal considers the request to be legitimate, it shall issue a supplementary award within 45 days from the date of receipt of the request.
5. If necessary, the Arbitral Tribunal may extend the time for correction, explanation or issuance of additional awards as prescribed in Clauses 1, 2 and 4 of this Article.
6. The content of the correction and explanation of the award and the supplementary award are part of the Arbitral Award.
CHAPTER V
ARBITRATION FEES
Article 38. Arbitration fees
Arbitration fees include:
1. Remuneration for Arbitrators to resolve disputes;
2. VTIAC's administrative fees related to dispute resolution;
3. Expert consultation fees and other assistance as required by the Arbitral Tribunal.
4. Travel, accommodation and other related expenses for the Arbitrators in the Arbitral Tribunal and the session secretary.
5. Meeting room rental costs and costs related to holding dispute resolution sessions at a location outside VTIAC's headquarters at the parties' choice.
Article 39. Advance payment of arbitration fees
1. When submitting the Petition for Arbitration or the Supplemental Petition, the Claimant must pay in advance all the arbitration fees specified in Clause 1 and Clause 2, Article 38 of these Rules. These fees shall be calculated based on the value of the dispute as prescribed in the Arbitration Fee Schedule and the Administrative Fee Schedule of VTIAC in effect on the date of filing the petition. In case the value is not stated in the Petition for Arbitration or the Supplemental Petition, the specific fee shall be decided by VTIAC.
2. When filing a Counterclaim or Additional Counterclaim, the Respondent shall pay in advance all the arbitration fees specified in Clauses 1 and 2, Article 38 of these Rules for the Counterclaim or Additional Counterclaim.
3. The costs specified in Clauses 3, 4 and 5 of Article 38 of these Rules (if any) shall be paid after the Arbitral Tribunal is constituted. VTIAC shall consult with the Arbitral Tribunal to prepare an estimate of the costs incurred in the course of resolving the dispute and notify the parties. The Claimant shall pay these costs in full within 15 days from the date of receipt of the notice from VTIAC so that the Arbitral Tribunal may continue to resolve the dispute. The Claimant may request VTIAC to extend the time limit for payment of these costs by up to 15 days.
4. In case the dispute resolution session has to be postponed and additional costs arise, after each postponement, VTIAC will prepare an estimate of additional costs and request the Plaintiff to make an additional advance payment.
5. The settlement of actual costs will be calculated by VTIAC and notified to the parties and the Arbitral Tribunal before the Arbitral Tribunal issues its arbitral award. In case the advance payment is higher than the actual costs, VTIAC will refund the remaining amount to the party that paid the advance payment. In case the actual costs are higher than the advance payment, the party that paid the advance payment must pay the remaining amount to VTIAC.
Article 40. Decision on arbitration fees and related costs
1. The Arbitral Tribunal shall determine which party shall bear all arbitration fees and other litigation costs or shall allocate them in the proportions to which each party bears them in the Arbitral Award, unless the parties otherwise agree.
2. In case of successful conciliation under Clause 2, Article 27 of these Rules, each party shall bear 50% of the arbitration fee that the parties have paid in advance under Article 39 of these Rules, unless the parties have agreed otherwise.
CHAPTER VI
OTHER PROVISIONS
Article 41. Record keeping
VTIAC is responsible for storing the records of the accepted dispute for a period of 05 years from the date of the Arbitral Award or the decision to suspend dispute resolution.
Article 42. Effective date
1. Any amendment or supplement to these Arbitration Rules must be decided by the VTIAC Arbitrators Congress.
2. These Arbitration Rules, consisting of 6 Chapters and 42 Articles, were unanimously adopted by the Founding Arbitrators of VTIAC on 9/12/2021and takes effect from the date of issuance of the certificate of registration of operation.