Client’s Question:
We are preparing to initiate arbitration proceedings against a partner at the Vietnam Trade and Investment Arbitration Center (VTIAC). What contents must be included in the Statement of Claim for it to be accepted by the Center?
VTIAC’s Answer:
Preparing a Statement of Claim in accordance with the law is a crucial step for the Vietnam Trade and Investment Arbitration Center (VTIAC) to accept and handle your case. Pursuant to Article 30 of the Law on Commercial Arbitration 2010 and Article 15 of the VTIAC Arbitration Rules, the Statement of Claim must contain the following:
1. Contents of the Statement of Claim at VTIAC
- Date of the Statement of Claim;
- Names and addresses of the parties;
- Names and addresses of witnesses, if any;
- Summary of the dispute;
- Legal grounds and evidence supporting the claim, if any;
- Specific claims of the Claimant and the value of the dispute;
- Name of the Arbitrator selected by the Claimant from the VTIAC List of Arbitrators, or a request for the President of VTIAC to appoint an Arbitrator.
The Statement of Claim must be accompanied by the arbitration agreement, and originals or copies of relevant documents.
The Statement of Claim and accompanying documents must be prepared in sufficient number of copies for VTIAC to send to each member of the Arbitral Tribunal handling the dispute (one copy for each Arbitrator), one copy for the Respondent, and one copy to be kept on file at VTIAC.
Notes:
- The Statement of Claim must be drafted clearly and completely, avoiding contradictions or omissions. If the requirements are not met, VTIAC has the right to request supplementation or refuse to accept the case.
- Careful preparation from the outset will save time and costs, and ensure that the case is resolved promptly and effectively in accordance with arbitration law.
2. Notification of the Statement of Claim
Unless otherwise agreed by the parties, within 07 working days from the date VTIAC receives the Claimant’s Statement of Claim, the accompanying documents, and proof of payment of the advance on arbitration fees, VTIAC shall send to the Respondent a copy of the Statement of Claim and accompanying documents, the name of the Arbitrator chosen by the Claimant or appointed by the President of VTIAC, the VTIAC List of Arbitrators, the Arbitration Rules, and the Schedule of Arbitration Fees. VTIAC shall also send the Claimant’s Arbitrator a copy of the Statement of Claim and accompanying documents.
3. Withdrawal or Amendment of the Statement of Claim
Pursuant to Article 21 of the VTIAC Arbitration Rules, during the arbitral proceedings, the Claimant has the right to withdraw or amend the Statement of Claim, specifically:
- Before the Arbitral Tribunal renders an arbitral award, the parties have the right to withdraw the Statement of Claim.
- During the arbitral proceedings, the parties may amend or supplement the Statement of Claim. The Arbitral Tribunal may refuse such amendments or supplements if it finds that they may be abused to cause difficulty, delay the rendering of the arbitral award, or exceed the scope of the arbitration agreement applicable to the dispute.
4. Important Notes When Filing a Claim at VTIAC
- Clearly determine the conditions for resolving disputes by arbitration: VTIAC may only handle the case if there is a valid arbitration agreement.
- Prepare all evidence from the outset to avoid prolonging the proceedings.
- Determine the statute of limitations for filing the claim in accordance with the law to avoid rejection of the Statement of Claim.
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VIETNAM TRADE AND INVESTMENT ARBITRATION CENTER
M: 0934565488 | W: http://vtiac.vn/ | E: vtiac.contact@gmail.com