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• The Rules of Arbitration of the Vietnam International Arbitration Centre at the Vietnam
Article 1. Scope of Application
The Rules of Arbitration of the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (the “Rules”) shall apply to resolution of all disputes arising from commercial activities, where:
1. The parties agree to choose the Vietnam International Arbitration Centre and/or its Rules of Arbitration to resolve the dispute; or
2. The parties agree to choose the Vietnam International Arbitration Centre to resolve the dispute, but fail to choose any other rules of arbitration.
Article 2. Definitions
In the Rules, the following words and terms shall be understood as follows:
1. “Centre” means the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry.
2. “List of Arbitrators” means the List of Arbitrators of the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry.
3. “Arbitral Tribunal” includes three arbitrators or a sole arbitrator.
4. “Disputes involving a foreign element” are those arising from commercial activities where one or more parties are foreigners or foreign legal entities, or where the bases for establishing, altering and terminating disputed relationships are located abroad, or where the dispute - related properties are located abroad.
Article 3. Written Notifications or Communications
1. All pleadings and other written communications submitted to the Centre by any party shall be supplied in a number of copies sufficient to provide one copy for each arbitrator of the Arbitral Tribunal, one for the other party and one for the Centre.
2. All notifications or communications from the Centre shall be made to the last addresses of the parties or their representatives, as provided by the parties.
Such notifications or communications from the Centre may be made by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of communication that provides a record of the sending thereof.
3. A notification or communication shall be deemed received on the date it was delivered to the parties or their representative, or it would otherwise be deemed received if made in accordance with paragraph 2 of this Article.
4. Periods of time specified in the Rules shall start to run on the date following the date a notification or communication is deemed received in accordance with paragraph 3 of this Article. When the commencement date is an official public holiday, or a non-business day in the country or separate territory where the notification or communication is deemed received, the period of time shall commence on the first following business day. If the last day of the relevant period of time is an official public holiday or a non-business day in the country or separate territory where the notification or communication is deemed received, the period of time shall expire at the end of the first following business day.
Article 4. Number of Arbitrators
1. The dispute shall be decided by an Arbitral Tribunal of three arbitrators or by a sole arbitrator.
2. Where the parties have not agreed that the dispute shall be decided by a sole arbitrator, the dispute then shall be decided by an Arbitral Tribunal of three arbitrators.
Article 5. Commencement of the Arbitral Proceedings
The arbitral proceedings shall commence on the date on which a Request for Arbitration made by the Claimant is received by the Centre.
Article 6. Participation in the Arbitral Proceedings
The parties may participate in person or authorize their representatives to participate in the arbitral proceedings.
Where the parties authorize their representatives to participate in the proceedings, the authorization shall be made in writing, clearly stating the contents, scope and time-period of authorization, and notified to the Centre.
Article 7. Request for Arbitration
1. A party wishing to have recourse to arbitration under the Rules shall submit its Request for Arbitration (the “Request”) to the Centre.
2. The Request shall, inter alia, contain the following main information:
a) the date on which the Request is made;
b) the full names and addresses of both the Claimant and the Respondent;
c) a brief description of the nature and circumstances of the dispute;
d) legal ground(s) on which the claim(s) is/are based;
e) an indication of the value in dispute as well as other claims by the Claimant; and
f) the name of the arbitrator that the Claimant appoints from the List of Arbitrators or a request made by the Claimant to the Centre’s President for appointment of an arbitrator on his behalf.
As for arbitration of a dispute involving a foreign element, the Claimant may appoint an arbitrator from or outside the List of Arbitrators. Where the arbitrator is appointed outside the List of Arbitrators, his/her full name and contact address shall be notified by the Claimant to the Centre. Where the Claimant requests the Centre’s President to appoint an arbitrator, the President shall appoint anyone from the List of Arbitrators.
3. The Claimant shall submit, together with the Request, the original or a duly certified copy of the arbitration agreement, relevant documents and evidence, and a receipt proving the advance payment of arbitration costs.
4. The Request and documents annexed thereto shall be submitted in the number of copies specified by Article 3(1) of the Rules.
Article 8. Constitution of an Arbitral Tribunal of Three (03) Arbitrators
1. Unless the parties agree otherwise, within five (05) days from the date of receipt of the Request and documents annexed thereto in accordance with Article 7 of the Rules, the Centre shall transmit the Respondent a copy thereof and the List of Arbitrators and make notification of the name of the arbitrator appointed by the Claimant or by the Centre’s President.
2. Unless the parties agree otherwise, within thirty (30) days from the date of receipt of the Request and attached documents transmitted by the Centre, the Respondent shall appoint an arbitrator from the List of Arbitrators and notify the Centre thereof or request the Centre’s President to appoint an arbitrator on his behalf. Where there are multiple Respondents, they shall, acting jointly, select an arbitrator from the List of Arbitrators and notify the Centre thereof or request the Centre’s President to appoint an arbitrator on their behalf.
As for arbitration of a dispute involving a foreign element, the Respondent may appoint an arbitrator from or outside the List of Arbitrators or request the Centre’s President to appoint an arbitrator on his behalf. Where there are multiple Respondents, they shall, acting jointly, select an arbitrator from or outside the List of Arbitrators and notify the Centre thereof or request the Centre’s President to appoint an arbitrator on their behalf. Where the arbitrator is appointed outside the List of Arbitrators, his/her full name and contact address shall be notified by the Respondent to the Centre. Where the Respondent requests the Centre’s President to appoint an arbitrator, the President shall appoint anyone from the List of Arbitrators.
3. Should the Respondent fail to appoint an arbitrator or fail to request the Centre’s President to do so, within seven (07) days from the expiry date of the mentioned above thirty (30) day period, the Centre’s President shall appoint an arbitrator from the List of Arbitrators on his behalf.
4. Within fifteen (15) days from the date when the two arbitrators are appointed by the parties or by the Centre’s President, the two arbitrators shall appoint from the List of Arbitrators the third arbitrator to act as Chairperson of the Arbitral Tribunal. After the expiry of this fifteen (15) day period, should the two appointed arbitrators fail to choose the third arbitrator, the Centre’s President, within seven (7) days from the expiry date, shall appoint an arbitrator from the List of Arbitrators to act as Chairperson of the Arbitral Tribunal and notify the parties thereof.
Article 9. Constitution of an Arbitral Tribunal of a Sole Arbitrator
1. If the parties agree that the dispute is to be decided by a sole arbitrator, within thirty (30) days from receipt of the Centre’s request for appointment of an arbitrator, the parties shall, acting jointly, appoint an sole arbitrator from the List of Arbitrators and notify the Centre thereof or make a request to the Centre’s President for appointment of a sole arbitrator.
As for arbitration of a dispute involving a foreign element, the parties may appoint an arbitrator from or outside the List of Arbitrators or request the Centre’s President to appoint an arbitrator on their behalf. Where the arbitrator is appointed outside the List of Arbitrators, his/her full name and contact address shall be notified by the parties to the Centre. Where the parties request the Centre’s President for appointment of an arbitrator, the President shall appoint anyone from the List of Arbitrators to act as the sole arbitrator.
2. Should the parties fail to jointly appoint a sole arbitrator, any party may request the Centre’s President to appoint the sole arbitrator. Within fifteen (15) days from the date of receipt of such request, the Centre’s President shall appoint an arbitrator from the List of Arbitrators to act as the sole arbitrator.
Article 10: Statement of Defence
1. Unless the parties agree otherwise, within thirty (30) days from the date of receipt of the Request for Arbitration and attached documents from the Centre, the Respondent shall submit a Statement of Defence which shall, inter alia, contain the following main information:
a) the date on which the Statement of Defence is made;
b) the full name and address of the Respondent;
c) legal ground(s) for defence;
d) any specific request of the Respondent.
If the Respondent holds that the dispute is not the one of arbitrability or there is no arbitration agreement or the arbitration agreement is invalid, he shall raise these matters in the Statement of Defence.
2. At the request of the Respondent, the time limit for submission of the Statement of Defence may exceed thirty (30) days, but not longer than seventy-five (75) days from the date of receipt of the Request and attached documents transmitted from the Centre. An application for extension of the time limit shall be made in writing and sent to the Centre within thirty (30) day time limit from the date of receipt of the Request and attached documents transmitted from the Centre.
3. The Statement of Defence and documents attached thereto shall be submitted in the number of copies required by Article 3(1) of the Rules.
Article 11. Counterclaims
1. The Respondent shall be entitled to make any counterclaims against the Claimant’s claim(s) contained in the Request for Arbitration. Any Counterclaim made by the Respondent and documents attached thereto shall be submitted to the Centre at the same time with the submission of the Statement of Defence.
2. The Counterclaim shall, inter alia, contain the following main information:
a) the date on which the Counterclaim is made;
b) the full names and addresses of the Claimant and Respondent;
c) a brief description of the nature and circumstances of the counterclaim;
d) legal ground(s) of the counterclaim; and
e) any amount(s) counterclaimed and other specific requests by the Respondent.
3. Together with the Counterclaim, the Respondent shall submit the original or a duly certified copy of the arbitration agreement, relevant documents and evidence, and a receipt proving the advance payment of arbitration costs.
4. The Counterclaim and documents attached thereto shall be submitted in the number of copies required by Article 3(1) of the Rules.
5. Unless the parties agree otherwise, the Centre shall transmit the Counterclaim and attached documents required by paragraph 3 of this Article to the Claimant within five (05) days from the date of receipt thereof.
6. The Claimant shall file an Answer within thirty (30) days from the date of receipt of the Counterclaim and attached documents communicated from the Centre.
7. The Counterclaim shall be subject to the same procedures applied to the Request for Arbitration and handled by the same Arbitral Tribunal that handles the Request.
Article 12. Modification, Supplement and Withdrawal of the Request for Arbitration and Counterclaim
1. The Claimant may make any subsequent modification, supplement or withdrawal of the Request for Arbitration before the Arbitral Tribunal renders its Arbitral Award.
2. After submitting a Counterclaim, the Respondent may make any subsequent modification, supplement or withdrawal of the Counterclaim before the Arbitral Tribunal renders its Arbitral Award.
Article 13. Independence, Impartiality and Objectivity of Arbitrators
1. An arbitrator who has been chosen or appointed shall be and remain independent, impartial and objective in handling the dispute.
2. Upon being chosen or appointed and throughout the arbitral proceedings, a chosen or appointed arbitrator shall duly disclose any facts or circumstances which might give rise to any justifiable doubts as to his/her independence, impartiality and objectivity.
Article 14. Refusal of being Arbitrator(s) and Replacement of Arbitrator(s)
1. An arbitrator shall refuse to handle the dispute and the parties shall be entitled to request for replacement of any arbitrator in the following circumstances:
a) The arbitrator is a relative of a party or its representative;
b) The arbitrator has interest(s) in the dispute;
c) The arbitrator himself/herself become aware of his/her lack of independence, impartiality and objectivity or the parties have clear evidence that the arbitrator is not independent, impartial or objective in the proceedings.
2. If after choosing its own arbitrator, a party becomes aware that the chosen arbitrator falls into one of the circumstances provided for in paragraph 1 of this Article, it may request for replacement of the arbitrator.
3. An arbitrator’s refusal to handle the dispute or a party’s request for arbitrator replacement shall be filed with the Arbitral Tribunal before its Arbitral Award is rendered. Where the Arbitral Tribunal has not been constituted, such refusal or request shall be made to the Centre’s President.
4. A refusal and replacement shall be decided by the remaining arbitrators of the Arbitral Tribunal. Should these arbitrators fail to do so, the Centre’s President shall make a decision instead.
If two of the three arbitrators in an Arbitral Tribunal or a sole arbitrator makes a refusal or is requested for replacement, the Centre’s President shall make a decision on the refusal and replacement.
5. During the arbitral proceedings, if an arbitrator becomes unable to perform his/her functions, the procedure for replacement of an arbitrator provided for in Articles 7, 8 or 9 of the Rules shall apply.
6. The Arbitral Tribunal that has been reconstituted shall continue the proceedings. If necessary, the reconstituted Arbitral Tribunal, after consulting the parties, may review the matters presented at any previous hearings.
Article 15. Studying the File and Establishing the Facts of the Case
1. Once being chosen or appointed, an arbitrator shall study the file and be entitled to verify the facts of the case, as he or she deems necessary.
2. The Arbitral Tribunal may meet the parties to hear their opinions. At the request of a party or the parties or of its own motion, the Arbitral Tribunal may decide to hear the third person(s) in the presence of the parties or after duly notifying them thereof.
Article 16. Taking Evidence
1. The parties shall produce evidence to support their claims or defence. The Arbitral Tribunal may require the parties to provide additional evidence relevant to the dispute and may itself gather evidence.
2. The Arbitral Tribunal may, at the request of a party or both parties, decide to appoint one or more experts and notify the parties thereof. Any requesting party shall deposit an advance payment for experts’ fees; where the parties jointly make such request, the advance payment for experts’ fees shall be shared by the parties.
Article 17. Place of the Arbitration
The parties are free to determine the place of the arbitration. In the absence of any agreement by the parties to that effect, the Arbitral Tribunal shall fix the place of the arbitration, taking into account specific conditions and circumstances, and the parties’ convenience.
Article 18. Language of the Arbitration
The language of the arbitration shall be Vietnamese.
As for arbitration of a dispute involving a foreign element, the parties are free to agree on the language to be used in the arbitral proceedings. In the absence of any agreement by the parties to that effect, the language shall be Vietnamese. The parties may require the Centre to provide interpreter(s) and shall pay fees thereof.
Article 19. Legal Base for Making Decision on the Substance of the Dispute
1. As to a dispute between domestic parties, an Arbitral Tribunal shall decide in accordance with the terms of the contract and Vietnamese laws.
2. As to a dispute involving a foreign element, an Arbitral Tribunal shall decide in accordance with the terms of the contract, the applicable law designated by the parties and relevant international treaties and shall take into account the international commercial usages and customs.
Where the parties fail to choose or fail to reach any agreement on the applicable law, the Arbitral Tribunal shall apply the law which it finds appropriate.
Article 20. Hearings
1. The date and time of any hearing shall be fixed by the Chairperson of the Arbitral Tribunal, unless the parties agree otherwise.
2. A summon shall be sent to the parties at least thirty (30) days before the hearing date, unless the parties agree otherwise.
3. Any hearing shall be conducted in camera. The parties may invite witnesses and advocates to protect their legitimate rights and interests, and shall notify the Arbitral Tribunal thereof before the hearing. With consent of the parties, the Arbitral Tribunal may allow other persons to attend the hearing.
Article 21. Examination of the Arbitration Agreement and the Jurisdiction of the Arbitral Tribunal
1. Before the Arbitral Tribunal considers the merits of the dispute, if any party raises an issue that the Arbitral Tribunal does not have jurisdiction over the dispute or the arbitration agreement is non-existent or invalid, the Arbitral Tribunal shall consider the issue and make a decision to that effect in the presence of the parties, unless the parties agree otherwise. If the party raising the issue, after being duly summoned, fails to appear without valid excuse, such issue shall be deemed to be withdrawn. The Arbitral Tribunal shall continue the proceedings.
2. If any party is not satisfied with the Decision made by the Arbitral Tribunal as provided for in the paragraph 1 of this Article, within five (05) days from the date of receipt of such Decision, the party may request the Provincial Court where the Arbitral Tribunal issued the Decision to review such Decision. The requesting party shall notify the Arbitral Tribunal thereof; meanwhile, the Arbitral Tribunal shall continue the proceedings.
3. Where the competent Court determines that the Arbitral Tribunal has no jurisdiction over the dispute or the arbitration agreement is non-existent or invalid, the Arbitral Tribunal shall suspend the arbitral proceedings after receiving the Court’s Decision.
Article 22. Adjournment of Hearings
1. Where a good cause is shown, any party may request the Arbitral Tribunal to adjourn a hearing. A request for adjournment shall be made in writing and state the reasons thereof supported by evidence and shall be delivered to the Arbitral Tribunal at least seven (7) days before the hearing. For a late submission of such request, the party seeking the adjournment shall bear all associate costs and expenses.
The Arbitral Tribunal has its own discretion to consider, accept or refuse the request for adjournment and shall timely notify the parties thereof.
2. Whereas the Arbitral Tribunal finds that there are insufficient grounds to decide the dispute, the Arbitral Tribunal shall, of its own motion, adjourn the hearing and timely notify the parties thereof.
Article 23. Absence of the Parties
1. If the Claimant, after being duly summoned, fails to appear without good reasons or leaves the hearing without permission of the Arbitral Tribunal, his Request for Arbitration shall be deemed withdrawn. In this event, the Arbitral Tribunal shall continue the proceedings only upon the Respondent’s request or Counterclaim pursuant to Article 11 of the Rules.
2. If the Respondent, after being duly summoned, fails to appear without good reasons or leaves the hearing without permission of the Arbitral Tribunal, the Arbitral Tribunal shall continue the proceedings and decide the case based on the available documents and evidence.
3. If the Respondent has made a Counterclaim and he, after being duly summoned, fails to appear without good reasons or leaves the hearing without permission of the Arbitral Tribunal, his Counterclaim shall be deemed withdrawn. In this event, the Arbitral Tribunal shall continue the proceedings only upon the Claimant’s request.
4. At the request of the parties, the Arbitral Tribunal may, in the absence of the parties, decide the case solely on the file of the case.
The Arbitral Tribunal may proceed with the case upon a party’s request for absence.
Article 24. Settlement of the Dispute
1. During the course of the arbitral proceedings, the parties may negotiate with each other to settle the dispute. If a settlement of the dispute is reached, the Arbitral Tribunal may, upon the request of the parties, make a Decision on Suspension of the Arbitral Proceedings. If the settlement is reached when the Arbitral Tribunal has not been constituted, the Centre’s President shall make such Decision instead.
2. The parties may request the Arbitral Tribunal to conduct an amiable settlement between them. If a settlement of the dispute is reached, the Arbitral Tribunal shall make a Minute on Settlement and a Decision on Recognition of the Settlement. The Minute on Settlement shall be signed by the parties and the arbitrator(s) of the Arbitral Tribunal. The Decision on Recognition of the Settlement shall be final and enforced in accordance with Article 31 of the Rules.
Article 25. Suspension of the Arbitral Proceedings
The arbitral proceedings shall be suspended in the following circumstances:
1. The Claimant withdraws his Request for Arbitration or is deemed to have withdrawn his Request pursuant to Article 23(1) of the Rules, unless the Respondent requests for the continuation of the proceedings.
2. The parties agree on the termination of the proceedings.
3. There is a Court’s Decision as provided for in Article 21(3) of the Rules.
Article 26. Conservatory and Interim Measures
During the course of the arbitral proceedings, if any party considers that his legitimate rights and interests are infringed or are to be infringed, it may make an application to a competent Court for conservatory or interim measures in accordance with the law.
Article 27. Arbitral Award Making Principles
An Arbitral Award shall be made by a majority vote of the members of the Arbitral Tribunal, unless the dispute is decided by a sole arbitrator. The minority opinion shall be recorded in the hearing’s Minutes.
If there is no majority vote reached among members of the Arbitral Tribunal, the Arbitral Award shall be made by the Chairperson of the Arbitral Tribunal.
Article 28. The Arbitral Award
1. The Arbitral Award shall, inter alia, contain the following main information:
a) The date and place where the Arbitral Award is made;
b) The full name of the Centre;
c) The full names and addresses of the Claimant and the Respondent;
d) The full name(s) of the arbitrators or the sole arbitrator;
e) A summary of the Request for Arbitration and a brief description of the nature of the dispute;
f) Reasoning for the Arbitral Award;
g) Decisions on the merits of the dispute, the arbitration costs and other expenses;
h) The duration and deadline for implementation of the Arbitral Award; and
i) Signature(s) of the arbitrators or the sole arbitrator.
2. Where an arbitrator fails to sign the Arbitral Award for any reason, the Chairperson of the Arbitral Tribunal shall record this matter in the Arbitral Award and state reasons thereof.
3. The parties may request the Arbitral Tribunal not to reflect in the Arbitral Award the disputed issues and reasonings of the Arbitral Award.
Article 29. Announcing the Arbitral Award
1. The Arbitral Tribunal may announce the Arbitral Award at the final hearing or thereafter but no later than sixty (60) days from the date on which the final hearing ends. The full text of the Arbitral Award shall be sent to the parties on the following date after the announcement.
2. Additional copies of the Arbitral Award shall be made available upon the request of the parties.
Article 30. Correction of the Arbitral Award
1. Within fifteen (15) days from the date of receipt of the Arbitral Award, any party may request the Arbitral Tribunal to correct clerical, computational, and typographical or other technical errors contained in the Arbitral Award. The Arbitral Tribunal shall make such correction and notify the parties thereof within thirty (30) days of the receipt of any application for correction.
2. The decision on the correction of the Arbitral Award shall constitute a part of the Arbitral Award and be signed by the arbitrator(s) of the Arbitral Tribunal.
Article 31. Legal Effect of the Arbitral Award
The Arbitral Award shall be final and enter into legal force on the date on which it is announced. The parties shall implement the Arbitral Award in accordance with the law.
Article 32. The Arbitration Costs
The arbitration costs includes:
1. The remuneration of the arbitrator(s);
2. The Centre’s administrative fees;
3. The travel, accommodation and other expenses incurred by the Arbitral Tribunal and the secretary of the hearing;
4. Any reasonable and necessary expenses for experts and other assistance provided at the request of the Arbitral Tribunal.
Article 33. Advance Payment for Arbitration Costs
1. While submitting a Request for Arbitration, the Claimant shall pay in advance an amount sufficient to cover the costs referred to in paragraphs 1 and 2 of Article 32 of the Rules, unless the parties agree otherwise. This amount is calculated on the basis of the value in dispute in accordance with the Schedule of Arbitration Costs annexed to the Rules. If no value in dispute is included in the Request for Arbitration, the Centre shall fix the advance amount for arbitration costs. In all circumstances, the Request shall not be accepted for hearing, unless the full advance amount for costs is paid.
2. While submitting a Counterclaim, the Respondent shall pay in advance the full amount for arbitration costs, unless the parties agree otherwise. If the amount is not fully paid, the Counterclaim shall not be accepted for hearing.
3. The costs specified in paragraphs 3 and 4 of Article 32 of the Rules shall be paid upon the constitution of the Arbitral Tribunal. The Centre shall, after consultation with the Arbitral Tribunal, make an estimated amount to cover the costs that may arise during the arbitral proceedings and notify the parties thereof. Within fifteen (15) days from the date of receipt of such notification from the Centre, the Claimant shall pay the amount in full, unless the parties agree otherwise. When the amount is not fully paid, the Centre may direct the Arbitral Tribunal to suspend its work and set another time limit of no more than fifteen (15) days for the Claimant to make the payment. Upon the expiry of this time limit the Request for Arbitration shall be considered as withdrawn if the payment has not been fulfilled.
4. In the event of adjournment of a hearing that brings additional expenses, the Centre shall make an estimate of the additional amount to cover the costs for each adjournment and request the parties to pay in advance the amount in accordance with the preceding paragraphs.
5. The accounting and settlement of the costs shall be done by the Centre and notified to the parties and the Arbitral Tribunal before an Arbitral Award is made. If the paid advance amount is more than the actual costs and expenses, the unexpended balance shall be returned by the Centre to the parties. If the actual costs and expenses exceed the paid advance amount, the parties shall pay the excess amount.
Article 34. Decision as to the Arbitration Costs and Relevant Costs
Unless the parties agree otherwise, the Arbitral Tribunal shall, in its final Arbitral Award, decide which of the parties shall bear the arbitration costs and other relevant costs or in what proportion the costs shall be borne by the parties.
Article 35. Minutes of the Hearing
1. The hearing’s Minutes shall contain, inter alia, the following information:
a) The title of the case;
b) The place and date of the hearing;
c) The full names of the Claimant, the Respondent and their representatives who attend the hearing.
d) The full names of the arbitrators, experts and witnesses, if any, and other persons who attend the hearing; and
e) A brief description of developments of the hearing.
2. The hearing’s Minutes shall be signed by the Chairperson of the Arbitral Tribunal and the secretary of the hearing.
3. The parties are entitled to know the content of the hearing’s Minutes and request for correction and supplement thereof. Where such request is not accepted, the Arbitral Tribunal shall make a record thereof in the Minutes.
Article 36. Keeping the File
The file of the case comprising the Arbitral Award, the Minutes on Settlement, the Decision on Recognition of the Settlement Agreement, the Decision on Suspension of the Arbitral Proceedings and other relevant documents shall be kept at the Centre.
