What are the Arbitration Principles of Dispute Resolution?

What are the Arbitration Principles of Dispute Resolution?

Arbitration, mediation, negotiation, and litigation are all methods of dispute resolution. For disputes to be resolved, a law firm in Vietnam needs dispute lawyers who have the expertise and experience necessary to resolve complex cross-border, commercial, and civil disputes.

The following principles must be followed when settling a dispute in arbitration, according to Article 4 of the Vietnam Law on Commercial Arbitration:

If the parties' agreement does not violate social ethics or prohibitions, arbitration lawyers must respect it.

Arbitrators must be independent, objective and impartial and shall observe law.

Parties in dispute have the same rights and responsibilities. The arbitration council is responsible for establishing the conditions necessary for disputing parties to exercise their rights and fulfill their responsibilities.

Dispute settlement by arbitration shall be conducted in private, unless otherwise agreed by the parties.

The arbitral awards are final.

Discretion has turned into a very famous technique for question goal, as numerous organizations lean toward it over the significant expenses of prosecution.

Arbitration lawyers in Vietnam may also be able to assist clients with a variety of issues, including choosing an arbitrator, choosing the rules for the arbitration, selecting an ad hoc or institutional arbitration, selecting a location for the arbitration, and obtaining the enforcement of the arbitral award.

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When Arbitration Lawyers in Vietnam Could Settle a Dispute?

When Arbitration Lawyers in Vietnam Could Settle a Dispute?

Under the Law on Business Mediation powerful Jan first, 2011, and other directions, on a basic level, discretion must be utilized in questions among parties that emerge from business exercises, debates among parties something like one of whom conducts business exercises, and different debates among parties which are specified by regulation to be settled by intervention in Vietnam. From drafting the arbitration agreement to resolving the arising dispute, an arbitration lawyers in Vietnam should be consulted.

Arbitral tribunals are entitled to resolve the disputes mentioned above if the concerned parties have a valid arbitration agreement agreed, before or after the dispute arises.

At the point when the court is mentioned to determine one of the debates of the above sorts which a legitimate discretion understanding exists, the court will look at records encased with the request to decide and in the event that the court observes that the question is under a mediation understanding and such assertion understanding is substantial the court will give a choice to end the settlement, return the request and reports.

The question will be dealt with by the court however it is under a discretion arrangement, except if generally concurred by the gatherings concerned or endorsed by regulation: the court gives a choice to dissolve the arbitral honor or the choice made by the arbitral council; or on the other hand there is a choice to suspend the arbitral council or mediation focus from settling questions; or on the other hand the mediation arrangement isn't suitable.

ANT Lawyers, a Vietnam-based law firm, will be available to help clients resolve disputes outside of court, in court, or through arbitration lawyers in Vietnam.

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Requirement on Sending Notices in Arbitration Proceedings in Vietnam

What are Requirement on Sending Notices in Arbitration Proceedings 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 12 of Vietnam Law on Commercial Arbitration, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, the mode and order of sending notices in arbitral proceedings for dispute are specified as follows:

Each party’s written explanations, correspondence papers and other documents shall be sent to the arbitration center or arbitration council in sufficient copies so that every member of the arbitration council and the other party has one copy, and one copy is filed at the arbitration center;

Notices and documents to be sent by the arbitration center or arbitration council to the parties shall be sent to the addresses or to their representatives at the correct addresses notified by the parties;

Notices and documents may be sent by the arbitration center or arbitration council directly, in registered or ordinary mails, by fax. telex, telegram, email, or other modes which acknowledge such sending;

Notices and documents sent by the arbitration center or arbitration council will be regarded as having been received on the date the parties or their representatives receive them or if such notices and documents have been sent to addresses or to their representatives at correct address notified by the parties;

The time limit for receiving notices and documents shall be counted from the date following the date such notices and documents are regarded as having been received. If the following date falls on a holiday or day off under regulations of the country or territory in which the notices and documents have been received. This time limit shall be counted from the subsequent first working day. If the last day of this time limit falls on a holiday or day off under regulations of such country or territory, the time of expiration is the end of the subsequent first working day.

Arbitration lawyers in Vietnam at ANT Lawyers - a 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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Dispute Resolution Through Arbitration

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.

In the current business environment, most business agreements could contain a clause stipulating that disputes arisen must be resolved in arbitration.  For a dispute to be referred to arbitration, there must be a valid arbitration agreement in writing, either as an arbitration clause within a contract or a separate agreement.  If the agreement is included within the context of a contract, the arbitration clause is considered independent, and any modification, extension, or termination of the contract does not affect the validity of the arbitration clause. Vietnamese law allows for a written arbitration agreement to take the form in any written form, so long as the writing clearly indicates the parties’ intent to resolve any dispute via arbitration. If a dispute falls within the scope of a valid arbitration agreement, but a party attempts to initiate court proceedings, the residing court does not have jurisdiction over the matter, and must drop the case. Moreover, an arbitration agreement does not have to stipulate specific dispute matters and/or the arbitration organization authorized to resolve disputes without supplemental agreement.  Even if there is a valid arbitration agreement, Vietnamese Arbitration Law stipulates that in order for a dispute to go to arbitration, it must also fit into one of three categories:

(1) disputes arising from “commercial activities”;

(2) disputes where at least one party is engaged in commercial activities;

(3) other disputes where the law stipulates that arbitration is a permissible means of resolution.

In category (1), the term “commercial activity” is defined in Commercial Law No. 36-2005-QH11 (31 December 2005) as “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.”  The types of disputes that often fall into the second category are noncommercial disputes, such as civil disputes, where at least one party to the dispute is engaged in commercial activities. However, this category does not apply in disputes between a good/service provider and a consumer. In this case, the law allows the party to choose between litigation and arbitration. Even the agreement includes a standard arbitration clause in the supply of goods or services contract, the dispute may not be arbitrated without the consumer’s consent. The final category of disputes permissible for arbitration gives legislators discretion to expand or maintain the types of disputes resolved through arbitration.  An example of a category (3) dispute is a dispute arising from investment activities governed by the Law on Investment.

Arbitration has become an extremely popular method of dispute resolution, as many businesses prefer it over the high costs of litigation.

How ANT Lawyers Could Help Your Business?

Contact Us for ADR & Mediation Services provided by qualified mediators and lawyers, supported by field experts. Via email ant@antlawyers.vn, office tel (+84) 24 32 23 27 71 or talk to our partner directly at + 84 912 817 823.

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