How long is the limitation period for initiating proceedings for dispute resolution by arbitration?
The limitation period for initiating proceedings for dispute resolution by arbitration is stipulated in Article 33 of The Arbitration Law 2010 as follow: The limitation period for initiating proceedings for dispute resolution by arbitration shall be two (2) years from the date of infringement of legal rights and interests, unless otherwise stipulated by specialized law. […]
I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration permitted by Vietnamese law?
The ArbitrationLaw 2010 allows parties to select ad hoc arbitration to resolve disputes. For ad hoc arbitration, the parties are free to agree upon the order and procedures for dispute resolution. If you would like further information on I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration […]
What are commercial rights?
Article 3(6) of Decree No. 35/2006/ND-CP provides that ”commercial rights” includeone, several or all of the following rights: a) Right granted to the franchisee by the franchisor that also requests the franchisee to undertake by itself the business of supplying goods or providing services within a system set up by the franchisor and associated with […]
Do the parties have the freedom to choose the law applied in the arbitration proceedings to resolve the dispute?
The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow: 1. For disputes without foreign elements, the arbitration tribunal shall apply the law of Vienam in order to resolve the dispute. 2. For disputes with foreign elements, the arbitration tribunal shall apply the law chosen […]
Which legal documents of Vietnam stipulate commercial franchise?
Commercial franchise is provided in the following legal documents: – Vietnam Commercial Law 2005 – Decree No. 35/2006/ND-CP dated 31/3/2006 by the Government detailing implementation of Commercial Law 2005 regarding Franchising – Circular No. 09/2006/TT-BTM dated 25/5/2006 by the Ministry of Trade guiding the procedures of commercial franchise registration. Besides, if commercial franchise is related […]
What are qualifications to become an arbitrator? Who are not allowed to act as an arbitrator?
According to Article 20 of The Arbitration Law 2010, a person with all the following qualifications may act as arbitrators: a. Having full civil legal capacity as prescribed in the Civil Code; b. Having a university qualifications and at least five years’ work experience in the discipline which he or she studied; c. In special […]
How is the legal value of an arbitral award? Does one party, who disagrees with the arbitral award, have the right to bring a petition to the court?
The arbitral award is final, and all parties are bound by such award. If when the time-limit for carrying out an arbitral award expired, the award debtor has not voluntarily carried out the award and has not requested that the award be set aside, the award creditor shall have the right to request the competent […]
During the process of arbitration proceedings, could the court order an interim relief to protect the rights of parties in the dispute?
Under Article 48 of The Arbitration Law 2010, Parties in dispute shall have the right to request the arbitration tribunal or a court to order an interim relief. A request to a court to order an interim relief shall not be deemed to be a denial of the arbitration agreement or a waiver of the […]
During the arbitration proceedings, is conciliation by parties recognized? How will the decision recognizing successful conciliation be enforced?
Pursuant to Article 9 of The Arbitration Law 2010, during the process of arbitration proceedings, Parties shall have the freedom to negitiate and reach agreement with each other to resolve their disputes, or to request the arbitration tribunal to conduct mediation in order for the parties to reach an agreement and resolve their dispute. If […]