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 […]
Please provide some information about the arbitration fees of VIAC.
According to the website of the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Comerce and Industry, since January 1st 2012, VIAC will apply a new schedule of arbitration costs. I. Basis to calculate arbitration fees 1. Statement of Claim and Counterclaim indicate the value of the dispute Units: Vietnam dong Value of […]
Are parties required to select arbitrators within the list of arbitrators of VIAC when the dispute was agreed to be settled in accordance with the Rules of Arbitration of VIAC?
According to the Rules of Arbitration of VIAC, Parties are required to appoint arbitrators within the list of arbitrator of VIAC to resolve disputes without foreign elements. But Parties are free to appoint arbitrators outside the list of arbitrators to resolve disputes with foreign elements. If you would like further information on Are parties required […]
Could parties submit a petition to the court while they have already agreed upon an arbitration agreement?
No, they could not. According to Article 6 of The Arbitration Law 2010, where the parties in dispute already have an arbitration agreement but one party institutes court proceedings, the court must refuse to accept jurisdiction unless the arbitration agreement is void or incapable of being performed. The arbitration agreement is void and null in […]
What contents should be contained in the arbitration agreement?
The content of the arbitration agreement should be simple but accurate, the following contents are highly recommended: - Type of arbitration (Institutional arbitration or Ad hoc arbitration); - The arbitration centre agreed by parties; - The number of arbitrators (1 or 3); - The place of arbitration; - Applicable law of arbitration; - Language of […]