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 by the parties; if the parties do not have an agreement on applicable law, then the arbitration tribunal shall make a decision to apply the law which it considers the most appropriate.

According to this provision, parties do have the right to choose the applicable law only in case of disputes with foreign elements; but in case of disputes without foreign elements, the Arbitral Tribunal shall apply the law of Vietnam.

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