In recent years, arbitration has become an increasingly popular method for resolving disputes in Vietnam, highlighting the significant role of the Vietnam International Arbitration Center (VIAC) in addressing disputes across various sectors. However, this process can present numerous challenges and complexities, especially for individuals without legal expertise. Therefore, legal advisory services during this stage are crucial in helping clients understand and apply the necessary legal knowledge, ensuring their rights are optimally protected throughout the dispute resolution process.
Commercial arbitration is a dispute resolution method agreed upon by the parties, and in cases handled by a sole arbitrator, the process proceeds in the following sequence of events:
- Stage 1 - Submission of the Request for Arbitration: The claimant submit the Request for Arbitration to VIAC, including key details such as information about the claimant and the respondent, the specific nature of the dispute, the basis for the request for arbitration, the requests for dispute resolution, and the name of the arbitrator selected to resolve the dispute or a request for the Center to appoint a sole arbitrator as per the regulations. The Request for Arbitration must be accompanied by the arbitration agreement and any relevant supporting documents.
Note: In the case where the dispute is resolved by a sole Arbitrator, the Claimant must submit 03 sets of the lawsuit petitions to VIAC for the Center to send to the Arbitrator, the Defendant, and retain one copy.
- Stage 2 - Notification of Acceptance of the Request for Arbitration: Within 10 working days from the date of receiving the Request for Arbitration, accompanying documents, and proof of arbitration fee deposit, VIAC will notify the Claimant and Respondent in writing about the acceptance of the Request for Arbitration.
- Stage 3 - Appointment of the Arbitrator: The parties have the right to agree on the selection of a Sole Arbitrator within 30 days from the date on which the Respondent receives the Notice, the Request for Arbitration and related documents. If no agreement is reached, VIAC will appoint an Arbitrator from the list of recognized Arbitrators at VIAC.
In the case where the Claimant/Respondent requests the Center to appoint an Arbitrator, within 07 days from the date of receiving the request, the Center’s President will make a decision to appoint the Sole Arbitrator.
- Stage 4 - Submission of the Respondent's Statement of Defence: The Respondent must submit the Statement of Defence to VIAC within 30 days from the date of receipt of the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents from VIAC. If necessary, the Respondent may request an extension. The request for extension must be in writing and delivered to the Center prior to the expire date for submitting the Statement of Defence or the extended period of time for submissions of the Statement of Defence.
- Stage 5 - Counterclaim: The Respondent shall have the right to file a counterclaim against the Claimant. The counterclaim must be based on the arbitration agreement on which the Claimant has to relied to make the request against the Respondent. The counterclaim shall be made in a separate document, independent of the Statement of Defence. The counterclaim shall be submitted to the Center at the same time as the submission of the Statement of Defence.
Within 10 days from the date of receipt of the Counterclaim, the relevant documents, and arbitration fees, VIAC will send the Claimant a Notice, the Counterclaim, and related documents.
- Stage 6 - Submission of the Plaintiff's Statemet of Defence in case of Counterclaim by the Respondent: The Claimant must submit the Defense Statement to VIAC within 30 days from the date of receipt the Notice, the Counterclaim, and related documents.
- Stage 7 - Hearings: In case the parties do not have any other agreement, the time and the location of hearings will be determined by the Arbitral Tribunal. A summon to attend the hearings shall be sent by VIAC to the parties within no less than 15 days prior to the date of the hearing.
- Stage 8 - Issuance of the Arbitration Award: The Arbitrator must issue the written award within 30 days from the date on which the final hearing finishes.
- Stage 9 - Notification of the Award: The award will be sent to the parties immediately after its issuance. The award is final and takes effect from the date of issuance.
Note: From the beginning of the arbitration proceedings, the parties in the dispute still have the right to negotiate and agree to terminate the dispute resolution process or request the Arbitral Tribunal to proceed with mediation. In case of a successful mediation, the Arbitral Tribunal will make a decision recognizing the successful mediation, or the parties have the right to request the Center’s President to make a decision staying the dispute resolution.
The arbitration procedure involves several stages and requires the provision of many documents to the Arbitral Tribunal. Therefore, to help clients overcome these challenges and ensure their rights are fully and fairly executed, SB Law's legal consulting services will provide dedicated support to our valued clients. Our team of experienced lawyers are not only legal experts but also trusted companions for clients in all legal matters. With our deep understanding of the law and practical experience, we will offer the most suitable solutions to help clients resolve their legal issues in the most effective way possible.
Our services include:
- Legal Consulting: We provide in-depth consulting services regarding the rights and legal interests of clients during the dispute resolution process at the Vietnam International Arbitration Center (VIAC). Our team of experienced lawyers will help clients understand the arbitration process, clarify relevant legal regulations, and offer optimal solutions for each specific situation.
- Legal Representation: We represent clients in preparing, submitting documents, and providing necessary evidence at VIAC. In addition, we work closely with all relevant parties to ensure the optimal protection of our clients' rights. If necessary, we will also handle complaints or requests related to the dispute resolution process.
- Negotiation Representation: Our team of lawyers will directly negotiate with relevant parties to seek the most beneficial agreements for our clients. With a deep understanding of arbitration law and professional negotiation skills, we are committed to providing effective solutions that save both cost and time for our clients.
- Drafting Documents: We assist in drafting the necessary legal documents for the arbitration process, from requests and responses to agreements between the parties. We ensure that all documents are accurately drafted and comply with legal regulations.
For disputes related to resolution at the Vietnam International Arbitration Center (VIAC), choosing a trusted legal partner is key to ensuring that your rights are protected and that the legal process proceeds smoothly. SB Law is committed to standing by your side through every challenge, helping you achieve the best possible outcome for your case. Contact us today to begin your journey in protecting your rights.
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