Arbitration Law
Firm 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.
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.
ANT Lawyers - a Law firm in Vietnam with international standard, local
expertise and strong international network. We focus on customers’ needs and
provide clients with a high quality legal advice and services. For advice or
service request, please contact us via email ant@antlawyers.vn, or call us +84
24 730 86 529.
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