9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
.svg)
.svg)
Currently, Vietnam is evaluated as a country with a dynamic economy, high growth, and deep, strong integration into the world economy. Therefore, trade and cooperation between individuals, enterprises, and partners both domestically and internationally occur very frequently. As a result, disputes arising during cooperation and business processes are inevitable issues in the daily business operations of individuals and enterprises. Resolving these disputes offers many options, among which commercial arbitration is currently a quite popular method chosen by the parties when disputes occur.
Thus, what are the legal provisions governing the procedures for resolving business and commercial disputes at a commercial arbitration center between the parties? What are the steps involved? All the above content will be specifically explained by BKC Law Company in the following article:
Pursuant to Clause 1, Article 3 of the Commercial Arbitration Law 2010:
Resolving commercial disputes by commercial arbitration is a method of resolution agreed upon by the parties and conducted through the activities of arbitrators of a commercial arbitration center acting as an independent third party to resolve disputes between the parties by issuing an arbitral award binding the parties to respect and implement.
According to the provisions of the Commercial Arbitration Law 2010, there are two forms of dispute resolution: institutional arbitration (also known as permanent arbitration) and ad hoc arbitration, specifically distinguished as follows:
| Content | Institutional Arbitration (Permanent Arbitration) |
Ad Hoc Arbitration |
| Definition |
|
|
| Management and Organization |
|
|
| Establishment and Dissolution | The establishment and termination of institutional arbitration shall be carried out in accordance with the provisions of the law on commercial arbitration. | The establishment of ad hoc arbitration is carried out when the parties have a dispute and have an agreement to choose it. Ad hoc arbitration terminates when the case is resolved. |
Unless otherwise provided by law, the statute of limitations for filing a claim under commercial arbitration procedures is 02 (two) years from the date the legitimate rights and interests of the parties are infringed.
The arbitration procedural rules (procedural resolution process) follow the procedural rules of the arbitration center or as agreed upon by the disputing parties.
Step 1: Filing the Statement of Claim and Accompanying Documents When a Dispute Arises
Pursuant to Clause 1, Article 30 of the Commercial Arbitration Law 2010: “In cases of dispute resolution at an arbitration center, the claimant must prepare a statement of claim and submit it to the arbitration center. In cases where the dispute is resolved by ad hoc arbitration, the claimant must prepare a statement of claim and send it to the respondent.”.
Step 2: Establishment of the Arbitral Tribunal
Pursuant to Article 39 of the Commercial Arbitration Law 2010:
“Article 39. Composition of the Arbitral Tribunal
1. The composition of the arbitral tribunal may consist of one or more arbitrators as agreed by the parties.
2. Where the parties do not agree on the number of arbitrators, the arbitral tribunal shall consist of three arbitrators.”
Step 3: Negotiation and Mediation in Arbitration Proceedings
Pursuant to Clause 1, Article 58 of the Commercial Arbitration Law 2010:
“Article 58. Mediation and Recognition of Successful Mediation
At the request of the parties, the arbitral tribunal shall conduct mediation to enable the parties to reach an agreement on dispute resolution. When the parties reach an agreement on dispute resolution, the arbitral tribunal shall prepare a record of successful mediation signed by the parties and certified by the arbitrators. The arbitral tribunal shall issue a decision recognizing the parties’ agreement. This decision is final and has the same value as an arbitral award.”
Step 4: Opening the Dispute Resolution Hearing
The dispute resolution hearing conducted by the arbitral tribunal shall be held in private, unless the parties agree otherwise. The parties may attend the dispute resolution hearing in person or through authorized representatives, have the right to invite witnesses and persons protecting their legitimate rights and interests, and must notify the arbitral tribunal before the date of the dispute resolution hearing. With the consent of the parties, the arbitral tribunal may allow other persons to attend the dispute resolution hearing. The arbitral tribunal may, on its own initiative or at the request of one party, invite organizations or individuals to conduct expert assessments, valuations of assets, and relevant experts to participate in the dispute resolution hearing.
Step 5: Award of the Arbitral Tribunal
Pursuant to Article 60 of the Commercial Arbitration Law 2010:
“Article 60. Principles for Issuing Awards
1. The arbitral tribunal shall issue the arbitral award by majority vote.
2. Where a majority vote cannot be obtained, the arbitral award shall be issued according to the opinion of the presiding arbitrator.
According to the above regulations, the arbitral tribunal issues the arbitral award by majority vote. The arbitral award is final and enforceable from the date of issuance.
Pursuant to Article 34 of the Commercial Arbitration Law 2010:
“Article 34. Arbitration Fees
1. Arbitration fees are charges collected for providing dispute resolution services by arbitration. Arbitration fees include:
a) Remuneration for arbitrators, travel expenses, and other expenses for arbitrators;
b) Fees for consulting experts and other assistance as requested by the arbitral tribunal;
c) Administrative fees;
d) Fees for appointing ad hoc arbitrators by the arbitration center at the request of the disputing parties;
đ) Fees for using other utility services provided by the arbitration center.
2. Arbitration fees are determined by the arbitration center. In cases where the dispute is resolved by ad hoc arbitration, arbitration fees are determined by the arbitral tribunal.
3. The losing party shall bear the arbitration fees, unless the parties agree otherwise or the arbitration procedural rules provide otherwise or the arbitral tribunal allocates differently.”
According to the above regulations, commercial arbitration fees are determined by the arbitration center, so the level of arbitration fees may vary depending on each arbitration center.
Example: Fee schedule of the Southern Commercial Arbitration Center, as prescribed as follows
1. In cases where the Statement of Claim and Counterclaim state the value of the dispute
1.1. For disputes resolved by an Arbitral Tribunal consisting of 03 (three) arbitrators:
| Value of the dispute | Arbitration fee (inclusive of VAT) |
| Up to VND 70,000,000 | VND 5,000,000 |
| From over VND 70,000,000 to VND 100,000,000 | VND 7,500,000 |
| From over VND 100,000,000 to VND 200,000,000 | VND 12,000,000 |
| From over VND 200,000,000 to VND 300,000,000 | VND 16,500,000 |
| From over VND 300,000,000 to VND 400,000,000. | VND 20,000,000 |
| From over VND 400,000,000 to VND 800,000,000 | VND 20,000,000 + 5% of the disputed asset value exceeding VND 400,000,000 |
| From over VND 800,000,000 to VND 2,000,000,000 | VND 40,000,000 + 4% of the disputed asset value exceeding VND 800,000,000 |
| From over VND 2,000,000,000 to VND 5,000,000,000 | VND 88,000,000 + 3% of the disputed asset value exceeding VND 2,000,000,000 |
| From over VND 5,000,000,000 to VND 10,000,000,000 | VND 178,000,000 + 2.15% of the amount exceeding VND 5,000,000,000 |
| From over VND 10,000,000,000 to VND 50,000,000,000 | VND 285,500,000 + 1.5% of the amount exceeding VND 10,000,000,000 |
| From over VND 50,000,000,000 to VND 100,000,000,000 | VND 885,500,000 + 1% of the amount exceeding VND 50,000,000,000 |
| From over VND 100,000,000,000 to VND 500,000,000,000 | VND 1,385,500,000 + 0.50% of the amount exceeding VND 100,000,000,000 |
| From over VND 500,000,000,000 | VND 3,385,500,000 + 0.30% of the amount exceeding VND 500,000,000,000 |
1.2. In cases where the dispute is resolved by a sole arbitrator, the arbitration fee is 70% of the arbitration fee stated in Section 1.1 for the same dispute value.
2. In cases where the Statement of Claim and Counterclaim do not state the value of the dispute, the President of the Arbitration Center shall decide the arbitration fee based on the nature of the dispute, the time required to resolve the dispute, and the number of arbitrators.
3. In cases where the Statement of Claim and Counterclaim include both claims stating the value and claims not stating the value, the arbitration fee for the claims stating the value shall be calculated according to Section 1, and the arbitration fee for claims not stating the value shall be calculated according to Section 2 above.
4. The arbitration fees stated in Sections 1, 2, and 3 above do not include travel, accommodation, and other related expenses of the arbitrators and the secretary of the dispute resolution hearing; appraisal fees, asset valuation fees, expert consultation fees, and other assistance fees as requested by the arbitral tribunal.
5. The provisions in Sections 1, 2, 3, and 4 above also apply to amendments and supplements to the Statement of Claim that increase the value of the dispute; amendments and supplements to the Counterclaim that increase the value of the counterclaim. In cases of reduction in the value of the dispute or reduction in the value of the counterclaim, the arbitration fee shall not be reduced.
Trên đây là bài viết của công ty luật BKC Law về thủ tục, quy trình giải quyết tranh chấp tại Trọng tài thương mại. Những nội dung hữu ích từ bài viết giúp chúng ta hiểu rõ hơn về phương thức giải quyết tranh chấp Trọng tài thương mại. Quý doanh nghiệp có thể liên hệ cho Luật sư của chúng tôi để được tư vấn miễn phí chi tiết các thông tin cần thiết liên quan.
Not found
0 (0) Vietnam Entry Visa (Entry Visa) Service for Chinese Nationals provides a fast and convenient solution for Chinese citizens...
0 (0) Establishing a company with Japanese capital in Vietnam offers numerous attractive business opportunities and serves as a solid...
0 (0) E-Commerce Business License is a mandatory requirement for individuals and organizations to legally operate in the field of...
0 (0) Procedure for Establishing a Chinese Company in Vietnam requires foreign investors to comply with Vietnamese legal regulations. Vietnam...
0 (0) When deciding to invest and establish a Chinese company in Vietnam, foreign investors must thoroughly understand the legal...
0 (0) The procedure for applying for an entry visa to Vietnam for Chinese citizens is a critical process to...
0 (0) Currently, There are many cases of transferring land and houses that are mortgaged at the bank. However, not...
0 (0) Grounds for Exemption from Criminal Liability According to Article 29 of the Criminal Code 2015 (as amended in...
0 (0) Based on the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Children....
0 (0) Commercial disputes are inevitable issues in the daily business operations of enterprises. When disputes between the parties cannot...
0 (0) I. Types of Divorce in Vietnam Mutual Consent Divorce: This is the case where both husband and wife...
0 (0) Enterprise Legal Consultation Services in Binh Tan District can provide in-depth legal support for businesses operating in this...
0 (0) What is Divorce? Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014: “Divorce...
0 (0) Litigation attorney services in Binh Tan District aim to support clients in safeguarding their legitimate rights and interests...
0 (0) Criminal defense attorney services in Binh Tan District are increasingly in demand, as within a dynamic city like...
0 (0) Resolving land disputes in Binh Tan District, Ho Chi Minh City, is a complex and sensitive issue in...
0 (0) In the context of a rapidly developing economy, legal consultation services for commercial contract disputes in Binh Tan...
0 (0) Currently, inheritance consultation services in Ho Chi Minh City assist clients in properly planning their inheritance to ensure...
0 (0) In the context of a rapidly developing economy, legal consultation services for real estate procedures in Binh Tan...
0 (0) In the context of a rapidly developing economy, legal consultation services for enterprises in Binh Tan District are...
0 (0) Legal consultation services in Binh Tan District assist clients in resolving complex legal issues, ranging from advisory services...
0 (0) Attorneys specializing in inheritance consultation play a crucial role in assisting and guiding clients through legal issues related...
0 (0) Legal services for foreigners in Ho Chi Minh City are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In Ho Chi Minh City, legal services for foreigners are increasingly developed, as it is regarded as Vietnam’s...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In the context of globalization and increasing international economic cooperation, investment law plays a crucial role in shaping...
0 (0) In Ho Chi Minh City, APEC card application services are provided by numerous professional and reliable entities, enabling...
0 (0) The dissolution of a foreign-invested enterprise is a complex process that requires careful consideration. The decision to dissolve...
0 (0) The merger of foreign enterprises into the Vietnamese market presents substantial opportunities but also encounters numerous challenges. Evaluating...
0 (0) The establishment of branches of foreign companies in Vietnam has opened significant opportunities for business development within the...
0 (0) Fast-track unilateral divorce refers to one spouse requesting termination of the marriage without the consent of the other,...
0 (0) The current personal income tax (PIT) situation for foreigners in Vietnam is relatively clear, with specific regulations outlined...
0 (0) The cost of hiring a lawyer for comprehensive land law consultation is a matter of significant interest to...
0 (0) Disputes arising from land use rights transfer contracts often occur due to disagreements between the parties regarding contract...
0 (0) Transfer of shares by foreign investors in Vietnam requires strict compliance with legal regulations regarding ownership ratios and...
0 (0) When deciding to dissolve the representative office of a foreign company in Vietnam, this is not only a...
0 (0) Fast-track divorce is the termination of the marital relationship pursuant to a legally effective judgment or decision of...
0 (0) When a foreign-invested company decides to change or supplement its investment business lines, this transition is not only...
0 (0) In the context of rapid socio-economic development, the termination of foreign investment projects in Vietnam marks an important...
0 (0) Work Visa for Foreigners in Ho Chi Minh City offers valuable opportunities for foreigners seeking a career in...
0 (0) In the modern era of globalization, obtaining a work permit for foreign workers is a mandatory requirement to...
0 (0) When an enterprise or organization wishes to continue employing foreign workers, extending the work permit is an essential...
0 (0) In the context of rapid economic development, the need to register foreign loans in 2024 has become increasingly...
0 (0) In modern society, the need for legal services has become more widespread than ever. Hiring a lawyer is...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a criminal case...
0 (0) In today’s challenging business environment, the service of a dedicated corporate lawyer has become an indispensable tool for...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a land dispute...
0 (0) In the context of rapid socio-economic development, the need to convert the land use purpose of a project...
0 (0) In today’s society, the demand for legal services has become more widespread than ever. Hiring a civil case...
0 (0) In the context of rapid socio-economic development in Ho Chi Minh City, resolving internal enterprise disputes has become...
0 (0) Establishing a media company with foreign capital in Vietnam has become more attractive than ever, especially amid globalization...
0 (0) Establishing a construction company with foreign capital in Vietnam requires strict compliance with a series of legal conditions...
0 (0) In the context of socio-economic development, resolving labor contract disputes has become increasingly common, affecting the rights of...
0 (0) In the context of deepening global economic integration, remitting profits from Vietnam abroad by foreign investors has become...
0 (0) Establishing a logistics company with foreign capital in Vietnam has become an attractive trend for international investors. With...
0 (0) Establishing a real estate company with foreign capital in Vietnam is a complex process. With the rapid development...
0 (0) In the context of rapid urban development and increasing land use demand, land disputes have become a common...
0 (0) Establishing a technology company with foreign capital in Vietnam has become an attractive trend amid the context of...
0 (0) The procedure for dissolving a branch of a foreign company in Vietnam is an important process to ensure...
0 (0) Outward investment has become a crucial strategy in the context of deepening globalization. Many enterprises, from small to...
0 (0) With Vietnam’s rapidly developing economy and increasingly attractive investment environment, the country has drawn significant interest from foreign...
0 (0) Establishing a company in the United States is not only an important step in the entrepreneurial journey but...
0 (0) Establishing a company in Canada not only offers attractive business opportunities but also opens the door to one...
0 (0) Establishing a company in Singapore has become an attractive option for many entrepreneurs and investors due to its...
0 (0) Establishing a Company in Hong Kong has long been renowned as a leading financial and commercial hub in...
0 (0) Establishing a branch of a foreign-invested company in Vietnam requires meeting numerous detailed conditions and procedures to ensure...
0 (0) In the context of rapid globalization and increasingly fierce competition, increasing the charter capital of a foreign-invested company...
0 (0) In the context of rapid globalization and increasingly fierce competition, adding business lines for foreign-invested companies has become...
0 (0) In the context of rapid globalization and increasingly fierce competition, changing the name of a foreign-invested company is...
0 (0) Change of Principal Office Address for Foreign-Invested Companies is becoming increasingly common in the context of rapid economic...
0 (0) Establishment of a Chinese Company in Vietnam has become a growing trend as an increasing number of Chinese...
0 (0) Handwritten Divorce Petition can serve as a legal document used when one or both spouses wish to terminate...
0 (0) Conversion of a Vietnamese Company into a Foreign-Invested Company is a complex process that offers numerous opportunities for...
0 (0) Transfer of Agricultural Land to Residential Land is one of the legal procedures that many people are interested...
0 (0) Transfer of Red Book (Land Use Right Certificate), also known as transfer of land use rights and ownership...
0 (0) Transfer of Agricultural Land Use Rights is one of the important legal procedures aimed at transferring land use...
0 (0) Before initiating a land dispute lawsuit, it is essential to have a clear understanding of the relevant legal...
0 (0) Division of Inheritance Without a Will is the legal process for distributing the estate of a deceased person...
0 (0) Division of Inheritance by Will is an important aspect of civil law, reflecting the personal will of the...
0 (0) Inheritance Disputes in Ho Chi Minh City represent one of the most complex legal issues, as this metropolitan...
0 (0) Procedures for Division of Inheritance constitute an important legal process that ensures the equitable distribution of a deceased...
0 (0) Procedures for Receiving Inheritance constitute an important legal process that requires a thorough understanding of the law to...
0 (0) Procedures for Receiving Inherited Assets in Ho Chi Minh City constitute an important legal process directly concerning the...
0 (0) A professional land law consultant lawyer will help clients clearly understand their rights and obligations while providing effective...
0 (0) Credit Contract Disputes are a common issue in the financial sector, arising from disagreements between the lender (banks...
0 (0) In civil transactions, disputes over loan of property are inevitable, particularly when the parties fail to comply with...
0 (0) In Ho Chi Minh City, specifically Inheritance Disputes in Binh Tan District represent a frequently encountered legal issue,...
0 (0) Resolution of Land Disputes in Binh Tan District is a matter of significant concern amid the rapid urbanization...
0 (0) <em><span id=”cke_bm_306S”> </span><strong>Resolution of Disputes Arising from Condominium Purchase and Sale in Binh Tan District</strong> is a prevalent legal...
0 (0) Currently, in Ho Chi Minh City, will drafting services are increasingly in demand to meet the growing need...
0 (0) Drafting a Will is a crucial step to protect your rights and those of your family, while ensuring...
0 (0) Investing in Industrial Parks in Vietnam has emerged as an attractive opportunity for both domestic and foreign investors....
0 (0) Declaration of Inheritance is an important legal procedure that confirms ownership rights to assets inherited by heirs following...
0 (0) Will Drafting Services provide a professional solution to express your wishes and legally protect your assets. Drafting a...
0 (0) The law office specializing in land law consultation is a provider of professional and dedicated legal services to...
0 (0) Conditions for Establishing a Foreign-Invested Company in Vietnam encompass the legal requirements and procedures that investors must comply...
0 (0) The law office services in Binh Tan District aim to support clients in ensuring their legal rights and...
0 (0) In recent years, with an increasingly improved business environment and more comprehensive investment support policies, Vietnam has become...
0 (0) A professional and highly experienced team of attorneys specializing in corporate law consultation services in Binh Tan District...
0 (0) Vietnam is currently attracting significant interest from foreign investors establishing companies in the country, thanks to its growing...
0 (0) Investment consulting services in Vietnam are increasingly affirming their essential role in supporting investors—from individuals to organizations—in achieving...
0 (0) Divorce is a complex process that often causes significant stress for the parties involved. Fast divorce services provided...
0 (0) The attorney retainer fee for initiating a lawsuit typically ranges from VND 1,000,000 to VND 5,000,000 per case....
0 (0) The land law consulting office provides professional and dedicated legal services for all clients. With a team of...
0 (0) When confronting inheritance matters, understanding the fees for engaging a professional inheritance attorney is essential to safeguarding your...
0 (0) The outbound investment advisory service has become an indispensable component in today’s context of global economic integration. With...
0 (0) Establishing a Chinese company in Vietnam is becoming a trend as more and more Chinese investors see the...
41 Rockets, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41