Vietnam - Part H - Arbitration in Asia - 2nd Edition

Prior to the initiation of Vietnam's open-door policy in 1986, there
were few commercial disputes in Vietnam. Most commerce and
production was undertaken, owned, or controlled by the State, and did
not involve foreign parties. Disagreements could usually be resolved
through administrative processes. The State Economic Arbitration bodies
that had jurisdiction to hear disputes were government agencies, one of
whose functions was to exert state management over economic contracts.
From 1963 to 1988, the State Economic Arbitration bodies heard only
three matters according to statistics in the June 1999 edition of Vietnam
Law and Legal Forum. The State Economic Arbitration bodies were
abolished in 1994 and replaced by the Economic Courts (part of the
People's Courts).

Since 1986, the country has slowly opened its doors to foreign trade
and foreign investors. As foreign trade and investment has increased, so
have the number of commercial disputes.

The Vietnam International Arbitration Centre (VIAC) was
established in 1993 under Decision 204.1 The VIAC has jurisdiction over
disputes arising from international and domestic economic relations.
At about the same time, Decree 1162 provided for the establishment
of economic arbitration centres (EACs) in Vietnam by arbitrators who
met certain academic requirements. EACs were permitted to resolve
disputes relating to economic contracts between a company and its
members, between members of a company, and disputes relating to
securities. A number of EACs were licensed, including the Hanoi
Economic Arbitration Centre, and the Economic Arbitration Centre of
Ho Chi Minh City.

The Arbitration Ordinance,3 which came into effect on 1 July 2003,
unified the regulations applicable to arbitration tribunals in Vietnam and
was the first attempt by the Vietnamese Government at creating a
framework for arbitration in Vietnam. Arbitrations can be heard in
Vietnam by arbitration centres and ad-hoc tribunals.4

The Arbitration Ordinance had a number of shortcomings, and did
not do well in attracting companies, especially foreign parties, to refer
disputes to arbitration in Vietnam.

The recently issued Arbitration Law, which came into effect on 1
January 2011, should provide a foundation for bringing arbitration in
Vietnam closer to international standards.

Table of Contents:

PART H
Vietnam
Milton Lawson and
Hoang Thi Thanh Thuy
______________________________________________________
Contents

[1] INTRODUCTION

[2] LEGISLATION
[2.1] Arbitration Law
[2.2] Application
[2.3] Arbitration fees

[3] ARBITRATION AGREEMENTS
[3.1] Requirements
[3.2] Types of arbitration agreement
[3.2.1] Contract clause or separate agreement
[3.2.2] Parties to the arbitration agreement
[3.2.3] Separability/autonomy of the arbitration agreement
[3.2.4] Effect of arbitration agreement

[4] ARBITRATORS AND THE ARBITRAL TRIBUNAL
[4.1] Qualifications
[4.2] Number of arbitrators
[4.3] Selection
[4.3.1] Resolution of disputes by an arbitration centre
[4.3.2] Resolution of disputes by an ad-hoc arbitration tribunal
[4.4] Challenging and replacement of arbitrators

[5] ARBITRATION PROCEDURE
[5.1] Points of claim
[5.2] Establishment of an arbitration tribunal
[5.3] Defence
[5.4] Counter-claim
[5.5] Interim relief
[5.5.1] Measures for interim relief
[5.5.2] Application for interim relief
[5.5.3] Alteration or rescission of interim relief
[5.6] Fact-finding
[5.7] Hearing
[5.7.1] Hearing date
[5.7.2] Location of the hearing
[5.7.3] Required forms
[5.7.4] Records of the hearing

[6] AWARDS
[6.1] Settlement agreements
[6.2] Form of the award
[6.3] Issuance and revisions of awards
[6.3.1] Issuance of awards
[6.3.2] Correction of awards
[6.4] Setting aside of awards

[7] JUDICIAL ASSISTANCE AND INTERVENTION
[7.1] Court assistance and intervention
[7.2] Enforcement of arbitral award

[8] RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
AWARDS
[8.1] Scope of application of the Civil Procedures Code
[8.2] The enforcement process
[8.2.1] Application to the Ministry of Justice
[8.2.2] Consideration of the application
[8.2.3] Hearing of the application
[8.2.4] Grounds for refusal of recognition and enforcement
[8.2.5] Enforcement

[9] PRACTICAL INFORMATION
[9.1] Visa requirements
[9.2] Foreign counsel
[9.3] Taxation

[10] APPENDICES (on CD)
[10.1] Civil Proceedings Code (in English)
[10.2] Civil Proceedings Code (in Vietnamese)
[10.3] Law on Enforcement of Civil Judgments (in English)
[10.4] Law on Enforcement of Civil Judgments (in Vietnamese)
[10.5] Arbitration Law 2010 (in English)
[10.6] Arbitration Law 2010 (in Vietnamese)

Author Detail:

Milton Lawson graduated from the University of Lancaster in the UK,
where he obtained a Masters Degree in Philosophy. Mr. Lawson is the
Managing Lawyer of Freshfields Bruckhaus Deringer’s Ho Chi Minh
City office and is one of the longest serving foreign lawyers working in
Vietnam. Mr. Lawson was trained as a litigation lawyer in a major
London litigation practice and has experience in a wide range of
commercial litigation and arbitration matters. He is one of the few
lawyers in Vietnam to have a wide experience and specialization in
litigation, having advised on over 30 disputes, in the Vietnamese courts
as well as arbitration in the Vietnamese International Arbitration Centre.
Mr. Lawson also advised both Vietnamese and foreign parties that were
involved in numerous contentious matters.

Hoang Thi Thanh Thuy is a Vietnamese Lawyer who obtained a
Bachelor of Law degree from the Ho Chi Minh City Law University in
2003. She has experience in, among other areas, arbitration, and other
corporate issues.