Originially from: World Arbitration and Mediation Review (WAMR)

Vietnam Creates International Arbitration Center;
Contemplates Other Reforms
By David Howell. Mr. Howell is a partner at the Singapore office of Baker &
McKenzie.
As part of its ongoing economic reform program, Vietnam has established a new
international arbitration center and is considering a measure to facilitate enforcement
of foreign awards and judgments.
[Editor’s note: for a general view of international arbitration within economic
reform in Vietnam, see Mr. Howell’s earlier article at 4 WAMR 6.]
On April 23, 1993 the Vietnamese Prime Minister issued Decision No. 204/TTG,
establishing the “Vietnam International Arbitration Centre” (the “Centre”) and
ratifying regulations governing the organization of the Centre (the “Regulations”).
The Centre is described in the Regulations as a non-governmental organization
established by the Vietnam Chamber of Commerce and Industry. The Centre is
empowered to resolve disputes arising out of international economic relations,
including foreign trade contracts and international investment contracts. The Centre
is specifically empowered to resolve disputes where one or more of the parties
involved are foreign entities, or where the parties agree to refer the dispute to the
Centre.
Appointing Procedures
The arbitrators of the Centre are required to be persons who are “knowledgeable
and experienced in law, foreign trade, investment, finance, banking, shipping,
insurance, etc.” Arbitrators are to be selected by the Executive Committee of the
Vietnam Chamber of Commerce and Industry, for a period of four years (subject to
re-appointment). Crucially, foreign experts may be invited to be arbitrators of the
Centre.
The Centre will be governed by a Chairman and two Vice-Chairmen, who are
elected by the arbitrators of the Centre for a term of four years. The Chairman is
required to appoint a permanent secretary for the Centre.
In the event of a dispute, each party is required to nominate (or request the
Chairman of the Centre to appoint) an arbitrator from the appointed panel of
arbitrators of the Centre. The two arbitrators so appointed will choose a third
arbitrator, again from the panel of the Centre. If the two arbitrators cannot agree on