Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (VIAC) - National Arbitration Institution Report - World Arbitration Reporter (WAR) - 2nd Edition

Author(s):

Nguyen Thi Hai Chi

Page Count:

18 pages

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1 PDF Download

Published:

November, 2014

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. BASIC INFORMATION

A. History and Operation

The Vietnam International Arbitration Centre at the Vietnam

Chamber of Commerce and Industry (VIAC) was established in 1993

on the mergence of Foreign Trade Arbitration Council (founded in

1963) and Marine Arbitration Council (founded in 1964). The VIAC

is a non-governmental, independent and the most reputable

institution in Vietnam providing resolution of domestic disputes as

well as disputes with foreign elements.1 Under the Vietnamese Law

on Commercial Arbitration 2010 in force as from January 1st, 2011

(hereinafter referred as to “the LCA”), the VIAC provides dispute

resolution for not only disputes arising from commercial activities

including sales of goods, provision of services, distribution,

representation of traders, commercial dealers, consignment, rent,

leasing, construction, consultancy, license, investment, finance,

banking, insurance, exploration, exploitation, goods and passengers

transportation by air, railway and road services and other

commercial activities, but also disputes with the involvement of at

least a party doing commercial activities and other arbitrable

disputes by law.

Apart from arbitration, the VIAC also provides dispute resolution

through conciliation in accordance with the Rules of Conciliation in

force as from September 10th, 2007.

Organizational structure of the VIAC consists of the Managing

Board, the Secretariat, Legal Science Research Council, Department

of Promotion and Training and other affiliations. The Managing

Board includes the President and Vice Presidents. The President is

the legal representative of the VIAC, being responsible for entire

operation of the Centre. Vice Presidents assist the President to

perform his duty as assigned. The Secretariat comprises the

Secretary General, Deputy Secretaries General and Secretaries

appointed by the President. The Legal Science Research Council,

found by an initiative of the President, has the functions of

researching and summarizing practices in procedural and

substantive issues arising out of dispute resolution at the VIAC;

proposing comments on policy making process upon requests.

Besides its head-office at No.9 Dao Duy Anh Street, Hanoi,

Vietnam, the VIAC has its three branches in dynamic economic

regions such as Ho Chi Minh City, Da Nang City and Can Tho City. Of

which, head-office in Hanoi and Ho Chi Minh City branch directly

administer disputes.

The VIAC’s caseload is increasing. From 1993 to 2013, there was

approximately 1,000 disputes resolved, encompassing various

commercial activities including sales of goods (~ 70%), investment

(~5%), services (~10%), construction (~5%) and others (~10%).

Domestic disputes account for 51% and disputes with foreign

elements cover the rest of 49%. To date, entrepreneurs from more

than 50 nations and territories have been arbitrated at the VIAC; of

which, Singaporean parties are currently dominant (~25%), followed

by Korean (~23%), Chinese (~15%) and American ones(~10%) etc.