DISPUTE RESOLUTION, PAGE 6

21. Are restrictions placed on the right to challenge the appointment of an arbitrator?

Arbitrators may be challenged if they are a relative or representative of either party, have an interest in the dispute, or if there are explicit grounds why the arbitrator would not be impartial or objective while performing his duties as an arbitrator.

22. Does the domestic law contain substantive requirements for the procedure to be followed?

No, save that arbitrators must resolve the dispute independently, objectively and impartially. Where one party to the dispute is foreign, rules of procedure may be determined by the parties, including the language of the proceedings, and the governing law (provided any foreign governing law does not contravene the fundamental principles of Vietnamese law).

23. On what grounds can the Court intervene during an arbitration?

“Interim measures” may be requested from a local Court during arbitration proceedings to provide protection for evidence in the event that it is in danger of being destroyed; to inventory disputed property; to prevent the transfer of disputed property; to prevent any change in the condition of disputed property; to inventory and seal up property at its place of storage; and to freeze bank accounts. The laws are not clear whether interim measures can be applied for if they fall outside these cases.

24. Do arbitrators have powers to grant interim or conservatory relief?

No. Only the Courts have such power in Vietnam.

25. When and in what form must the award be delivered?

An arbitral award must be announced within 60 days of the final day of the arbitral hearings, and is effective from the announcement date. Full texts of the award must be delivered to the parties immediately after the announcement of the award. The arbitral award is made on the basis of a simple majority of votes of the arbitrators (if more than one).

The written award must contain the date and place of issuance of the arbitral award; the name of the Arbitration Centre (if applicable); the name and addresses of the claimant(s) and respondent(s); the full name of the arbitrator(s); a summary of the claim and disputed issues; the basis for the arbitral award; the arbitral award; the decision on arbitration charges and other costs; the time limit for implementation of the award; and the signature(s) of the arbitrator(s).

The parties may request certain information relating to the disputed issues and the basis for the award to be excluded from the award decision.

26. On what grounds can an award be appealed to the Court?

An arbitration award can be appealed to a Court if there is no arbitration agreement; the arbitration agreement is invalid; the Arbitration Council’s composition or proceedings fail to comply with what the parties had agreed; the dispute is outside the jurisdiction of the Arbitration Council; an arbitrator has breached its obligations of impartiality, confidentiality or honesty; or if the award is counter to the interests of the Socialist Republic of Vietnam.

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