The enforcement of International commercial arbitration court at Trading-industrial chamber of Ukraine on the territory of the Vietnam Jun22

The enforcement of International commercial arbitration court at Trading-industrial chamber of Ukraine on the territory of the Vietnam

Question: I am representing interests of the company from Ukraine. In 2013 year our company worked with a company from Vietnam (is locating in Ha Noi). Relations between companies ...

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What is the difference between arbitration and conciliation?

For arbitration, the parties shall select arbitrators. The selected arbitrators then shall resolve the dispute and render an arbitration award which is final and bindi...

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How long is the limitation period for initiating proceedings for dispute resolution by arbitration?

The limitation period for initiating proceedings for dispute resolution by arbitration is stipulated in Article 33 of The Arbitration Law 2010 as follow:

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I want to choose the ad hoc arbtiration to resolve the dispute. Is the ad hoc arbitration permitted by Vietnamese law?

The ArbitrationLaw 2010 allows parties to select ad hoc arbitration to resolve disputes. For ad hoc arbitration, the parties are free to agree upon the order and procedures for dispute resolution. ...

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Do the parties have the freedom to choose the law applied in the arbitration proceedings to resolve the dispute?

The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow:

1. For di...

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What are qualifications to become an arbitrator? Who are not allowed to act as an arbitrator?

According to Article 20 of The Arbitration Law 2010,  a person with all the following qualifications may act as arbitrators:

a. Ha...

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How is the legal value of an arbitral award? Does one party, who disagrees with the arbitral award, have the right to bring a petition to the court?

The arbitral award is final, and all parties are bound by such award. If when the time-limit for carrying out an arbitral award expired, the award debtor has not volunt...

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During the process of arbitration proceedings, could the court order an interim relief to protect the rights of parties in the dispute?

Under Article 48 of The Arbitration Law 2010, Parties in dispute shall have the right to request the arbitration tribunal or a court to order an interim relief. A reque...

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During the arbitration proceedings, is conciliation by parties recognized? How will the decision recognizing successful conciliation be enforced? Jun28

During the arbitration proceedings, is conciliation by parties recognized? How will the decision recognizing successful conciliation be enforced?

Pursuant to Article 9 of The Arbitration Law 2010, during the process of arbitration proceedings, Parties shall have the freedom to negitiate and reach agreement with e...

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Please provide some information about the arbitration fees of VIAC. Jun28

Please provide some information about the arbitration fees of VIAC.

According to the website of the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Comerce and Industry, since January 1st 2012, VIAC ...

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Are parties required to select arbitrators within the list of arbitrators of VIAC when the dispute was agreed to be settled in accordance with the Rules of Arbitration of VIAC? Jun28

Are parties required to select arbitrators within the list of arbitrators of VIAC when the dispute was agreed to be settled in accordance with the Rules of Arbitration of VIAC?

According to the Rules of Arbitration of VIAC, Parties are required to appoint arbitrators within the list of arbitrator of VIAC to resolve disputes without foreign ele...

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Could parties submit a petition to the court while they have already agreed upon an arbitration agreement? Jun28

Could parties submit a petition to the court while they have already agreed upon an arbitration agreement?

No, they could not. According to Article 6 of The Arbitration Law 2010, where the parties in dispute already have an arbitration agreement but one party institutes cour...

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