dispute-resolution

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The limitation period for initiating proceedings for dispute resolution by arbitration is stipulated in Article 33 of The Arbitration Law 2010 as follow: The limitation period for initiating proceedings for dispute resolution by arbitration shall be two (2) years from the date of infringement of legal rights and interests, unless otherwise stipulated by specialized law.
Commercial Arbitration is a method to resolve disputes arising from commercial activities agreed by the parties and conducted in accordance with the provisions of law. The dispute resolution can be conducted by the Arbitration Tribunal of an arbitration centre or established by the parties.
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.
A dispute can only be brought to arbitration if there exist an arbitration agreement between the parties. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement (annexed to the contract) established during or after concluding the contract, or after the dispute had arisen. It is worth noting that an arbitration must be in a written form (Article 16 of The Arbitration Law 2010).
First, arbitration is flexible and independent of the court. During the process of arbitration proceedings, parties are free to appoint arbitrators and agree upon the procedure of the arbitration, such as language of the arbitration, place of the arbitration, applicable law, ect. Second, arbitration is able to protect trade secrets and confidential information of the disputes as dispute resolution sessions shall be conducted in private, and the arbitrators are obliged to maintian the confidentiality of the disputes.
The applicable law in dispute resolution by arbitration are provided in Article 14 of The Arbitration Law 2010 as follow: 1.    For disputes without foreign elements, the arbitration tribunal shall apply the law of Vienam in order to resolve the dispute. 2.    For disputes with foreign elements, the arbitration tribunal shall apply the law chosen by the parties; if the parties do not have an agreement on applicable law, then the arbitration tribunal shall make a decision to apply the law which it considers the most appropriate.
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 request to a court to order an interim relief shall not be deemed to be a denial of the arbitration agreement or a waiver of the right to dispute resolution by arbitration. Interim relief shall comprises:
According to the website of the Vietnam International Arbitration Centre (VIAC) at the Vietnam Chamber of Comerce and Industry, since January 1st 2012, VIAC will apply a new schedule of arbitration costs. I. Basis to calculate arbitration fees
Arbitration
(S&B LAW/NEWS)
1. What is Commercial Arbitration? Commercial Arbitration is a method to resolve disputes arising from commercial activities agreed by the parties and conducted in accordance with the provisions of law. The dispute resolution can be conducted by the Arbitration Tribunal of an arbitration centre or established by the parties.
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