Rules of arbitration

Vietnamese and English are the official languages of the VIAC Rules 2017. In the event of any discrepancy or inconsistency between the Vietnamese and English versions of these Rules and any other languages in which these Rules are published, the Vietnamese and English versions shall prevail.

The 2018 Rules are available in the following languages. (Download PDF)

    RULES OF ARBITRATION OF THE VIETNAM INTERNATIONAL ARBITRATION CENTRE

    In force as from 1 March 2017

    Article 1.

    Scope of application

    1. The Rules of Arbitration of the Vietnam International Arbitration Centre shall apply to resolve disputes at the Vietnam International Arbitration Centre.

    2. These Rules shall apply to resolve the disputes of which the arbitral proceedings commence on or after 1 March 2017 unless the parties have agreed otherwise.

    Article 2.

    Interpretation

    In these Rules, the following terms shall be understood as follows:

    1. "Centre" means the Vietnam International Arbitration Centre, also called the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry."List of Arbitrators" means the list of arbitrators at the Centre.

    2. "Arbitral Tribunal" comprises three Arbitrators or a Sole Arbitrator.

    3. "Claimant" includes one or more claimants; "Respondent" includes one or more respondents.

    Article 3.

    Notice and document; calculation of periods of time

    1. Any notice or document submitted by any party to the Centre shall be in a sufficient number of copies for the Centre to forward one copy to each member of the Arbitral Tribunal, one copy to the other party, and to file one copy.

    2. Any notice and document shall be sent by the Centre to the parties at the addresses provided by the parties and can be sent by delivery against receipt, registered mail, facsimile, email or any other means of communication that provides a record of the sending thereof.

    3. Any notice or document sent by the Centre to the parties shall be deemed to have been received on the day it was received by the parties, or would have been received on the day of delivery if the notice or document has been sent in accordance with paragraph 2 of this Article.

    4. The periods of time specified in these Rules shall start to run on the day following the date the notice or document is deemed to have been received in accordance with paragraph 3 of this Article. If the day following such date is a non-business day under the regulations at the place of receipt, the period of time shall commence on the first following business day; and if the last day of the period of time is a non-business day under the regulations at the place of receipt, the period of time shall expire at the end of the first following business day. Non-business days occurring during the running of the period of time are included in calculating the period of time.

    Article 4.

    Participation in arbitral proceedings

    1. The parties may directly participate in or authorize in writing representatives to participate in the arbitral proceedings.

    2. The Arbitral Tribunal or the Centre, where the Arbitral Tribunal has not yet been constituted, shall have the power to request the parties to provide proof of the authority of any person participating in the arbitral proceedings.

    Article 5.

    Commencement of arbitral proceedings

    Unless otherwise agreed by the parties, the arbitral proceedings shall commence on the date on which the Centre receives the Request for Arbitration of the Claimant in accordance with paragraph 2 of Article 7 of these Rules.

    Article 6.

    Multiple contracts

    Claims arising out of or in connection with more than one contract may be made in a single Request for Arbitration to be resolved in a single arbitration, irrespective of whether such claims are made under one or more than one arbitration agreement.

    Article 7.

    Request for Arbitration

    1. A party wishing to commence an arbitration at the Centre shall submit its Request for Arbitration to the Centre.

    2. The Request for Arbitration shall contain the following information:

    a) Date, month, year on which the Request for Arbitration is made;

    b) Names and addresses of the parties;

    c) Summary of the content of the dispute;

    d) Grounds for the claims;

    dd) Monetary value of the dispute and other claims of the Claimant;

    e) The name of the person selected by the Claimant to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with paragraph 1 of Article 12 or Article 13 of these Rules;

    g) Signature of the legal representative or the authorized representative where the Claimant is an organization; signature of the individual or the authorized representative where the Claimant is an individual.       

    3. The Request for Arbitration shall be accompanied by the arbitration agreement and other relevant documents.

    4. The Request for Arbitration, the arbitration agreement and other relevant documents shall be submitted in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules.

    Article 8.

    Delivery of Notice and Request for Arbitration

    Unless the parties have agreed otherwise on the period of time, the Centre shall, within 10 days from the date of receipt of the Request for Arbitration, the arbitration agreement, other relevant documents and the arbitration costs as stipulated in Article 35 of these Rules, send the Respondent a Notice, the Request for Arbitration, the arbitration agreement and other relevant documents.

    Article 9.

    Statement of Defence

    1. Unless otherwise agreed by the parties on the period of time, the Respondent shall, within 30 days from the date of receipt of the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, submit to the Centre a Statement of Defence. The Statement of Defence shall contain the following information:

    a) Date, month, year on which the Statement of Defence is made;

    b) Name and address of the Respondent;

    c) Grounds for the defence;

    d) The name of the person selected by the Respondent to act as Arbitrator or a request to the Centre to appoint an Arbitrator in accordance with paragraph 2 of Article 12 or Article 13 of these Rules;

    dd) Signature of the legal representative or the authorized representative where the Respondent is an organization; signature of the individual or the authorized representative where the Respondent is an individual.

    Where the Respondent alleges that there is no arbitration agreement or that the arbitration agreement is invalid or incapable of being performed, the Respondent shall state such allegations in the Statement of Defence. If the Respondent fails to do so, it shall be deemed to lose its right to raise objection to above-mentioned matters. In such case, the Respondent shall still select an Arbitrator or request the Centre to appoint an Arbitrator.

    2. At the request of the Respondent, the Centre may extend the period of time for submission of the Statement of Defence. The request for extension must be in writing and delivered to the Centre prior to the expiry date of aforesaid period of 30 days or the extended period of time for submissions of the Statement of Defence.

    In such case, the Respondent shall still select an Arbitrator or request the Centre to appoint an Arbitrator within the aforesaid period of 30 days as prescribed in paragraph 1 of this Article.

    3. The Statement of Defence and the relevant documents shall be submitted in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules.

    4. If the Respondent fails to submit the Statement of Defence, the arbitral proceedings shall still proceed.

    Article 10.

    Counterclaim

    1. The Respondent shall have the right to file a counterclaim against the Claimant. The Counterclaim must be based on the arbitration agreement on which the Claimant has relied to make the Request for Arbitration against the Respondent. The Counterclaim shall be made in a separate document; and submitted to the Centre at the same time as and with the submission of the Statement of Defence.

    2. The Counterclaim shall contain the following information:

    a) Date, month, year on which the Counterclaim is made;

    b) Names and addresses of the parties;

    c) Summary of the content of the Counterclaim;

    d) Grounds for the counterclaims;

    dd) Monetary value of the Counterclaim and other claims of the Respondent;

    e) Signature of the legal representative or the authorized representative where the Respondent is an organization; signature of the individual or the authorized representative where the Respondent is an individual.

    3. The Counterclaim and the relevant documents shall be submitted in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules.

    4. Unless otherwise agreed by the parties on the period of time, the Centre shall, within 10 days from the date of receipt of the Counterclaim, the relevant documents and the costs of arbitration as stipulated in Article 35 of these Rules, send the Claimant a Notice, the Counterclaim and the relevant documents.

    5. Unless otherwise agreed by the parties on the period of time, the Claimant shall, within 30 days from the date of receipt of the Notice, the Counterclaim and the relevant documents, submit to the Centre a Statement of Defence against the Counterclaim in a sufficient number of copies in accordance with paragraph 1 of Article 3 of these Rules.

    6. The Counterclaim shall be concurrently resolved by the same Arbitral Tribunal that resolves the Request for Arbitration of the Claimant.

    Article 11.

    Number of Arbitrators

    1. The dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator.

    2. Unless the parties have agreed that the dispute shall be resolved by a Sole Arbitrator, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators.

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