Article 1
The present Rules of Arbitration are formulated in accordance
with Article II of the Statutes of the Vietnam International
Arbitration Centre issued in conjunction with Decision No.204/TTg
dated April 28, 1993 of the Prime Minister of the Government of the
Socialist Republic of Vietnam.
Jurisdiction
Article 2
The Vietnam International Arbitration Centre (hereinafter
referred to as the Centre) shall be responsible for the hearing of
the disputes arising from international economic relations, such as
foreign trade contracts and those concerning investment, tourism,
international transport and insurance, transfer of technology,
services, international credits and payments, etc.
Article 3
The Centre shall have power of jurisdiction over any
dispute:
1. Where one of the parties to the dispute is a foreign
physical or juridical person or all the parties are foreign
physical or juridical persons, as the case may be; and
2. Where, prior to or after the occurrence of the dispute, the
parties agree to refer it to the Centre or where, by virtue of an
international treaty, they are bound to do so.
Request for arbitration
Article 4
The arbitration proceedings shall be instituted with a Request
for arbitration submitted by the plaintiff to the Centre.
The date of submission of the Request for arbitration shall be
the date of handing it to the Registrar of the Centre or if the
Request for arbitration is sent by post, the date of dispatch
stamped on the envelope by the local post office.
Article 5
The Request for arbitration shall contain the following
particulars:
a. The names and addresses of the plaintiff and the defendant
respectively;
b. The specific request(s) of the plaintiff, with a statement
of relevant facts supported by evidence;
c. The legal ground(s) on which the plaintiff proceeds with
his Request for arbitration;
d. The amount of the claim;
e. The name of the arbitrator whom the plaintiff has chosen
from among the listed arbitrators of the Centre or the request made
by the plaintiff that an arbitrator be appointed by the President
of the Centre on his behalf.
The request for arbitration must be written in the Vietnamese
language or in a foreign language widely used in international
transactions (English, French, Russian).
Article 6
The Request for arbitration and accompanying documents shall
be submitted, each in one original, with a sufficient number of
copies to be sent to the arbitrators hearing the case and the
defendant.
Article 7
On filing the Request for arbitration, the plaintiff shall
make an advance of the total amount of the arbitration fees payable
under the relevant "Schedule of Arbitration Fees and Costs of the
Vietnam International Arbitration Centre and expenses of the
parties" annexed to the present Rules.
The above advance payment shall be credited to the account of
the Chamber of Commerce and Industry of Vietnam at the Bank for
Foreign Trade of Vietnam.
The document evidencing the remittance of the advance shall be
filed together with the Request for arbitration.
Should the plaintiff fail to make the whole advance payment,
the case shall not be yet accepted for hearing.
Choice and appointment of arbitrators
Article 8
After receipt of the Request for arbitration, the Registrar of
the Centre shall notify the defendant thereof and send to the
latter a copy of such Request and those of the accompanying
documents together with the List of arbitrators.
The Registrar of the Centre shall, at the same time, request
the defendant to submit to the Centre his statement of defence,
supported by pieces of evidence, within thirty days from the date
of receipt of the copy of the Request for arbitration. At the
request of the defendant, this time-limit may be extended but shall
not, however, exceed two months.
The defendant shall, within the said time-limit, proceed with
the choice of his arbitrator and notify the Centre thereof or,
alternatively, request the President of the Centre to appoint an
arbitrator on his behalf. Should the defendant fail to make such
choice or request, the President of the Centre shall then appoint
the arbitrator for him.
Article 9
The arbitrators either chosen by the parties or appointed in
accordance with Article 5 and Article 8 above shall jointly elect a
third arbitrator from among the listed arbitrators of the Centre to
act as Chairman of the arbitral tribunal responsible for the
settlement of the dispute.
Should again the arbitrators fail in the choice of the third
arbitrator to constitute the arbitral tribunal the President of the
Centre shall, within fifteen days from the date on which the second
arbitrator is chosen, appoint the Chairman of the arbitral
tribunal.
Where two or more plaintiffs or defendants are involved, the
same plaintiffs or defendants shall have to agree on the choice of
a single arbitrator, failing which the President of the Centre
shall appoint an arbitrator for them.
Article 10
In the event the parties to the dispute appoint a single
arbitrator or, by mutual consent, request the President of the
Centre to appoint such an arbitrator on their behalf or otherwise
fail to reach an agreement so that the President of the Centre has,
instead, to appoint the arbitrator for them, the case shall then be
heard by a sole arbitrator. In this case, the sole arbitrator shall
act as the arbitral tribunal.
Article 11
Either of the parties shall have the right to challenge an
arbitrator or the Chairman of the arbitral tribunal or the sole
arbitrator, as the case may be, if the challenging party has doubt
about his impartiality, particularly if the latter contends that he
is directly or indirectly related to the dispute. Likewise, an
arbitrator or the Chairman of the arbitral tribunal or the sole
arbitrator shall have the right of self-recusation. The challenge
must be sent to the arbitral tribunal for examination. Each party
shall be able to challenge only the arbitrator appointed by it, on
the grounds which become known after making the appointment.
Any challenge shall be subject to examination and decision by
the other members of the arbitral tribunal. Should the latter fail
to reach a mutual agreement or should the two arbitrators or the
sole arbitrator be challenged, as the case may be, the matter shall
ultimately be examined and decided by the President of the
Centre.
If the challenge is sustained, the new arbitrators or a new
Chairman of the arbitral tribunal or a new sole arbitrator shall be
chosen or appointed in accordance with the present Rules.
Article 12
If, during the proceedings, the Chairman of the arbitral
tribunal or the sole arbitrator or an arbitrator is no longer in a
position to take part in the hearing of the case, a new Chairman of
the arbitral tribunal or a new sole arbitrator or a new arbitrator
shall be chosen or appointed in accordance with the present
Rules.
Where necessary, the arbitral tribunal may, after consultation
with the parties, proceed with the re-examination of any matter put
forward in previous sittings.
Counter claim
Article 13
Before the sitting of the arbitral tribunal, the defendant may
lodge a counter claim. The counter claim shall have to be made in
accordance with the formalities laid down in Article 5, Article 6,
and Article 7 of the present Rules.
Within thirty days of receipt of the notification of the
counter claim, the plaintiff shall have to submit a statement in
reply to the arbitral tribunal which hears the original Request for
arbitration.
The counter claim shall be heard together with the original
Request for arbitration.
Pre-hearing inquiry
Article 14
After being duly chosen or appointed, the arbitrators shall
proceed with a study of the file of the dispute and conduct an
inquiry by all appropriate means.
The arbitrators shall have the right to personally meet the
parties for their verbal statements whether at the request of
either or both of them or on their own initiative. Moreover, the
arbitrators may decide to acquaint themselves with the matters from
other persons either in the presence of the parties or after
notifying the latter thereof.
The arbitrators may seek the help of one or more experts,
assign them specific duties, receive their written reports and/or
personally listen to their verbal statements.
Article 15
The arbitral tribunal shall supervise the preparations for the
hearing of the dispute and, where necessary, take such measures as
requesting the parties to provide written explanations, pieces of
evidence and related documents.
Where the additional measures are taken to complete the
preparations, the arbitral tribunal shall fix a time-period for
their execution.
The Chairman of the arbitral tribunal may assign to the
Registrar of the Centre certain duties in connection with the
preparations for the hearing, the summoning of the parties to the
hearing, etc.
Hearing procedure
Article 16
The date of hearing shall be decided by the Chairman of the
arbitral tribunal.
Article 17
The parties to the dispute shall be called to the hearing by
summons, with clear indications as to the time and place of
hearing. The summons shall be served thirty days prior to the date
of hearing. Subject to agreement between the parties, this
time-limit may be reduced or reasonably extended by decision of the
Chairman of the arbitral tribunal.
Article 18
The hearing shall take place in Hanoi.
At the request of the parties or where it is deemed necessary,
the Chairman of the arbitral tribunal may decide another location
on the territory of Vietnam for the hearing.
Article 19
The parties may attend the hearing either personally or
through their authorized representatives with power of attorney
issued in due form. Such representatives may be Vietnamese citizens
or foreigners.
The parties may have solicitors to defend their respective
interests.
Article 20
In the absence of one or all the parties without legitimate
reason, the arbitral tribunal or the sole arbitrator, as the case
may be, may proceed with the hearing on the basis of available
documents and pieces of evidence.
Article 21
If the parties so request or accept, the arbitral tribunal or
the sole arbitrator may, on the basis of the file of the dispute,
make a decision in their absence.
Article 22
The arbitral tribunal shall conduct the hearing in the
Vietnamese language.
The parties may request the Centre to provide interpreters at
their own expenses.
Article 23
The arbitral tribunal or the sole arbitrator, as the case may
be, shall settle the dispute on the strength of the terms and
conditions of the original contract, if the dispute arises from
relations thereunder, in accordance with the law applicable to it
and with any related international treaty, taking into account the
trade usages and international practice.
In the hearing process, the arbitrators shall judge the matter
in their own interpretation, objectively and honestly.
Article 24
All disputes shall be heard in private. With the consent of
the parties, the arbitral tribunal may allow persons not involved
in a dispute to attend the hearing.
Article 25
Any decision of the arbitral tribunal shall be taken by a
majority vote. The minority opinion shall however be duly recorded.
When there is no majority, the Chairman of the arbitral tribunal
shall issue the decision as the sole arbitrator.
Article 26
The record of the proceedings shall be made by the secretary
appointed to the hearing and shall bear the signature of the
Chairman of the arbitral tribunal or the sole arbitrator, as the
case may be.
The record shall contain the following particulars:
- The number of the file of the dispute;
- The place and date of hearing;
- The names of the parties to the dispute and their
representatives;
- The names of the arbitrators, the secretary, the experts,
the witnesses, if any, and the other persons attending the
hearing;
- A summary of the proceedings; and
- The requests made by the parties and a summary of their
statements.
The parties have the right to acquaint themselves with the
contents of the record. Any amendment or addition to the record as
may be requested by one or all the parties shall be subject to
decision of the arbitral tribunal.
Conclusion of the proceedings
Article 27
The arbitration proceedings shall end with an award or
decision made by the arbitral tribunal.
Article 28
The award shall contain the following particulars:
- The name of Vietnam International Arbitration Centre;
- The place and date of issuance of the award;
- The names of the arbitrators or the name of the sole
arbitrator, as the case may be;
- The object of the dispute and a summary of how the matter
evolves;
- The decision made on the dispute and on the arbitration fees
and other costs involved;
- The ground on which the decision is made; and
- The signatures of the arbitrators or the signature of the
sole arbitrator, as the case may be, and that of the secretary
appointed to the hearing of the dispute.
Should any of the arbitrators fail to sign his name on the
award, the Chairman of the arbitral tribunal shall confirm the
case, with his own signature and a mention as to the cause of his
action.
Article 29
The award of the arbitral tribunal shall be announced
immediately after its last sitting, or may be announced
later.
The full text of the award shall be communicated to the
parties at least within 30 days from the date of the last sitting
of the arbitral tribunal.
In special cases, the arbitral tribunal may decide to
communicate the award later than the thirty-day period.
Article 30
The arbitral tribunal may make an additional decision if it is
found that certain points in the original award are yet to be
further clarified and fully settled.
Likewise, the arbitral tribunal may, at the request of the
parties or on its own initiative, make a decision for the
correction of some misprint or error of calculation or in the use
of technical terminology without affecting the substance of the
award or the nature of the dispute.
The decision for any such correction or amendment shall form
part of the original award without involving payment of any fee by
the parties.
Article 31
Any award made by the arbitral tribunal shall be final and,
therefore, cannot be appealed before any other law court or
organization. The parties involved shall carry out the award within
the specified period.
If the award is not voluntarily executed within the specified
period, effective measures of enforcement shall be applied, in
accordance with the law of the country where enforcement of the
award is sought and with international treaties applicable to the
case.
Article 32
The arbitral tribunal may issue a decision to end the
arbitration proceedings. Any such decision shall be applicable to
the following cases:
- Where the plaintiff withdraws his Request for
arbitration;
- Where the parties reach a direct agreement, without
involving a hearing by the arbitral tribunal;
- Where the necessary conditions for consideration and
decision on the case are absent, including the inactivity of the
plaintiff within the first six months.
Arbitration fees and other costs
Article 33
The calculation and distribution of arbitration fees and costs
as well as the refund of such fees and costs shall be made in
accordance with the attached "Schedule of Arbitration Fees and
Costs of the Vietnam International Arbitration Centre and expenses
of the parties".
Article 34
The arbitration fees and other costs shall be paid immediately
after the receipt of the arbitration award by the parties.
Direct conciliation between the parties
Article 35
If, in the course of proceedings at the Centre, the parties
reach a direct mutual conciliation, the arbitral tribunal shall
cease the proceedings thereafter. The parties may, however, request
the President of the Centre to confirm such a conciliation in
writing. Any such confirmation shall be valid as an arbitral
decision.
The President of the Centre shall fix the arbitration fees and
costs to be borne by the parties respectively.
Final provisions
Article 36
Documents sent out by the Centre shall be addressed to the
interested parties by way of registered mail or by any other safe
means.
The hearing time-table may be communicated by way of
telegraph, telex, fax..., with followed letters of
confirmation.
Any such documents may be directly delivered to the parties
with due acknowledgment.
Any documents sent out by the Centre shall be considered as
delivered even in cases of refusal by the addressee or the latter's
failure to come to the local post-office to receive them.
Article 37
The arbitrators and other personnel of the Centre shall be
responsible for the secrecy and confidentiality of the matters
involved in a dispute.
Article 38
The files of the dispute and the arbitral awards or decisions
shall be deposited with the Registrar of the Centre.
The Registrar may send certified copies of arbitral awards or
decisions to the parties concerned, at the latter's request.