Features of commercial arbitration

Arbitration Litigation
An Adjudicative method performed by a neutral
Nature
third party
Principles to
Apply facts and law
reach an award
Binding on disputants
Awards Can be
Final (Chung thẩm)
appealed
Based on the
Jurisdiction Agreements between disputants
law
Can choose rules, language, time Comply with
Procedures
and place to settle disputes Vietnamese law

Principles of
Confidential Public
adjudication
What are the differences between Ad-hoc
and committee arbitration?
Ad-hoc arbitration Arbitration committees

Non-governmental
Established for a specific
organisations permitted to
case
establish by authorities

Does not have a permanent Has a permanent transational

transactional office and office and simple
organisational structure organisational structure

No rules Has their own rules

Free to choose arbitrators Must choose arbitrators from

the list
Exercise: Are the following ad-hoc or
committee arbitration?

An arbitrator of VIAC
ACIAC chosen to
chosen to settle disputes
settle disputes relating
between Samsung and
to “Cháo cây thị”
Microsoft
Why should you choose/not choose
commercial arbitration?
Advantages Disadvantages
Flexible proceedings No enforcement body
Confidential process
Very high fee
Can choose any arbitration
around the world
Can choose the best arbitrators

Discover evidence

Awards are final

Maintain business relationship

between parties
Can arbitral awards be modified or
amended? (Article 63, the law on commercial arbitration 2010)

Arbitral awards can be modified or amended in the following cases:

1. Having spelling mistakes

2. Having incorrectly calculated data
Can arbitral awards be cancelled by the
court? (Article 68, the law on commercial arbitration 2010)
Arbitral awards can be cancelled by the court based upon a
request of one party in the following cases:

Composition of the The dispute does not

No arbitration
arbitration tribunal or fall in jurisdiction of
agreement
the procedure is the arbitration
Or tribunal
incompliant with the
An invalid arbitration parties’ agreement or => Civil dispute btw
agreement the law 2 individuals

The awards are

Evidence which the
Arbitrators are not contrary to the
tribunal considers to
objective and fundamental
reach the award is
impartial principles of
counterfeit
Vietnamese law