Dispute resolution is always a matter of concern in Vietnam when it comes to the regulations and the effective enforcements of government authority.
In order to clarify matters in regard to dispute resolution process in Vietnam, on Mar 20th, 2014, the Council of Judges of the Supreme People’s Court issued Resolution 01/2014/NQ-HDTP on guidelines for the Law on Commercial Arbitration in Vietnam.
Accordingly, the courts in Vietnam are permitted to deal with disputes which are agreed to be settled by arbitrators in the following cases:
i) There is a Decision of the court on cancelling Arbitration’s Judgement, Council of Arbtration’s Decision on recognition agreement of parties.
2) The parties have agreed to settle their disputes at a specific arbitration center but it has stopped operating;
3) The arbitrators selected by the parties can not participate in solving disputes due to force majeure events;
4) The appointed arbitrator refuses to settle the dispute without an agreement on a replacement;
5) The proceedings rules selected by the parties are different from different from those of the selected arbitration center, and this center does not adopt rules of the other centers.
6) Consumers object to the arbitrator selection according to Articles 17 of the Law on Commercial Arbitration
In the first four cases, the parties must not reach an alternative agreement on replacement.
This resolution takes effect from July 2nd, 2014.
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