Please let me know how the current law stipulates the cancellation of arbitral awards?
According to the Chapter XI of Law on Commercial Arbitration 2010, the cancellation of arbitral awards is stipulated as follows:
a. Grounds for cancellation of arbitral awards:
According to the Article 68 of Law on Commercial Arbitration 2010, the Court shall consider the cancellation of an arbitral award at the request of one of the parties. An arbitral award shall be cancelled in any of the following cases:
– There is no arbitration agreement or the arbitration agreement is invalid;
– The arbitration council’s composition or procedures of arbitral proceedings is/arc incompliant with the parties’ agreement or this Law:
– The dispute falls beyond the arbitration council’s jurisdiction: when an arbitral award contains the details falling beyond the arbitration council’s jurisdiction, such details shall be cancelled:
– The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award;
– The award contravenes the fundamental principles of Vietnamese law.
b. Request of cancellation of arbitral awards
Within 30 days after receiving an arbitral award, if a party has sufficient grounds for evidencing that the arbitration council has issued the award falling into any of the cases to cancel the arbitration award. It may file a request with the competent court for cancellation of such award. Such request must be enclosed with documents and evidence proving that such request is grounded and lawful. When a request is lodged beyond the set time limit due to force majeure circumstances, the period in which such circumstances exist will not be included in the time limit for requesting cancellation of an arbitral award.
c. Documents for requesting to cancel the arbitration awards
The party who requests cancellation of arbitral awards must file a request to cancel the arbitral award sent to the competent court for resolution. The content of request written must contain: Date of making; Name and address of the requester: Request and grounds for cancellation of the award. A written request must be enclosed with the following papers:
– Original or certified copy of the arbitral award;
– Original or certified copy of the arbitration agreement.
In case enclosed papers in a foreign language shall be translated into Vietnamese and such translations shall be legally certified.
d. Scope of consideration to cancel arbitral awards of the Court
The court president shall designate an examination council, this council shall consider that the arbitration awards belong to the cases at Clause 2 Article 68 of Law on Commercial Arbitration or not, not review the contents of dispute. If deeming that the arbitration award falls into one of the cases prescribed in Clause 2, Article 68 of the Law on Commercial Arbitration and the Arbitration Council does not remedy or cannot overcome it at the request of the Court, the Panel shall consider the application based on Clause 2, Article 68 of the Law on Commercial Arbitration to issue a decision to cancel the arbitration award.
If the council find that the arbitral award is not belong to the cases at Clause 2 Article 68 of Law on Commercial Arbitration, the council shall not cancel the arbitral award.
e. Process of written requests for cancellation of arbitral awards
– To accept a written request for cancellation of an arbitral award, the competent court shall immediately notify such to the arbitration center or arbitrators of the ad hoc arbitration council, the disputing parties and the procuracy of the same level.
– Within 7 working days after accepting a written request, the court president shall designate an examination council which is composed of three judges.
– Within 30 days after being designated, the examination council shall hold a meeting to examine the written request for cancellation of an arbitral award. The court shall, within 7 working days before opening the meeting, transfer the dossier to the procuracy of the same level for study before attending this meeting. Upon the expiration of this lime limit, the procuracy shall return the dossier to the court for opening a meeting to examine the written request.
– A meeting shall be conducted in the presence of the disputing parties and their lawyers, if any. and a procurator of the procuracy of the same level. If one of the parties is absent or has been properly summoned but is absent without a plausible reason or leaves the meeting without the council’s consent, the council shall still examine the written request.
– The examination council may decide to cancel or not to cancel an arbitral award. When the requester withdraws the request or has been properly summoned but is absent without a plausible reason or leaves the meeting without the council’s consent, the council shall decide to terminate the examination of such request.
– Within 5 working days after issuing a decision, the court shall send it to the parties, the arbitration center or ad hoc arbitrator and the procuracy of the same level./.