{"id":3621,"date":"2021-01-05T01:33:03","date_gmt":"2021-01-05T01:33:03","guid":{"rendered":"https:\/\/lenguyenlawfirm.com\/?p=3621"},"modified":"2021-01-05T01:33:03","modified_gmt":"2021-01-05T01:33:03","slug":"procedures-to-settle-the-disputes-by-commercial-arbitration","status":"publish","type":"post","link":"https:\/\/lenguyenlawfirm.com\/en\/procedures-to-settle-the-disputes-by-commercial-arbitration\/","title":{"rendered":"Procedures to settle the disputes by Commercial Arbitration"},"content":{"rendered":"

According to Article 33 of Law on Commercial Arbitration 2010, unless otherwise provided by discrete laws, the statute of limitations according to arbitral procedures is 2 years from the time of infringement of lawful rights and interests<\/p>\n

a.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to the charge of commercial arbitration<\/i><\/strong><\/p>\n

Unlike the advance of court fee payment to the judgment enforcement agency after filing a petition with the Court, arbitration charge is a revenue from the provision of services for dispute settlement by arbitration. The arbitration charge shall be set by the arbitration center. When a dispute is settled by ad hoc arbitration, the arbitration charge shall be set by the arbitration council. The losing party shall bear the arbitration charge, unless otherwise agreed by the parties or provided by the rules of arbitral proceedings or allocated by the arbitration council. The arbitration charge covers:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Remuneration and travel and other expenses for arbitrators;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Charge for expert consultation and other assistance at the request of the arbitration Council;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Administrative charge;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Charge for designation of the arbitration centers ad hoc arbitrators at the request of the disputing parties;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Charge for use of other services provided by the arbitration center.<\/p>\n

b.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to the documents<\/i><\/strong><\/p>\n

When a dispute is settled at an arbitration center, the plaintiff shall file a petition with the arbitration center. When a dispute is settled by ad hoc arbitration, the plaintiff shall make a petition and send it to the defendant. A petition contains:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Date of its making;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Names and addresses of the parties; names and addresses of witnesses, if any;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Summary of the circumstances of the dispute;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Grounds and evidence for initiating the lawsuit, if any;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Specific requirements of the plaintiff and the value of the dispute;<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Name and address of the person whom the plaintiff selects as arbitrator or requests to be designated as arbitrator.<\/p>\n

Enclosed with the petition shall be the arbitration agreement and the originals or copies of relevant documents, such as: The notarized copy of Enterprise Registration Certificate; power of attorney for an individual to sign contracts (if any); Purchase and sale contracts of goods and appendices (if any); delivery record; minutes of acceptance of goods quality; bill of sale; shipping bill of lading; documents of ex-warehousing and warehousing; debt comparison minutes …<\/p>\n

\"\"<\/p>\n

 <\/p>\n

c.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to notification of petitions and the sending of self-defense statement<\/i><\/strong><\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to notification of petitions: Unless otherwise agreed by the parties or provided by the rules of proceedings of an arbitration center, within 10 days after receiving the plaintiff’s petition, enclosed documents and arbitration charge receipt, the arbitration center shall send to the defendant such copies of the petition and documents.<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to the sending of self-defense statement:<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For a dispute to be settled at an arbitration center, unless otherwise agreed by the parties or provided by the arbitration center’s rules of proceedings, within 30 days after receiving a petition and enclosed documents, the defendant shall send to the arbitration center a self-defense statement. At the request of one party or all parties, this time limit may be extended by the arbitration center based on the particular circumstances of the case.<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For a dispute to be settled by ad hoc arbitration, unless otherwise agreed by the parties, within 30 days after receiving the plaintiff’s petition and enclosed documents, the defendant shall send to the plaintiff and arbitrator the self-defense statement and name and address of the person whom the defendant selects as arbitrator.<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 When the defendant assumes that the dispute falls beyond the jurisdiction of arbitration, or there is no arbitration agreement, or the arbitration agreement is invalid or unrealizable, the defendant shall clearly indicate such in the self-defense statement.<\/p>\n

–\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the defendant fails to submit the self-defense statement, the dispute settlement will still proceed.<\/p>\n

d.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Defendants’ counter-claims<\/i><\/strong><\/p>\n

The defendant may counter-claim the plaintiff on matters related to their dispute. The defendant’s counter-claim shall be sent to the arbitration center. When a dispute is settled by ad hoc arbitration, such counter-claim shall be sent to the arbitration council and plaintiff. The counter-claim shall be submitted simultaneously with a self-defense statement. Within 30 days after receiving a counter claim, the plaintiff shall send the self-defense statement to the arbitration center. When a dispute is settled by ad hoc arbitration, the plaintiff shall send the self-defense statement to the arbitration council and defendant.<\/p>\n

The arbitration council that settles the plaintiff’s petition shall settle a counter-claim according to the order and procedures for settling plaintiffs’ petitions.\/.<\/p>\n","protected":false},"excerpt":{"rendered":"

According to Article 33 of Law on Commercial Arbitration 2010, unless otherwise provided by discrete laws, the statute of limitations according to arbitral procedures is 2 years from the time of infringement of lawful rights and interests a.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regarding to the charge of commercial arbitration Unlike the advance of court fee payment to the judgment […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52],"tags":[],"class_list":["post-3621","post","type-post","status-publish","format-standard","hentry","category-legal-guidelines"],"acf":[],"_links":{"self":[{"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/posts\/3621\/"}],"collection":[{"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/posts\/"}],"about":[{"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/types\/post\/"}],"author":[{"embeddable":true,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/users\/1\/"}],"replies":[{"embeddable":true,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/comments\/?post=3621"}],"version-history":[{"count":1,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/posts\/3621\/revisions\/"}],"predecessor-version":[{"id":3625,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/posts\/3621\/revisions\/3625\/"}],"wp:attachment":[{"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/media\/?parent=3621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/categories\/?post=3621"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lenguyenlawfirm.com\/en\/wp-json\/wp\/v2\/tags\/?post=3621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}