To settle commercial disputes, the law has its provisions on forms of settlement; the form of commercial arbitration stands out because of its superiority. However, due to its private nature, the arbitral award is not of State power; which makes dispute resolution ineffective. Therefore, the Court’s support for commercial arbitration activities at this time is extremely necessary. To better understand the Court’s support for commercial arbitration, let’s learn together with Lawyer X through the following article:
Legal grounds
Law on Commercial Arbitration 2010
Resolution 01/2014/NQ-HDTP
Consulting content
Jurisdiction to settle disputes by arbitration
Competence to settle disputes of arbitration includes:
– Disputes between parties arising from commercial activities;
– Besides, disputes arising between the parties; in which at least one party has commercial activities;
– Disputes between parties whose law is resolved by arbitration.
Court’s support for commercial arbitration
Court’s assistance in appointing and changing Arbitrators
Within 30 days; from the date the respondent receives the plaintiff’s petition, the respondent must select an arbitrator and notify the plaintiff of the arbitrator he has chosen.
If the respondent fails to notify the plaintiff of the name of the arbitrator he has chosen and the parties do not otherwise agree on the appointment of an arbitrator; the plaintiff has the right to request a competent court to appoint an arbitrator for the respondent;
Besides, if the dispute has more than one defendant; If the defendants cannot choose an Arbitrator, one or both parties may request a competent Court to appoint an Arbitrator for the defendants;
If the Arbitrators fail to elect another Arbitrator to act as the Chairman of the Arbitration Council, or the parties fail to select a sole arbitrator, the court of the place where the respondent resides or is headquartered at the request of one of the parties shall have the right to decide to appoint an arbitrator; appoint the Chairman of the Arbitration Council.
In addition, for the case where it is necessary to change the arbitrator according to the provisions of the law, the court (where the arbitration council settles the dispute) only supports the change of the arbitrator in the case of ad hoc arbitration. settlement in case the remaining members of the Arbitral Tribunal cannot decide or if the Arbitrators or the sole Arbitrator refuse to settle the dispute.
Courts assist in the application, change, and cancellation of the provisional emergency measure
During the arbitration council’s settlement of the dispute; if they find that their legitimate rights and interests are infringed upon; or there is direct danger of being infringed, the parties have the right to make an application to the Court to request the application of one or several appropriate interim urgent measures to protect the disputed property. Clause 1, Article 48 of LTTTM provides:
“Disputing parties have the right to request the arbitration counsel or the court to apply provisional urgent measures by this Law and relevant laws unless otherwise agreed by the parties”.
Requesting the Court to apply provisional urgent measures shall not be considered a rejection of the arbitration agreement; or waive the right to resolve the dispute by arbitration.
Courts assist in summoning witnesses and collecting evidence
According to Clause 46 of the Law on Commercial Arbitration 2010:
The Commercial Arbitration Law 2010 stipulates that the Arbitral Tribunal may request the Court to assist in the collection of evidence; This is a regulation to increase the effectiveness of the Arbitrator in resolving disputes because the Arbitrator cannot apply coercive measures in case someone refuses to provide evidence.
In the case of the Arbitral Tribunal; one or the parties have applied necessary measures to collect evidence but still cannot collect them by themselves, they may send a written request to the competent court to request the agency; or organization; personally provide readable material; listen; visible or other artifacts relevant to the dispute.
Regulations on annulment of arbitral awards
To minimize errors in the dispute settlement process at arbitration and protect the rights; legitimate interests of the involved parties; Clause 1, Article 44 of the 2010 Law on Commercial Arbitration stipulates:
“Within 5 working days from the date of receipt of the arbitral tribunal’s decision, the parties have the right to apply to the competent court to review the arbitral tribunal’s decision. The complaining party must simultaneously notify the complaint to the arbitral tribunal. While the Court resolves the complaint, the Arbitral Tribunal may continue to resolve the dispute.”
When receiving a request for annulment of the arbitral award from a party, the Court shall not re-trial but only compare the grounds for the annulled arbitral award; if it falls into one of the cases specified in Clause 2, Article 68 of the Law on Commercial Arbitration 2010.
So, the provision of grounds that the party requesting the Court to cancel the arbitral award must prove helps the parties to be responsible for their claims.
Problem-solving
The above is an analysis of current Vietnamese law provisions showing the Court’s support. Because commercial arbitration is a special activity, the support of the court is necessary.
Maybe you are interested
Priority points of commercial dispute resolution in Vietnam
Principles of settling commercial disputes by conciliation according to Vietnamese law
Frequently asked questions
The arbitral award is highly dependent on the voluntariness of the disputing parties.
The cost of dispute settlement by Arbitration is quite high; depending on the value of the dispute.
The arbitration agreement is a mandatory condition for the dispute to fall under the jurisdiction of the Arbitrator.
Commercial disputes are quite common disputes in the field of commerce. It can be understood that: Commercial disputes are conflicts (disagreements; conflicts) over rights and obligations between parties in the process of performing commercial activities.
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