Arbitration rules

　　of the vietnam international arbitration centre

　　at the chamber of commerce and industry of Vietnam

　　Adopted to take effect on August 20, 1993

　　Contents

　　Article 1

　　Jurisdiction

　　Article 2

　　Article 3

　　Request for arbitration

　　Article 4

　　Article 5

　　Article 6

　　Article 7

　　Choice and appointment of arbitrators

　　Article 8

　　Article 9

　　Article 10

　　Article 11

　　Article 12

　　Counter claim

　　Article 13

　　Pre-hearing inquiry

　　Article 14

　　Article 15

　　Hearing procedure

　　Article 16

　　Article 17

　　Article 18

　　Article 19

　　Article 20

　　Article 21

　　Article 22

　　Article 23

　　Article 24

　　Article 25

　　Article 26

　　Conclusion of the proceedings

　　Article 27

　　Article 28

　　Article 29

　　Article 30

　　Article 31

　　Article 32

　　Arbitration fees and other costs

　　Article 33

　　Article 34

　　Direct conciliation between the parties

　　Article 35

　　Final provision

　　Article 36

　　Article 37

　　Article 38

　　Article 1:

　　The present Rules of Arbitration are formulated in accordance with Article II of the Statutes of the Vietnam International Arbitration Centre issued in conjunction with Decision No204/TTg dated April 28, 1993 of the Prime Minister of the Government of the Socialist Republic of Vietnam.

　　Jurisdiction

　　Article 2:

　　The Vietnam International Arbitration Centre (hereinafter referred to as the Centre) shall be responsible for the hearing of the disputes arising from international economic relations, such as foreign trade contracts and those concerning investment, tourism, international transport and insurance, transfer of technology, services, international credits and payments, etc.

　　Article 3:

　　The Centre shall have power of jurisdiction over any dispute:

　　1. Where one of the parties to the dispute is a foreign physical or juridical person or all the parties are foreign physical or juridical persons, as the case may be.

　　2. Where, prior to or after the occurrence of the dispute, the parties agree to refer it to the Centre or where, by virtue of an international treaty, they are bound to do so.

　　Request for arbitration

　　Article 4:

　　The arbitration proceedings shall be instituted with a Request for arbitration submitted by the plaintiff to the Centre.

　　The date of submission of the Request for arbitration shall be the date of handing it to the Registrar of the Centre or if the Request for arbitration is sent by post, the date of dispatch stamped on the envelope by the local post office.

　　Article 5:

　　The Request for arbitration shall contain the following particulars:

　　a- The names and addresses of the plaintiff and the defendant respectively;

　　b- The specific request(s) of the plaintiff, with a statement of relevant facts supported by evidence;

　　c- The legal ground(s) on which the plaintiff proceeds with his Request for arbitration;

　　d- The amount of the claim;

　　e- The name of the arbitrator whom the plaintiff has chosen from among the listed arbitrators of the Centre or the request made by the plaintiff that an arbitrator be appointed by the President of the Centre on his behalf.

　　The Request for arbitration must be written in the Vietnamese language or in a foreign language widely used in international transactions (English, French, Russian).

　　Article 6:

　　The Request for arbitration and accompanying documents shall be submitted, each in one original, with a sufficient number of copies to be sent to the arbitrators hearing the case and the defendant.

　　Article 7:

　　On filing the Request for arbitration, the plaintiff shall make an advance of the total amount of the arbitration fees payable under the relevant "Schedule of Arbitration Fees and Costs of the Vietnam International Arbitration Centre and expenses of the parties" annexed to the present Rules.

　　The above advance payment shall be credited to the account of the Chamber of Commerce and Industry of Vietnam at the Bank for Foreign Trade of Vietnam.

　　The document evidencing the remittance of the advance shall be filed together with the Request for arbitration.

　　Should the plaintiff fail to make the whole advance payment, the case shall not be yet accepted for hearing.

　　Choice and appointment of arbitrators

　　Article 8:

　　After receipt of the Request for arbitration, the Registrar of the Centre shall notify the defendant thereof and send to the latter a copy of such Request and those of the accompanying documents together with the List of arbitrators.[page]

　　The Registrar of the Centre shall, at the same time, request the defendant to submit to the Centre his statement of defence, supported by pieces of evidence, within thirty days from the date of receipt of the copy of the Request for arbitration. At the request of the defendant, this time-limit may be extended but shall not, however, exceed two months.

　　The defendant shall, within the said time-limit, proceed with the choice of his arbitrator and notify the Centre thereof or, alternatively, request the President of the Centre to appoint an arbitrator on his behalf. Should the defendant fail to make such choice or request, the President of the Centre shall then appoint the arbitrator for him.

　　Article 9:

　　The arbitrators either chosen by the parties or appointed in accordance with Article 5 and Article 8 above shall jointly elect a third arbitrator from among the listed arbitrators of the Centre to act as Chairman of the arbitral tribunal responsible for the settlement of the dispute.

　　Should again the arbitrators fail in the choice of the third arbitrator to constitute the arbitral tribunal the President of the Centre shall, within fifteen days from the date on which the second arbitrator is chosen, appoint the Chairman of the arbitral tribunal.

　　Where two or more plaintiffs or defendants are involved, the same plaintiffs or defendants shall have to agree on the choice of a single arbitrator, failing which the President of the Centre shall appoint an arbitrator for them.

　　Article 10:

　　In the event the parties to the dispute appoint a single arbitrator or, by mutual consent, request the President of the Centre to appoint such an arbitrator on their behalf or otherwise fail to reach an agreement so that the President of the Centre has, instead, to appoint the arbitrator for them, the case shall then be heard by a sole arbitrator. In this case, the sole arbitrator shall act as the arbitral tribunal.

　　Article 11:

　　Either of the parties shall have the right to challenge an arbitrator or the Chairman of the arbitral tribunal or the sole arbitrator, as the case may be, if the challenging party has doubt about his impartiality, particularly if the latter contends that he is directly or indirectly related to the dispute. Likewise, an arbitrator or the Chairman of the arbitral tribunal, or the sole arbitrator shall have the right of self-recusation. The challenge must be sent to the arbitral tribunal for examination. Each party shall be able to challenge only the arbitrator appointed by it, on the grounds which become known after making the appointment.

　　Any challenge shall be subject to examination and decision by the other members of the arbitral tribunal. Should the latter fail to reach a mutual agreement or should the two arbitrators or the sole arbitrator be challenged, as the case may be, the matter shall ultimately be examined and decided by the President of the Centre. If the challenge is sustained, the new arbitrators or a new Chairman of the arbitral tribunal or a new sole arbitrator shall be chosen or appointed in accordance with the present Rules.

　　Article 12:

　　If , during the proceedings, the Chairman of the arbitral tribunal or the sole arbitrator or an arbitrator is no longer in a position to take part in the hearing of the case, a new Chairman of the arbitral tribunal or a new sole arbitrator or a new arbitrator shall be chosen or appointed in accordance with the present Rules.

　　Where necessary, the arbitral tribunal may, after consultation with the parties, proceed with the re-examination of any matter put forward in previous sittings.

　　Counter claim

　　Article 13:

　　Before the sitting of the arbitral tribunal, the defendant may lodge a counter claim. The counter claim shall have to be made in accordance with the formalities laid down in Article 5, Article 6, and Article 7 of the present Rules.

　　Within thirty days of receipt of the notification of the counter claim, the plaintiff shall have to submit a statement in reply to the arbitral tribunal which hears the original Request for arbitration.

　　The counter claim shall be heard together with the original Request for arbitration.

　　Pre-hearing inquiry

　　Article 14:

　　After being duly chosen or appointed, the arbitrators shall proceed with a study of the file of the dispute and conduct an inquiry by all appropriate means.

　　The arbitrators shall have the right to personally meet the parties for their verbal statements whether at the request of either or both of them or on their own initiative. Moreover, the arbitrators may decide to acquaint themselves with the matter from other persons either in the presence of the parties or after notifying the latter thereof.

　　The arbitrators may seek the help of one or more experts, assign them specific duties, receive their written reports and/or personally listen to their verbal statements.[page]

　　Article 15:

　　The arbitral tribunal shall supervise the preparations for the hearing of the dispute and, where necessary, take such measures as requesting the parties to provide written explanations, pieces of evidence and related documents. Where the additional measures are taken to complete the preparations, the arbitral tribunal shall fix a time-period for their execution.

　　The Chairman of the arbitral tribunal may assign to the Registrar of the Centre certain duties in connection with the preparations for the hearing, the summoning of the parties to the hearing, etc.

　　Hearing procedure

　　Article 16:

　　The date of hearing shall be decided by the Chairman of the aribtral tribunal.

　　Article 17:

　　The parties to the dispute shall be called to the hearing by summons, with clear indications as to the time and place of hearing. The summons shall be served thirty days prior to the date of hearing. Subject to agreement between the parties, this time-limit may be reduced or reasonably extended by decision of the Chairman of the arbitral tribunal.

　　Article 18:

　　The hearing shall take place in Hanoi.

　　At the request of the parties or where it is deemed necessary, the Chairman of the arbitral tribunal may decide another location on the territory of Vietnam for the hearing.

　　Article 19:

　　The parties may attend the hearing either personally or through their authorised representatives with power of attorney issued in due form. Such representatives may be Vietnamese citizens or foreigners.

　　The parties may have solicitors to defend their respective interests.

　　Article 20:

　　In the absence of one or all the parties without legitimate reason, the arbitral tribunal or the sole arbitrator, as the case may be, may proceed with the hearing on the basis of available documents and pieces of evidence.

　　Article 21:

　　If the parties so request or accept, the arbitral tribunal or the sole arbitrator may, on the basis of the file of the dispute, make a decision in their absence.

　　Article 22:

　　The arbitral tribunal shall conduct the hearing in the Vietnamese language.

　　The parties may request the Centre to provide interpreters at their own expenses.

　　Article 23:

　　The arbitral tribunal or the sole arbitrator, as the case may be, shall settle the dispute on the strength of the terms and conditions of the original contract, if the dispute arises from relations thereunder, in accordance with the law applicable to it and with any related international treaty, taking into account the trade usages and international practice.

　　In the hearing process, the arbitrators shall judge the matter in their own interpretaiton, objectively and honestly.

　　Article 24:

　　All disputes shall be heard in private. With the consent of the parties, the arbitral tribunal may allow persons not involved in a dispute to attend the hearing.

　　Article 25:

　　Any decision of the arbitral tribunal shall be taken by a majority vote. The minority opinion shall however be duly recorded. When there is no majority, the Chairman of the arbitral tribunal shall issue the decision as the sole arbitrator.

　　Article 26:

　　The record of the proceedings shall be made by the secretary appointed to the hearing and shall bear the signature of the Chairman of the arbitral tribunal or the sole arbitrator, as the case may be.

　　The record shall contain the following particulars:

　　- The number of the file of the dispute;

　　- The place and date of hearing;

　　- The names of the parties to the dispute and their representatives;

　　- The names of the arbitrators, the secretary, the experts, the witnesses, if any, and the other persons attending the hearing;

　　- A summary of the proceedings; and

　　- The requests made by the parties and a summary of their statements.

　　The parties have the right to acquaint themselves with the contents of the record. Any amendment or addition to the record as may be requested by one or all the parties shall be subject to decision of the arbitral tribunal.

　　Conclusion of the proceedings

　　Article 27:

　　The arbitration proceedings shall end with an award or decision made by the arbitral tribunal.

　　Article 28:

　　The award shall contain the following particulars:

　　- The name of Vietnam International Arbitration Centre;

　　- The place and date of issuance of the award;

　　- The names of the arbitrators or the name of the sole arbitrator, as the case may be;

　　- The object of the dispute and a summary of how the matter evolves;

　　- The decision made on the dispute and on the arbitration fees and other costs involved;

　　- The ground on which the decision is made; and

　　- The signatures of the arbitrators or the signature of the sole arbitrator, as the case may be, and that of the secretary appointed to the hearing of the dispute.[page]

　　Should any of the arbitrators fail to sign his name on the award, the Chairman of the aribtral tribunal shall confirm the case, with his own signature and a mention as to the cause of his action.

　　Article 29:

　　The award of the arbitral tribunal shall be announced immediately after its last sitting, or may be announced later.

　　The full text of the award shall be communicated to the parties at least within 30 days from the date of the last sitting of the arbitral tribunal.

　　In special cases, the arbitral tribunal may decide to communicate the award later than the thirty-day period.

　　Article 30:

　　The arbitral tribunal may make an additional decision if it is found that certain points in the original award are yet to be further clarified and fully settled.

　　Likewise, the arbitral tribunal may, at the request of the parties or on its own initiative, make a decision for the correction of some misprint or error of calculation or in the use of technical terminology without affecting the substance of the award or the nature of the dispute. The decision for any such correction or amendment shall form the part of the original award without involving payment of any fee by the parties.

　　Article 31:

　　Any award made by the arbitral tribunal shall be final and, therefore, cannot be appealed before any other law court or organization. The parties involved shall carry out the award within the specified period.

　　If the award is not voluntarily executed within the specified period, effective measures of enforcement shall be applied, in accordance with the law of the country where enforcement of the award is sought and with international treaties applicable to the case.

　　Article 32:

　　The arbitral tribunal may issue a decision to end the arbitration proceedings. Any such decision shall be applicable to the following cases:

　　- Where the plaintiff withdraws his Request for arbitration;

　　- Where the parties reach a direct agreement, without involving a hearing by the arbitral tribunal;

　　- Where the necessary conditions for consideration and decision on the case are absent, including the inactivity of the plaintiff within the first six months.

　　Arbitration fees and other costs

　　Article 33:

　　The calculation and distribution of arbitration fees and costs as well as the refund of such fees and costs shall be made in accordance with the attached "Schedule of Arbitration Fees and Costs of the Vietnam International Arbitration Centre and expenses of the parties".

　　Article 34:

　　The arbitration fees and other costs shall be paid immediately after the receipt of the arbitration award by the parties.

　　Direct conciliation between the parties

　　Article 35:

　　If, in the course of proceedings at the Centre, the parties reach a direct mutual conciliation, the arbitral tribunal shall cease the proceedings thereafter. The parties may, however, request the President of the Centre to confirm such a conciliation in writing. Any such confirmation shall be valid as an arbitral decision.

　　The President of the Centre shall fix the arbitration fees and costs to be borne by the parties respectively.

　　Final provisions

　　Article 36:

　　Documents sent out by the Centre shall be addressed to the interested parties by way of registered mail or by any other safe means.

　　The hearing time-table may be communicated by way of telegraph, telex, fax ..., with followed letters of confirmation.

　　Any such documents may be directly delivered to the parties with due acknowledgement.

　　Any documents sent out by the Centre shall be considered as delivered even in cases of refusal by the addressee or the latter's failure to come to the local post-office to receive them.

　　Article 37:

　　The arbitrators and other personnel of the Centre shall be responsible for the secrecy and confidentiality of the matters involved in a dispute.

　　Article 38:

　　The files of the disputes and the arbitral awards or decisions shall be deposited with the Registrar of the Centre.

　　The Registrar may send certified copies of arbitral awards or decisions to the parties concerned, at the latter's request.