Vietnam International ArbitrationCentre at the Vietnam Chamberof Commerce and Industry (VIAC)was established in 1993 on thebasis of merging the ForeignTrade Arbitration Committee(founded in 1963) and theMarine Arbitration Committee(founded in 1964). VIAC is anindependent and non-profitableorganization.
VIAC’s Head Quarter locates inHanoi and VIAC has branches ineconomy hub of Vietnam: Ho ChiMinh City, Da Nang, Can Tho.Disputes shall be accepted at theHead Quarter in Hanoi and HCMCBranch.
The Law on Commercial Arbitration (LCA), as comparedto the 2003 Ordinance, was drafted with the idea ofadopting international practice to promote the use ofarbitration and to share the burden with the overloadedCourt system, which is considered a positive steptowards building an arbitration regime close tointernational standards.Under the Law, arbitration gets more support from theCourtEg: In 2013-2015, 27 requests for Interim Relief Orderswas granted by the Court for a arbitration party underthe Art. 48 of LCA (where the Arbitral Tribunal is not yetconstituted)
This Resolution provides guidelineson jurisdiction and procedures ofthe Court over arbitral activities,validity and enforcement ofarbitration agreements andregistration of ad-hoc arbitralawards.
2005
Civil Code 2015
2015
Civil Judgment Enforcement
2008
Vietnam is considered as themost integrated nation inSouth East Asia. Apart frombeing a member of the WorldTrade Organization (WTO),we have pledged many newFTAs and recently the Trans-Pacific Partnership (TPP). Inearly 2016, H.E Mr. Presidentof Vietnam has promulgatedthe Decision on ouradmission of United NationsConvention on Contracts forthe International Sale ofGoods – CISG (Vienna, 1980).As an institution operating inthe field of internationalcommercial arbitration, VIACbelieves “playing under thecommon global Rules” is amust; and hence, the rise of
the commercial arbitrationmethod shall be aforeseeable result of thisintegration process.
The year of 2015 has passedby with impressive highlightsin VIAC’s activities. With astrong will for sustainabledevelopment and non-stopeffort, VIAC endeavors toimprove a specific legalservice that insures equalityand transparency fordisputants”
Mr. Tran Huu Huynh –President, VIAC
Vietnam International Arbitration CentreVietnam International Arbitration Centre
Since September 1995, Vietnam is a signatory of Convention onthe Recognition and Enforcement of Foreign Arbitral Awards of1958, and its provisions have been incorporated into Vietnameselaws. Furthermore, the legal framework on commercialarbitration in Vietnam has been gradually improved.
The Law on Commercial Arbitration (LCA), as compared to the2003 Ordinance, was drafted with the idea of adoptinginternational practice to promote the use of arbitration and toshare the burden with the overloaded Court system, which isconsidered a positive step towards building an arbitration regimeclose to international standards.
Therefore, Arbitral Awards rendered at VIAC is not only be morefavorably enforceable within Vietnam but also be recognized andenforced in over 150 nations and territories under the New YorkConvention 1958.
The Vietnam International Arbitration Centre ("VIAC") is developing well as a viable alternative to arbitration in the more established regional and international centers.
Mr. Fred Burke, Baker & McKenzie Law Firm
Vietnam International Arbitration Centre
Increasing role of attorneys in arbitration43% cases (2012-2015) 85% cases in 2015
Arbitration is a subject in tertiary & graduate education
Moot Contests in law schools (Hanoi Law University, HCMC Law University, Academy of Diplomacy,..)
Many seminars,conferences, forums on arbitration
(~ 35 events by VIAC in 2015)
First CiArb course in HCMC, Vietnam in 2015
While working with enterprises or being on interviews, I prefer the title ofa Arbitrator in the VIAC Arbitrator Panel; it brings the sense of my honour.I’ve never missed an annual VIAC Arbitrators Meeting and always beimpressed by the new approach, the organization of the Meeting. I findmyself so eager with and highly value VIAC achievements over the year.
Mr. Phan Chi Hieu – Deputy Minister of JusticeArbitrator, Vietnam International Arbitration Centre(VIAC)
Foreign investors consider that arbitration at VIAC is more flexible, efficientand faster than proceedings at the Vietnamese courts. Compared tointernational arbitration, proceedings at VIAC have the potential to be moreefficient in terms of time and costs, which is particularly relevant fordisputes where the amount at stake is relatively low. Furthermore, the
procedure of enforcement of a VIAC arbitral award is morestraightforward than the procedure of recognition and enforcementof foreign arbitral awards in Vietnam.European Chamber of Commerce in Vietnam:(EUROCHARM)
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
The most dynamic International arbitration institution in Vietnam
The objective of VIAC is to promote thedispute resolution method of arbitrationor alternative dispute resolutions (ADR).VIAC has a strong desire of building up anobjective, impartial and reliable method ofdispute resolution which also ensures theeffectiveness and convenience.
VIAC has been considered as a reputablearbitration institute in Vietnam and gainsmuch of reliance of domestic andinternational business communities.
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VIAC Arbitrators Conference 2015 (Hanoi)
VIAC Arbitrators Conference 2015 (HCMC)
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
VIAC keens on investing its
resource in expanding the
connection with international
organizations and being more
active in international
exchange of arbitration
practice, which enables us to
be on the same pace with
international trend of
development.
Besides, VIAC keeps up the good work of re-inventing
itself by gradually improving the arbitral skills for its
listed arbitrators; creating forums for exchanging
expertise and experiences for a strong network of
arbitrators and establishing the connection with other
governmental agencies, especially the Court system for
better mutual understanding and supporting.
The most dynamic International arbitration institution in Vietnam
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
44%
46.2%
9.8%recognized
rejected
in progress
(*)
RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN VIETNAM
MINISTRY OF JUSTICE
Competent Court
Acceptance of the Request
Decision to open a hearing to consider
the Request
Hearing(s) to consider the
Request
Reject Accept
7 working days
3 working
days
60-120
days
20 days
1. The Request2. Valid copies of foreign arbitral award and arbitration agreement (localized and notarized)3. All must be accompanied w. Vietnamese translation
Arbitral Tribunal
Arbitral Award
Vietnamese Civil JudgementExecution Agencies
ARBITRATE AT VIAC
Huge and
unrecoverable
legal expenses (**)
Vietnam International Arbitration Centre
(*) By the Summary Report of Commercial Arbitration by Ministry of Justice, September 2015
(**) Under the 2015 Civil Procedural Code Article 168 Para.3
Number of disputes in VIAC from 1993 to 2015
Types of disputes resolved at VIAC
Sale Contracts
54%
Construction
15%
Insurance7%
Finance3%
Others 21%
Types of disputes 2013 2014 2015
Sale Contracts43 52 76
Construction 19 26 21
Insurance2 6 10
Finance1 5 4
Others 21 22 30
VIAC is the ONLY Vietnamese arbitration institution which has being
handled cases in DIVERSE fields of commerce.
Statistic shows a considerable portion of disputes in Construction and
Insurance recently.
Numbers of cases handled by VIAC
in 2015: 146
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
New Administered arbitration cases
2015
146
124
2014
304Arbitrator appointments 7 Conflict disclosure
3 Request for consolidation
2Interim Measure Order
GRANTED BY the Arbitral Tribunal
2/3 succeeded
All being implemented!
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
New arbitration matters
68matters
Statistics of Dispute Properties from 1993 to 2015
Dispute
Properties2013 2014 2015
Domestic 51.5% 55.4% 62.9%
Foreign element 48.5% 44.6% 37.1%
Rat
e o
f d
om
esti
c an
d
Fore
ign
-rel
ated
dis
pu
tes
0
10
20
30
40
50
60
70
80
90
100
19
93
19
94
19
95
19
96
19
97
19
98
19
99
20
00
20
01
20
02
20
03
20
04
20
05
20
06
20
07
20
08
20
09
20
10
20
11
20
12
20
13
20
14
20
15
Domesticdisputes
Foreign-elementeddisputes
62,9%
37,1%
Domestic Foreign element
In recent years, the growth
rate of domestic cases
outnumbers its foreign-
related counterparts,
which mostly reflects that
arbitration are more and
more preferred by FDI
enterprises.
VIAC is also the ONLY Vietnamese arbitration institution
where arbitrating parties having DIVERSE nationalities.
In this 2015, disputing parties from China (including Hong
Kong) were involved into 50% of foreign related cases
approximately.
2015 statistic also recorded the first time parties from
Italia, Bermuda etc... arbitrating at VIAC
0
10
20
30
40
50
60
70
80
90
100
Nationality of
Disputing Parties
Impressive
Numbers
1052 Arbitration Cases
24days
In recent years, the number of disputes resolved at
VIAC has sharply increased .
In 2015, number of disputes filed is 146 , increasing
18% in comparison with its 2014 counterpart.
Disputes resolving at VIAC becomes diverse in types and
complex in nature, however, the time for dispute resolution
at VIAC always maintains at average duration of about 6
months and on a downward trend.
In 2015, there was two cases resolved in under 30 days.
0Arbitral Awards being set aside
In 2015, there was NOT a VIAC Arbitral
Awards being set aside under the Vietnamese
Law on Commercial Arbitration 2010.
28 April, 1993 – 28 April 2016
with non-stop efforts, we have achieved...
Acceptance and Settlement
1052Disputes
158Arbitrators
Has signed 5 cooperation agreement with
arbitration organizations and over 20foreign and domestic organizations
Proceeding instructions to
~100,000Enterprises
In 201524 days
The shortest time of resolving dispute
~200events
0 Arbitral Award
being set aside
Total Disputes Value
~ $ 5.7 billion
Publication: Contractual Dispute Resolution –
Must-knows by Entrepreneurs
Vietnam International Arbitration Centre Vietnam International Arbitration Centre
VIETNAM INTERNATIONAL ARBITRATION CENTRE
Head-quarter
VCCI tower, 9 Dao Duy Anh, Dong Da Dist, Hanoi, Vietnam
