Rules of Arbitration

The Rules of Arbitration of VTA shall apply to resolve disputes at the Vietnam Traders Arbitration Centre.

Model Arbitration Clause

VTA recommends that parties use the following Model Arbitration Clause

Cost of Arbitration

Schedule of Arbitration costs of VTA, effective from July 20, 2018

List of Arbitrators

The arbitrators on VTA's list are experts committed to upholding the RAPID values in arbitration and mediation activities at VTA

Arbitration Agreements

The 1985 New York Convention requires the courts of member states to give full effect to arbitration agreements by refusing to hear disputes when the parties have entered into an arbitration agreement.

The Arbitration Agreement

In order to select VTA as the dispute settlement authority arising from, or in connection with contracts, the parties are required to sign arbitration agreement. The arbitration agreement is the parties’ agreement regarding the settlement via arbitration at VTA for the disputes that may arise or have arisen. 

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This is a prerequisite to establish VTA’s power and authority over the settlement of the parties’ disputes. When there is a “lawful arbitration agreement”, dispute of the parties shall no longer subject to the Court’s jurisdiction; if either party still sends the petition to the court, the court must return the petition for the parties to settle the dispute at VTA.

Arbitration agreement may be established in the form of: Arbitration clause in the contract; or separate arbitration agreement.

a.

VTA’s arbitration clause in the contract: Applicable to the cases that, from the time of negotiation and drafting contract, the arbitration clause of VTA has been mutually incorporated by the parties as a part of the contract; so that in the future when the dispute arises, the parties shall submit the petition at VTA for settlement. Please refer to the sample in here

b.

Separate arbitration agreement: Applicable to the cases when a dispute has arisen, the parties have established an arbitration agreement to regulate the settlement of dispute to be executed at VTA. 

Invalid arbitration agreements:

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Disputes arise in the domains falling beyond the arbitration's jurisdiction defined in Article 2 of the Law on Commercial Arbitration.

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The arbitration agreement maker has no competence defined by law.

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The arbitration agreement maker has no civil act capacity under the Civil Code.

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The form of the arbitration agreement is incompliant with Article 16 of the Law on Commercial Arbitration.

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A party is deceived, intimidated or compelled in the course of making the arbitration agreement and requests a declaration that such arbitration agreement is invalid.

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The arbitration agreement breaches prohibitions specified by law.

VTA’s Model Arbitration Clause: “Mọi tranh chấp phát sinh từ hoặc liên quan đến hợp đồng này sẽ được giải quyết bằng trọng tài tại Trung tâm Trọng tài Thương nhân Việt Nam (VTA) theo Quy tắc tố tụng trọng tài của Trung tâm này”. “Any dispute arising out of or in relation with this contract shall be resolved by arbitration at the Vietnam Traders Arbitration Centre (VTA) in accordance with its Rules of Arbitration”.

The Vietnam Trade Arbitration Center (VTA) is responsible for organizing and coordinating the resolution of business disputes through institutional arbitration, with jurisdiction over disputes including: (i) disputes arising from commercial activities between parties; (ii) disputes involving at least one party engaged in commercial activities; and (iii) disputes as prescribed by law to be resolved by arbitration.