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

FAQs

According to article 36.2 of VTA's Rules of Arbitration, the Arbitral Tribunal shall have the power to decide that one party shall bear all or part of the legal costs or other reasonable expenses incurred by the other party.

According to Article 20.1 of VTA's Rules of Arbitration, the witness expenses shall be paid by the requesting party, or allocated by the Arbitral Tribunal.

According to Article 19.3 of VTA's Rules of Arbitration, the expenses for inspection or valuation shall be paid by the requesting party or allocated by the Arbitral Tribunal. In all circumstances, if the inspection or valuation expenses are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available.

According to Article 19.4 of VTA's Rules of Arbitration, the expenses for expert advice shall be paid by the requesting party or allocated by the Arbitral Tribunal. In all circumstances, if the expenses for expert advice are not paid in full, the Arbitral Tribunal shall resolve the dispute on the basis of the documents readily available.

The parties have the right to withdraw the Request for Arbitration/ the Counterclaim before the Arbitral Tribunal makes the Arbitral Award. 

Pursuant to Article 14.2 of the VTA's Rules of Arbitration, the parties may amend and/or supplement the Request for Arbitration, the Counterclaim, the Statement of Defence and/or the Statement of Defence against the Counterclaim before the final hearing finishes. The amendment and/or the supplement shall be in writing in a sufficient number of copies in accordance with paragraph 1 of Article 3 of the Rules. The Arbitral Tribunal shall have the power to disallow the amendment and/or the supplement if the Arbitral Tribunal considers it an abuse aimed at causing difficulties or delaying the making of the Arbitral Award or if it exceeds the scope of the arbitration agreement applicable to the dispute.

Pursuant to Article 2 of Law on Commercial Arbitration, VTA has competence to resolve:

a) Disputes between parties arising from commercial activities;

b) Disputes arising between parties in which at least one of whom engaged in commercial activities;

c) Other disputes between parties which shall be resolved by arbitration as stipulated by law.

Pursuant to Article 5.1 of Law on Commercial Arbitration, a dispute shall be resolved by arbitration if the parties have an arbitration agreement. An arbitration agreement may be made either prior to or after the dispute arises. In conclusion, an arbitration agreement is requisite condition for dispute resolution by arbitration.