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

VTA - Resolving Business Disputes

VTA’s function is to organize and coordinate the dispute resolution activities via arbitration. Commercial arbitration is a method of dispute settlement agreed by the parties and conducted in accordance with provisions of VTA and the Law on Commercial Arbitration in Vietnam. In cases where the parties have entered into a valid arbitration agreement, the dispute shall be resolved through arbitration. If one party initiates proceedings in court, the court must decline jurisdiction over the case.

18:27 9/19/2024 by VTA

Under the Vietnamese Law on Commercial Arbitration, VTA arbitrators are authorized to resolve the following types of disputes:

  1. Disputes arising between parties from commercial activities: Commercial activities refer to profit-oriented activities, including the purchase and sale of goods, provision of services, investment, trade promotion, and other profit-driven activities.
  2. Disputes where at least one party is engaged in commercial activities: In such disputes, only one party needs to be engaged in commercial activities, while the other party may not necessarily pursue profit, such as disputes between a business entity and an individual.
  3. Disputes required by law to be resolved through arbitration: Regardless of whether the dispute involves "commercial activities" or whether "at least one party engages in commercial activities," arbitration is empowered to resolve disputes where stipulated by law.

 

VTA'S DISTINCTIONS  

In addition to the general advantages of arbitration over court litigation, VTA offers several distinct benefits in resolving business disputes through arbitration:

(1)

RAPID Values:
VTA organizes and coordinates efficient dispute resolution activities based on the "RAPID" core values: Respect, Alternative, Prestige, Intelligence, and Dedication.

(2)

Procedural Rules:
VTA's arbitration rules are continuously improved, incorporating practical experience and international standards. The parties are encouraged to innovate and agree on procedural rules and methods to suit their needs.

(3)

Expedited Procedures:
VTA offers expedited resolution processes. By mutual agreement, disputes may be resolved without a hearing, and arbitral awards can be issued within seven (7) days for disputes valued at less than VND 1 billion.

(4)

Arbitrators:
VTA arbitrators possess extensive knowledge of production, business operations, corporate governance, and legal principles. VTA's international arbitrators represent diverse countries and cultures and are fluent in multiple languages.

(5)

Flexible Arbitration Fees:
VTA does not charge filing fees for initiating arbitration proceedings. Arbitration fees are applied flexibly, depending on the dispute's value, complexity, and nature.

(6)

Cultural & Business Environment:
VTA prioritizes understanding the cultural and business environments of the parties involved, ensuring the delivery of the most optimal arbitration services.

(7)

International Cooperation:
VTA places great emphasis on international collaboration with countries that are signatories to the 1958 New York Convention. As a result, VTA’s dispute resolution activities consistently align with international arbitration standards and adhere to global trends in dispute resolution.

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.