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.
Under the Vietnamese Law on Commercial Arbitration, VTA arbitrators are authorized to resolve the following types of disputes:
- 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.
- 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.
- 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: |
(2) |
Procedural Rules: |
(3) |
Expedited Procedures: |
(4) |
Arbitrators: |
(5) |
Flexible Arbitration Fees: |
(6) |
Cultural & Business Environment: |
(7) |
International Cooperation: |
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.