Arbitration is a dispute resolution method that is highly well-liked by entrepreneurs because of its flexible mechanism, and superiority, such as swiftly settling conflicts, optimizing time and resources, and stabilizing the relationships to develop profitable business capabilities. Resolving disputes by arbitration has become a new trend in Vietnam. Therefore, the position of Arbitration Lawyer in Ho Chi Minh City is also increasingly affirmed, not only simply representing clients but also bringing professionalism, objectivity, and flexibility. The article below shall help you better understand Arbitration Lawyer in Ho Chi Minh City.

1. Basic definitions

• What is Arbitration? Arbitration is a non-governmental organization with a flexible dispute resolution mechanism, a combination of two elements: agreement and jurisdiction. The parties' agreement in the dispute is the premise for the Arbitrator's award. There can not be an Arbitrator's award that has any content unrelated to the agreement of the parties.
• What is Commercial Arbitration? Commercial arbitration is a dispute resolution agreed by the parties and to be conducted under the Viet Nam Law on Commercial Arbitration 2010.
• What is an Arbitration agreement? An Arbitration agreement means an agreement between the parties to select arbitration to settle a dispute which may arise or has arisen.
• Who is an Arbitration Lawyer in Ho Chi Minh City? Arbitration Lawyer in Ho Chi Minh City is a participant in proceedings at Arbitration Centers, playing an important role in supporting, consulting, representing, and protecting the rights, and interests of clients during the dispute resolution process at the Arbitration Center.

2. What does an Arbitration Lawyer in Ho Chi Minh City do? 

The method of resolving disputes by Arbitration requires the parties not only to firmly grasp domestic legal regulations, but also to clearly understand international practices (in case the dispute has a foreign element), and to be knowledgeable on Arbitration litigation skills. Although there is no requirement to retain an Arbitration Lawyer in Ho Chi Minh City participate in a dispute, when advised or represented by the Arbitration Lawyer in Ho Chi Minh City in resolving the dispute, the enterprise shall ensure the best benefits, minimize disadvantages, increase professionalism, and save resources for businesses. When joining the case, Arbitration Lawyer in Ho Chi Minh City shall do the following:

2.1. Carrying out file evaluation and case consultation.

· Comprehensive assessing of documents, evidence, advantages, and difficulties of clients;

· Evaluating legal issues based on actual records and predicting issues that may arise;

· Assessing the opposing party's advantages and disadvantages.

2.2. Counseling on dispute resolution at the Arbitration Center

·Counseling on and drafting petitions and opinion documents;

· Counseling on and drafting counterclaims and written opinions for the defendant;

· Advising on the application of appropriate temporary emergency measures;

· Counseling on procedures taking place throughout the dispute resolution process at the Arbitration Center;

· Counseling on procedures after an arbitration award is issued: Validity of the award, procedures for requesting enforcement of the award,

2.3. Represent/Protect clients throughout the dispute resolution process at the Arbitration Center.

· Researching legal documents and regulations to protect clients' legitimate rights and interests;

· Drafting documents throughout the dispute resolution process;

· Supporting in collecting documents and evidence to strengthen arguments to protect clients' legitimate rights and interests;

· Representing to participate, argue, and protect clients in dispute resolution sessions at the Arbitration Center;

2.4. Participate in the period after the arbitral award is issued.

· Evaluating the legality of the arbitral award and consider whether it is a case of annulment of the arbitral award or not.

· Preparing a request to cancel the arbitration award;

· Preparing documents and representing clients to carry out procedures requesting the enforcement of arbitration awards.

3. Why is it necessary to retain an Arbitration Lawyer in Ho Chi Minh City when resolving disputes at Arbitration?

In the journey to resolve legal disputes, choosing the right method and support person is one of the decisive factors in the success of the process.Therefore, retaining an Arbitration Lawyer in Ho Chi Minh City to be your companion becomes a necessary choice. With professionalism and extensive knowledge of the law and the arbitration process, Arbitration Lawyer in Ho Chi Minh City plays an important role in helping clients to solve legal problems. Below are some reasons why clients need to retain an Arbitration Lawyer in Ho Chi Minh City when resolving disputes at arbitration.

-  Expertise in Arbitration: Arbitration Lawyer in Ho Chi Minh City is an expert with knowledge and experience about the arbitration process, related legal regulations, and standards commonly applied in resolving disputes by this method. An Arbitration Lawyer understands the process, implementation, and how to ensure that your rights are best protected during the arbitration process.

-  Efficiency and process optimization: Arbitration Lawyer in Ho Chi Minh City has considerable experience in managing the arbitration process, from selecting appropriate arbitration members to determining the time and method of implementing the process. With the support of Arbitration Lawyer in Ho Chi Minh City, dispute resolution shall become more effective and faster.

- Legal and strategic knowledge: Arbitration Lawyer in Ho Chi Minh City has knowledge of both domestic and international laws related to disputes. They can build good legal strategies, ensuring that the rights and interests of clients are best protected during the arbitration process.

- Security and privacy: The arbitration process is often conducted in a more secure and private environment than a public trial. Ho Chi Minh City Arbitration Attorneys can help protect sensitive information and ensure that the process takes place in a secure environment.

4. Necessary qualities of an arbitration lawyer in Ho Chi Minh City

Disputes resolved by Arbitration are often disputes of great value and high complexity, which may stem from conflicts such as profits, business practices, rights, and obligations of the parties... Ensuring smooth operations and resolving disputes in compliance with legal regulations requires support from legal experts with extensive knowledge of commerce and Arbitration. That is why an Arbitration Lawyer in Ho Chi Minh City becomes necessary and plays an important role in ensuring the sustainable development of this industry. Some qualities that Arbitration Lawyer in Ho Chi Minh City needs to have are as follows:

·       Firstly, reliability and information security.

An arbitration lawyer in Ho Chi Minh City, to assist in this field, must maintain absolute confidentiality of client information.

·       Secondly, professional knowledge and experience in the fields of commerce and arbitration.

In-depth legal knowledge is the basis for lawyers to practice, requiring high professional qualifications and professionalism.

·       Thirdly, negotiation skills.

Arbitration Lawyers have professional negotiation skills to achieve the best results for clients. They can interact with the other party, make offers, deals, and terms to reach an agreement that both parties are satisfied with.

·       Fourthly, ensuring the interests of clients

When representing clients, lawyers shall protect the client's rights, ensure compliance with legal regulations, and represent clients in dispute-related issues.

·       Fifthly, the ability to analyze, synthesize, and use logical thinking

For complex cases with a large number of records, good analytical skills are required, followed by synthesizing information to be able to grasp the overview of the incident and make accurate decisions that are beneficial to the clients.

·       Sixth, having a support team

Arbitration Lawyers must have a large-scale team to be able to coordinate and support each other in the best way, thereby providing optimal solutions for clients.

5. What are the criteria for selecting an Arbitration Lawyer in Ho Chi Minh City?

Nowadays, commercial activities are becoming more vibrant and developing rapidly, the form of settlement by Arbitration is also increasing, thereby the need for legal advice has become extremely necessary for Businessmen. However, when facing legal issues, clients need support from an expert with extensive knowledge of this field. Choosing a suitable, trustworthy and experienced Arbitration Lawyer in Ho Chi Minh City is extremely important. Arbitration Lawyer in Ho Chi Minh City needs to meet the following basic criteria:

• Be ethical and dedicated to work, for the legitimate purposes of clients;
• Have extensive knowledge and professional capacity in the fields of commerce, civil affairs, land, housing, real estate business...;
• Have skills in presenting opinions in oral and written language;
• Have good logical thinking and legal thinking skills;
• Have skills in communicating and working with authorities as well as relevant parties;
• Have good mediation, negotiation and persuasion skills;
• Have experience in resolving disputes at Arbitration.

6. Where to find a qualified Arbitration Lawyer in Ho Chi Minh City?

Phong & Partners Law Firm is proud to be a prestigious and professional Law Firm in the Central region in particular and other provinces and cities across the country in general. Phong & Partners provides comprehensive legal services in many fields, including dispute resolution consulting at Arbitration Centers.

Phong & Partners Law Firm - Ho Chi Minh City Branch

Address: 9th Floor, K&M Building, No. 33 Ung Van Khiem, Ward 25, Binh Thanh District, Ho Chi Minh City

Mobile: 0905.102.425

Fanpage: https://www.facebook.com/phongpartnerslaw.hcmc 

Email: phongpartnerslaw.hcmc@gmail.com 

With the guiding principle of "Taking service quality and clients satisfaction as a measure of success", operating for the philosophy of "Honour Justice - Respect Goodshall", Arbitration Lawyer in Ho Chi Minh City at Phong & Partners always works with enthusiasm, passion, and sense of responsibility, ensuring the rights and benefits of clients. Phong & Partners is one of the reliable choices for clients because:

• A large team of lawyers and legal assistance with strong and professional expertise, dedicated consultants;
• A team of lawyers with 20 years of experience in consulting and resolving corporate disputes;
• Providing legal services with the best quality - resulting from professionalism, dedication and commitment, for the best interests of clients;
• Always be aware of improving service quality, regularly update legal regulations and practical situations to enhance the value of legal products sent to clients;

Committed to absolute confidentiality of customer information, to ensure clients have complete peace of mind when using the service.

7. What disputes are resolved by Arbitration?

Arbitration is not only an alternative dispute resolution to the traditional one which is the courts but also brings flexibility, as well as significant privacy and security. However, not all disputes can be resolved by Arbitration. Disputes under the jurisdiction of Arbitration include:

• Disputes between the parties arising from commercial activities;
• Disputes arise between parties in which at least one party has commercial activities;
• Other disputes between the parties that are prescribed by law are resolved by Arbitration.

8. Requirements for resolving disputes by Arbitration

Dispute resolution by Arbitration is an alternative dispute resolution method in which two disputing parties agree to resolve their matter by an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator instead of going to court. However, using this alternative dispute resolution method also needs to comply with some basic requirements. Below are the main requirements for resolving disputes by Arbitration: 

- There must be an arbitration agreement: The arbitration agreement can be made before or after the dispute arises.

- Disputes arising under the jurisdiction of arbitration: Disputes between parties arising from commercial activities, disputes arising between parties in which at least one party has commercial activities, and other disputes between parties that the law stipulates shall be resolved by Arbitration.

- The Arbitration Agreement is valid.

Cases that the Arbitration Agreement is considered invalid:

• The dispute arises in a sector outside the competence of arbitration
• The person who entered into the arbitration agreement lacked authority to sign as stipulated by law or the signatory to an arbitration agreement without civil act capacity
• The form of arbitration agreement is not compliant with the regulations. 
• One of the parties was deceived, threatened or coerced during the conclusion of the arbitration agreement 
• The arbitration agreement breaches prohibitions specified by law.

- The Arbitration Agreement does not fall under the circumstances of being incapable of being performed: 

• The Arbitration Center has ceased to operate.
• The chosen Arbitrator is unable to conduct the arbitration of the dispute.
• The parties have reached an agreement to resolve the dispute at a specific arbitration center but have also agreed to apply the Rules of Arbitration of another arbitration center which is contrary to the rules of the chosen one.
• Consumers do not agree to use Arbitration to resolve disputes as stimulated in the arbitration clause of the sample contracts sent by suppliers.

9. Advantages and Disadvantages of resolving disputes by Arbitration

• Advantages of resolving disputes by Arbitration

Starting from its dispute resolution principles, Arbitration demonstrates many outstanding advantages, bringing many benefits to the parties when a dispute arises, specifically as follows:

• First, unlike court proceedings prescribed in the Civil Procedure Code, which apply to resolve cases in the civil field in general, Arbitration procedures apply to disputes in commercial activities, parties can be proactive about the time and place of dispute resolution, helping to speed up dispute resolution time; Arbitration procedures do not go through many levels of trial like Court, so it limits the cost of time and money for the parties.
• Second, the right to choose the Arbitrator to resolve disputes allows the parties to select experts with expertise and practical experience on the disputed issue, reputable in the field to become Arbitrators to resolve conflicts between parties, and ensure quality of dispute resolution (insurance disputes, disputes about stocks, securities, construction disputes, etc.).
• Third, the Arbitrator respects the confidentiality of information for the entire process, and the Arbitration meeting is also conducted privately so that the parties in the dispute can ensure their reputation in the marketplace.
• Fourth, the jurisdiction of the Arbitration Tribunal is established based on the voluntary agreement of the parties without depending on the state power so that it is more flexible in its own way (allows using foreign languages, foreign laws, etc.) and suitable for resolving disputes involving foreign elements.
• Fifth, the Arbitrator's award is final, can not be appealed, and binds the parties to implement. If enforced within the territory of Vietnam, the Arbitral Award can be brought directly to the enforcement agency (Civil judgment enforcement agencies) for enforcement; Arbitral awards may also be recognized and enforced in many countries and territories.

• Disadvantages of resolving disputes by Arbitration

Besides the advantages, resolving disputes by arbitration also has unavoidable difficulties and obstacles, including:

• Firstly, the Arbitrator may encounter difficulties in the process of verifying, collecting evidence, summoning witnesses, etc. Because the Arbitrator is not a state agency, there are no assistance officers, and no enforcement or coercive enforcement agency like the Court, so there are many cases where it is difficult/impossible for the Arbitrator to get information if one of the parties does not cooperate.
• Second, the Arbitrator cannot apply temporary emergency measures directly like the Court but must request the Court to do so.
• Third, resolving by Arbitration is expensive: Arbitration fees are quite high, and calculated according to the value of the dispute and each Arbitration Center shall have a different fee schedule.

10. Some forms at the Arbitration Center (Petition, Counterclaim form...)

The lawsuit petition form at the Arbitration Center is an important document that the competent authority can proceed with dispute resolution. Each Arbitration Center shall have a different lawsuit petition form. Therefore, the Claimant needs to accurately determine the arbitration center that has the jurisdiction to resolve the dispute in order to properly write the petition and protect his or her legitimate rights and interests. Below are some forms from the VIAC Arbitration Center that you can refer to:

• Request for Arbitration
• Counterclaim
• Statement of Defence 

11. List of Arbitration Centers in Vietnam

With outstanding advantages, the trend of choosing arbitration is gradually becoming popular to resolve current commercial disputes. Following that exciting development momentum, many commercial arbitration centers have been established nationwide and are trusted by many businesses. Below is a list of some arbitration centers in Vietnam:

Vietnam International Arbitration Center (VIAC)

Next to the Vietnam Chamber of Commerce and Industry 

Address: No. 9, Dao Duy Anh, Dong Da, Hanoi

Tel: (04) 3574 4001

Fax: (04) 3574 3001

Email: viac-vcci@hn.vnn.vn

Website: www.viac.org.vn

Asian International Commercial Arbitration Center (ACIAC)

Address: 3rd Floor, No. 37 Le Hong Phong, Ba Dinh, Hanoi.

Tel: (04) 734 4677

Fax: (04)734 3327

Email: tttmachau@vnn.vn / aciac1994@gmail.com / tranmylawyer@gmail.com

Website: www.trungtamtrongtaithuongmaiachau.com / www.aciac.com

Southern Commercial Arbitration Center (STAC)

Address: 391/16 Dien Bien Phu, Ward 25, Binh Thanh District, Ho Chi Minh City

Tel: 0287 303 9396; 0935 091 590

Website: trongtaithuongmaiphianam@stac.com.vn

Ho Chi Minh City Commercial Arbitration Center (TRACENT)

Address: No. 460 Cach Mang Thang Tam, Ward 4, Tan Binh District, Ho Chi Minh City

Tel: (08) 3844 6975

Fax: (08) 3811 5820

Email: trongtai-hcm@vnn.vn

Website: www.tracent.com.vn

Pacific International Arbitration Center (PIAC)

Address: 39 Street 5, Binh Thoi Residential Area, Ward 8, District 11, Ho Chi Minh City.

Tel: (+84) 911 956 039

Email: piac.vnn@gmail.com

Website: www.piac.vn / www.piac.com.vn

12. Questions related to Arbitration

 (1) Having agreed on commercial arbitration, it is not easy to switch to lawsuits in court!

https://cadn.com.vn/print/da-thoa-thuan-trong-tai-thuong-mai-khong-de-chuyen-sang-khoi-kien-tai-toa-an-post273200.html

 (2) Can a lawyer act as an Arbitrator?

In Vietnam, based on Article 20 of the 2010 Commercial Arbitration Law, regulations on criteria of arbitrators are as follows:

1. People who meet the following qualifications can act as Arbitrators:

a/ Having the full civil act capacity under the Civil Code;

b/ Possessing a university degree and having at least 5 years* work experience in the trained discipline:

c/ In special cases, an expert who has high professional qualifications and much practical experience, though not satisfying the requirement specified at Point b of this Clause, may also be selected as arbitrator.

2. Persons who satisfy all the conditions specified in Clause 1 of this Article but fall into either of the following cases may not act as arbitrators:

a/ Incumbent judges, procurators, investigators, enforcement officers or civil servants of people’s courts, peoples procurators, investigative agencies or judgment enforcement agencies:

b/ The accused, defendants, persons serving criminal sentences or having served the sentences but having their criminal records not yet remitted.

3. Arbitration centers may set criteria for their arbitrators, which are higher than those specified in Clause 1 of this Article.

Thus, based on the above regulations, a Lawyer can practice and also be an Arbitrator if the above conditions are met.

 (3) How are Arbitration fees calculated?

Currently, each Arbitration Center shall have a different way of calculating fees. Phong & Partners introduces the calculation method of some Arbitration Centers:

VIAC Arbitration Center: https://www.viac.vn/bieu-phi  

Singapore International Arbitration Center: https://siac.org.sg/siac-schedule-of-fees 

 (4) Is it possible to request an appeal of the Arbitration award?

Arbitration proceedings are a one-level form of proceedings, not including many levels such as the Court, and the arbitration decision when issued is final. Therefore, the arbitration award is a final decision that cannot be appealed or protested against according to any procedure.

However, an arbitration award can still be canceled by decision of a competent court if it falls into the following cases:

• There is no arbitration agreement or the arbitration agreement is invalid;
• The composition of the Arbitration Council and the arbitration proceedings are inconsistent with the parties' agreement or contrary to the provisions of the Commercial Arbitration Law;
• The dispute is not under the jurisdiction of the Arbitration Council; In case the arbitration award contains content that does not fall within the jurisdiction of the Arbitration Council, that content shall be annulled;
• The evidence provided by the parties on which the Arbitral Council based its decision was fake; The arbitrator receives money, property or other material benefits from a disputing party, affecting the objectivity and fairness of the arbitration award;
• The arbitration award is contrary to the basic principles of Vietnamese law.

 (5) What is the law used in arbitration dispute resolution?

Determining the applicable law on arbitration proceedings is based on two separate principles. Specifically, on the one hand, the arbitrator respects the parties agreement in determining the applicable law on dispute resolution proceedings. On the other hand, in case the parties cannot agree, the arbitrator shall apply the arbitration rules of the arbitration organization itself and in accordance with the law of the country where the arbitration is established, or the place of arbitration. 

(6) Sample of arbitration agreement clause:

 “Any dispute arising out of or related to this contract shall be resolved by arbitration at the Arbitration Center ……. (name of the Arbitration center) shall comply with the Arbitration Procedure Rules of this Center.

• In addition, the parties may add:
• The number of arbitrators is [one or three].
• The place of arbitration is [city and/or country].
• The law applicable to the contract is [ ].*
• The arbitration language is [ ].**

Note:

* Only applies to disputes with foreign elements

** Only applies to disputes with foreign elements or disputes in which at least one party is a foreign-invested enterprise.