Arbitrator’s jurisdiction to resolve land disputes

Arbitrator’s jurisdiction to resolve land disputes is a method of resolving land disputes stipulated in the Land Law 2024. This method opens up opportunities for parties to choose out-of-court solutions, contributing to the majority of land disputes. Diversify the way to handle land conflicts. This article will share information about Arbitrator jurisdiction to resolve land disputes in arbitration land disputes, application conditions as well as advantages and limitations when using this method.

Conditions for resolving disputes by Arbitration

According to Article 5 of the Law on Commercial Arbitration 2010, the condition for applying arbitrator’s jurisdiction to resolve land disputes is to meet the following criteria:

• Disputes are resolved by Arbitration if the parties have an arbitration agreement. Arbitration agreements can be made before or after a dispute arises.
• In case a party to the arbitration agreement who is an individual dies or loses legal capacity, the arbitration agreement remains valid for that person’s heirs or legal representatives, unless the parties have other agreements.
• In case a party to the arbitration agreement is an organization that must terminate its operations, go bankrupt, dissolve, consolidate, merge, divide, separate or convert its organizational form, the arbitration agreement will still be effective. power over the organization receiving the rights and obligations of that organization, unless the parties agree otherwise.

The Land Law 2024 stipulates that Arbitration has the authority to resolve land disputes in some specific cases. To apply this method, the disputing parties need to meet the conditions prescribed by law.

The arbitrator’s jurisdiction to resolve land disputes is according to current regulations

Previously, the 2013 Land Law only stipulated that the authority to resolve land disputes belonged to the People’s Committee and the People’s Court, but now, after the 2024 Land Law takes effect on August 1, 2024, the Arbitrator’s jurisdiction to resolve land disputes has been expanded.

According to Article 236 of the Land Law 2024, Vietnamese Commercial Arbitration has the authority to resolve disputes between parties arising from commercial activities related to land. The arbitrator’s jurisdiction  to resolve land disputes is applied in accordance with the provisions of law on commercial arbitration.

In particular, based on the provisions of Article 3 of the Commercial Law 2005, it is stipulated that commercial activities are activities aimed at profit, including buying and selling goods, providing services, investing, and promoting trade. and other profitable activities. If the parties have a land-related dispute arising from the above commercial activities, they can agree to choose Vietnamese Commercial Arbitration to resolve the dispute.

At the same time, People’s Committees at all levels will be responsible for providing records and documents related to land management and use when requested by the Vietnam Commercial Arbitration as a basis for dispute resolution.

Advantages and limitations when choosing Arbitration to arbitrate land disputes

Benefits of resolving disputes in Arbitration

Resolving land disputes by Arbitration brings many benefits to the parties. First, procedures in Arbitration are often faster and more flexible than in Court. The parties may choose the appropriate arbitrator, place and time to conduct the arbitration.

Next, the Arbitrator’s award has the same legal effect as a Court judgment and is enforced according to the provisions of law. This ensures certainty and effectiveness of dispute resolution. In addition, information during arbitration proceedings is confidential, helping to protect the reputation and business secrets of the parties.

Parties can save time in resolving disputes when choosing to resolve disputes through Arbitration. Finally, the use of Arbitration contributes to reducing the load on the Court system, creating conditions for the Court to focus on more complex cases.

Challenges when using Arbitration to resolve land disputes

Besides the advantages, using Arbitration to resolve land disputes also faces some challenges.

Firstly, the cost of Arbitration proceedings is quite high and is determined by the Arbitration Center. This arbitration fee must be borne by the losing party, unless the parties agree otherwise or the arbitration procedural rules stipulate otherwise or the Arbitration Council has a different allocation. Parties need to consider finances when choosing to resolve land disputes by arbitration.

The next challenge is that enforcement of arbitral awards can be difficult in some cases. If the losing party does not voluntarily comply, the process of requesting enforcement of the judgment can be complicated and lengthy. In addition, because this is a completely new regulation, arbitrators may lack experience in the land field, leading to an unsatisfactory award.

Another challenge is that the parties’ awareness of the method of resolving disputes by Arbitration is limited. Many businesses are not familiar with the use of Arbitration in land disputes. Finally, choosing an impartial arbitrator with land expertise is also a significant challenge.

Principles of dispute resolution by arbitration

Pursuant to Article 4 of the Law on Commercial Arbitration 2010, the principles for resolving disputes by Arbitration are prescribed as follows:

• The arbitrator must respect the parties’ agreement if that agreement does not violate prohibitions or is contrary to social ethics.
• Arbitrators must be independent, objective, impartial and comply with the provisions of law.
• The disputing parties are equal in rights and obligations. The arbitration council is responsible for creating conditions for them to exercise their rights and obligations.
• Dispute resolution by Arbitration is conducted privately, unless the parties agree otherwise.
• The arbitration award is final.

Consulting services for resolving land disputes by Arbitration

To support parties in resolving land disputes by Arbitration, at Long Phan, we provide professional dispute resolution consulting services. This service includes assessing the applicability of arbitration to a particular dispute. Experts will analyze the situation and advise on the feasibility of using Arbitration to resolve land disputes.

In addition, consulting services also assist parties in drafting arbitration agreements and selecting appropriate arbitrators. Consultants will help customers prepare documents, evidence and legal arguments for the case. During arbitration proceedings, consulting services also assist parties with their procedures, rights and obligations.

In addition, consulting services also support parties in implementing arbitration awards, ensuring the legal rights and interests of customers.

Resolving land disputes by Arbitration is a new method, bringing many benefits to the parties. For detailed advice on arbitrator’s jurisdiction to resolve land disputes, customers can contact Long Phan via hotline: 0906735386. We will assist customers in evaluating the situation and choosing the most suitable option to resolve land disputes effectively, saving time and costs.