Consulting on the right to request cancellation of arbitration award at Long Phan

Article overview

Right to request cancellation of an arbitration award is an important legal measure to help protect the legitimate rights of individuals and organizations in the process of resolving commercial disputes. Understanding the regulations on grounds, procedures and deadlines for requesting an annulment of a judgment will help businesses and individuals proactively respond to unfair judgments, ensuring fairness and transparency. In the article below, Long Phan will provide detailed information about the right to request cancellation of arbitration awards in Vietnam.

Right to request cancellation of arbitration award according to law
Right to request cancellation of arbitration award according to law

Cases of annulment of arbitration awards

According to Article 68 of the Law on Commercial Arbitration 2010, an arbitration award may be canceled in the following cases:

  • There is no arbitration agreement or the arbitration agreement is considered void;
  • The composition of the Arbitration Council or the proceedings do not comply with the agreement between the parties or violate the provisions of law;
  • The dispute is not within the jurisdiction of the Arbitration Council; If the arbitration award contains ultra vires content, that part of the content will be annulled;
  • The evidence provided by the parties and relied on by the Arbitral Council to make the decision was fake; The arbitrator receives money, property or other material benefits from a party, affecting the fairness and objectivity of the award;
  • The arbitration award violates basic principles of Vietnamese law.
Note on cases where arbitration awards are annulled
Note on cases where arbitration awards are annulled

The subject has the right to request cancellation of the arbitration award

According to Clause 1, Article 69 of the Law on Commercial Arbitration 2010, the subject with the right to request cancellation of an arbitration award is a disputing party. Specifically:

  • The disputing party can be a Vietnamese or foreign individual, agency or organization participating in arbitration proceedings as a plaintiff or defendant (Clause 3, Article 3 of the Law on Commercial Arbitration 2010).
  • The disputing party must have sufficient grounds to prove that the arbitration award falls into one of the cases specified in Clause 2, Article 68 of the Law on Commercial Arbitration 2010.

Note: The right to request cancellation of an arbitration award belongs only to the parties directly in dispute. Third parties do not have this right, even if they have interests related to the arbitration award.

The time limit for submitting a request to cancel an arbitration award

Pursuant to Clause 1, Article 69 of the Law on Commercial Arbitration 2010. The deadline for submitting a request to cancel an arbitration award is 30 days from the date of receipt of the arbitration award. This is a mandatory deadline. If the deadline is exceeded, the right to request cancellation of the judgment may be lost.

Note: In case of a force majeure event, the time the event occurs is not included in the 30-day period. This ensures the rights of the requesting party in special cases.

What issues should be considered when requesting an annulment of an arbitration award?

The decision to request annulment of an arbitration award should be carefully considered. This requires a comprehensive assessment of the legal and practical aspects involved.

When considering a request to set aside an arbitral award, the following issues should be considered:

  • The basis for annulment of the judgment is the most important factor. It is necessary to carefully evaluate whether the award actually violates one of the cases specified in Article 68 of the Law on Commercial Arbitration 2010.
  • The costs and time involved in the process of requesting an annulment should also be calculated. This process can be lengthy and expensive, affecting the business operations of the enterprise.

Consulting services on grounds for cancellation and right to request cancellation of arbitration awards at Long Phan

With a team of experienced experts and knowledgeable about commercial arbitration law, Long Phan provides customers with consulting services to request cancellation of arbitration awards, including:

  • Analyze and evaluate the feasibility of requesting cancellation of arbitration awards.
  • Consulting on legal bases to request cancellation of arbitration awards.
  • Support in preparing documents to request cancellation of arbitration awards.
  • Representing the client during the court’s consideration of the request to cancel the judgment.
  • Consulting on legal strategy after the arbitration award is annulled.
  • Consulting on measures to prevent future disputes.
Consulting services at Long Phan
Consulting services at Long Phan

The right to request cancellation of an arbitration award is a legal tool to protect your rights in commercial arbitration. Understanding and properly applying the right to request cancellation of an arbitration award will help you protect maximum benefits during the dispute resolution process. Please contact Long Phan immediately via hotline 0906735386 for advice and timely support. Long Phan will accompany customers to protect their rights and create business success.