Consulting on dispute resolution through Commercial Arbitration

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Commercial arbitration is one of the dispute resolution methods alongside court litigation. However, unlike court proceedings, commercial arbitration has a distinct process and offers superior advantages. To better understand the dispute resolution method through arbitration, clients can refer to the following article by Long Phan.

Consultation on Dispute Resolution through Commercial ArbitrationConsultation on Dispute Resolution through Commercial Arbitration

Why Choose Commercial Arbitration for Dispute Resolution

When disputes arise, parties can choose either the court or commercial arbitration for resolution. Each dispute resolution method has its advantages and limitations. However, for commercial disputes between businesses, parties should opt for commercial arbitration due to the following advantages:

  • Quick and flexible resolution process
  • Ability to choose arbitrators to resolve disputes, who are lawyers, legal experts, with experience in resolving many disputes
  • High confidentiality: The entire arbitration session is private, only involving the disputing parties; the dispute’s content and the parties’ identities are also kept confidential
  • Arbitral awards are final and not subject to appeal or objection
  • Especially, resolving disputes through arbitration can still preserve the partnership between the parties.

Forms of Arbitration in Vietnam

Commercial arbitration in Vietnam exists in two forms: Ad Hoc Arbitration and Institutional Arbitration.

Firstly, Ad Hoc Arbitration

Ad Hoc Arbitration is a form of arbitration agreed upon by the parties to resolve a specific dispute and ceases to exist once the dispute is resolved.

Ad Hoc Arbitration has the following characteristics:

  • It is established upon the occurrence of a dispute and terminates its operation once the dispute is resolved.
  • It does not have a permanent secretariat, no administrative body, and no list of arbitrators. Arbitrators chosen or appointed by the parties can be individuals listed or not listed with any arbitration center.
  • The procedural rules for Ad Hoc Arbitration to resolve disputes can be developed through agreement by the parties or selected from any procedural rules of arbitration centers.

Ad Hoc Arbitration is a form of arbitration used in Vietnam according to the Commercial Arbitration Law 2010.

Second, Institutional Arbitration

  • Institutional arbitration, also known as permanent arbitration, is a form of arbitration that is organized in a structured manner, with a permanent apparatus, office, and usually a roster of arbitrators who operate according to its own charter and procedural rules.
  • In Vietnam, Institutional Arbitration is organized in the form of Arbitration Centers. These centers are non-governmental organizations, have legal status, their own seal, independent bank accounts, and stable transaction offices.

Thus, in Vietnam, there are two forms of arbitration: Ad hoc Arbitration and Institutional Arbitration.

Commercial Arbitration Disputes

In society, there are many types of disputes, in various forms such as family and marriage disputes, labor disputes, land disputes, etc. However, not all disputes can be resolved by commercial arbitration, but only the following disputes can be resolved by commercial arbitration:

  • Disputes between parties arising from commercial activities.
  • Disputes arising between parties where at least one party is engaged in commercial activities.
  • Other disputes between parties that the law stipulates can be resolved by Arbitration.

Therefore, when choosing commercial arbitration to resolve a dispute, it is necessary to consider whether the dispute falls under the jurisdiction of the arbitration.

Disputes Resolved Through Commercial ArbitrationDisputes Resolved Through Commercial Arbitration

Consultancy Services for Dispute Resolution at Long Phan

Advising on necessary actions before arbitration resolution

  • Consulting on the advantages, disadvantages, and consequences of choosing arbitration for dispute resolution, enabling parties to select the appropriate method
  • Reviewing if conditions for arbitration resolution have been met
  • Advising on how parties can agree on arbitration
  • Drafting arbitration agreement documents for dispute resolution
  • Providing detailed consultancy on the procedure and sequence of resolving disputes through arbitration
  • Guiding the preparation of documentation and materials for the arbitration process
  • Advising on the selection of suitable arbitrators
  • Offering templates, drafting, reviewing, amending, and supplementing documents and files to meet standards
  • Evaluating the client’s dispute issue and suggesting resolution approaches
  • Amending and perfecting the defense brief or drafting one as per client’s request
  • Advising on how to file a counterclaim if the client is the defendan

Arbitration Dispute Resolution Process Consultation

  • Advising on the method of filing applications and accompanying documents for each case: resolving disputes at arbitration centers or through ad hoc arbitration
  • Consulting on the start of arbitration proceedings
  • Advising on the statute of limitations for filing arbitration disputes
  • Consulting on various arbitration fees that clients must pay
  • Advising on the contents needed in the defense brief, guiding on writing and submitting the defense brief
  • Guiding on the procedures for filing appeals; withdrawing claims, amending, supplementing claims, counterclaims, or defense briefs
  • Developing negotiation plans for clients if parties wish to negotiate during the arbitration proceedings
  • Advising on choosing appropriate temporary emergency measures and how to request the Arbitration Council to apply these measures
  • Guiding the procedures for changing, supplementing, or canceling temporary emergency measures
  • Consulting on the procedures for arbitration hearings and issuing arbitration awards
  • Reviewing arbitration awards and suggesting amendments, supplements as per the Commercial Arbitration Law
  • Consulting on cases of annulment of arbitration awards and the procedures for annulment
  • Advising on the procedures for enforcing arbitration awards

Consultation on Tasks to Perform After Arbitration Resolution

To minimize and foresee potential similar disputes, Long Phan offers consultation for clients on the following issues after resolving arbitration disputes:

  • Advising and assisting in reviewing, amending, and supplementing negotiation plans and contracts that have been drafted but not yet signed regarding arbitration dispute resolution agreements.
  • For contracts that have been signed with an arbitration agreement but have not yet encountered disputes: Review the arbitration-related terms. If there are unfavorable terms or risks, negotiations with partners to amend the arbitration agreement may be possible.
  • For cases currently in dispute or at risk of dispute: Check the dispute resolution clause whether it refers to arbitration or court. If it refers to arbitration, review the regulations, whether the agreement is void, and prepare the documentation and lawsuit plans accordingly.
  • Advising on negotiation plans, amendments, and supplementations of contract terms through annexes related to choosing arbitration and other terms if future risks are identified.
  • Providing standard contract annex templates, amendments, supplements, or drafting contract annex drafts as per the client’s request.
  • Proposing dispute resolution options and planning the dispute resolution process for specific cases.
  • Building and completing a system of procedures from the stage of contract signing, negotiation, contract execution to dispute resolution (if any).

Consultation on Tasks After Resolving Disputes Through Arbitration

Benefits of Arbitration Dispute Resolution Consulting at Long Phan

At Long Phan, with a team of enthusiastic, friendly, cheerful, professional, and experienced staff, customers enjoy the following benefits:

  • Help customers understand when disputes can be resolved through arbitration.
  • Clear understanding of the arbitration dispute resolution process.
  • Development and perfection of documents related to dispute resolution: claim forms, self-defense statements, contract drafts, contract appendices, etc.
  • Access to rational and effective options and solutions to protect their rights and interests.
  • Proposing solutions to minimize risks, especially similar disputes in the future.
  • Absolute confidentiality of customer information and always maximizing the interests of customers.

Arbitration Dispute Resolution Consulting Fees

Based on the nature, complexity, and requirements of the client, the company will propose a service with a specific fee. This fee is clearly stated in the service contract signed by the parties. If the client requires more in-depth support on a specific issue, the fee schedule will be updated accordingly to meet the requirements. All are aimed at ensuring the best interests of the client.

Arbitration is currently being prioritized by businesses for its advantages and benefits. Above, we have informed our clients about the consulting content of Long Phan as well as the process of resolving disputes through arbitration. If you have any questions or wish to receive in-depth consultation, please contact us via Hotline: 0906.735.386 for the best support.

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Consultation on Dispute Resolution through Commercial Arbitration

Consulting on dispute resolution through Commercial Arbitration