Rights and obligations of arbitrators in resolving commercial disputes

Arbitrators play a key role in resolving commercial disputes. They are members of the arbitration council, empowered and obligated by law to make a decision to resolve the dispute. To become an arbitrator, an individual must meet strict professional and ethical conditions. In the article below, Long Phan will analyze in detail the powers, responsibilities and roles of arbitrators.

The role of arbitrators in resolving commercial disputes

The Law on Commercial Arbitration clearly stipulates the authority of arbitrators or commercial arbitrators in resolving commercial disputes. The arbitrator performs an independent adjudication function and makes a binding decision on the disputing parties.

In the dispute resolution process, commercial arbitration plays a key role. They comprehensively review the evidence and arguments of the parties, strictly comply with procedural rules, and ensure the legal rights of all parties involved.

During mediation, the arbitrator can proactively propose a solution to help the parties reach an agreement. To do this, they need to have extensive expertise in law and relevant commercial fields, while maintaining absolute independence and objectivity.

In addition, commercial arbitration also takes on the role of guiding proceedings, clearly explaining the rights and obligations of the parties. They must ensure that all parties have equal opportunities to present their views and defend their rights. The arbitrator is responsible for reviewing the case comprehensively from many legal and practical perspectives.

Finally, commercial arbitration plays an important role in maintaining the confidentiality of proceedings. They must ensure that information and documents related to the case are kept confidential in accordance with the law and the parties’ agreement. This contributes to creating confidence for businesses when choosing dispute resolution by arbitration.

Rights and obligations of arbitrators

Powers of arbitrator

Arbitrators have many important rights under the provisions of the Law on Commercial Arbitration 2010, helping them carry out their task of resolving disputes effectively and fairly.

First of all, the arbitrator has the right to accept or refuse to resolve the dispute. This power allows the arbitrator to evaluate and decide whether he or she has the necessary capacity, time and independence to handle the case.

During the dispute resolution process, the arbitrator is guaranteed independence and has the right to refuse to provide information related to the dispute. The arbitrator has the authority to verify the facts through meetings or discussions with the disputing parties to clarify relevant issues, in the presence of the other party. The arbitrator may also himself or at the request of the parties find out the facts from a third person, after notifying the parties.

To protect evidence, preserve the condition of property to avoid causing irreparable damage or ensure enforcement of judgment, the arbitrator has the authority to apply temporary emergency measures. At the request of a party, they can apply measures such as prohibiting changes in the current state of the disputed property, distrainting assets, requiring preservation or storage of assets, prohibiting the transfer of property rights, etc.

However, they must refuse if a party has previously asked the Court for interim measures. In addition, the arbitrator has the right to change, supplement or cancel temporary emergency measures upon request of a party.

The arbitrator also has the authority to correct, explain the award or issue additional awards. Within 30 days from the date of issuance of the ruling, they can proactively correct obvious errors in spelling, data due to confusion or miscalculation. They can also explain specific points or parts of the judgment at the request of a party.

Finally, the arbitrator is entitled to compensation. This fee is usually agreed upon in advance and reflects the complexity of the case, the time and effort expended, as well as the experience and reputation of the arbitrator.

Legal basis: Article 21, Article 45, Article 49, Article 51 and Article 63 of the Law on Commercial Arbitration 2010.

Obligations of arbitrators

The arbitrator’s obligations play an important role in ensuring a fair, effective and professional dispute resolution process. According to the provisions of Article 21 of the Law on Commercial Arbitration, arbitrators have the following obligations:

• First of all, the arbitrator must keep the content of the dispute he or she is resolving absolutely confidential, protecting the privacy and interests of the parties involved. However, they are obliged to provide information to competent state agencies when requested according to law.
• In addition, the arbitrator must ensure the resolution of disputes impartially, without favoring any party, and maintain objectivity and independence throughout the trial process. They are also responsible for handling the case quickly and promptly, helping to save time and costs for the parties, while ensuring that justice is served promptly.
• Finally, arbitrators must strictly adhere to professional ethics, including maintaining integrity, honesty, and respect for the law and relevant parties.

Full implementation of these obligations not only ensures the fairness and effectiveness of the dispute resolution process, but also contributes to building community trust in the arbitration system, promoting its use. arbitration as an effective method of dispute resolution, and ultimately contributes to the development of a healthy and stable business environment.

Conditions and standards to become an arbitrator

To become an arbitrator in Vietnam, individuals must meet strict conditions as prescribed by law. Accordingly:

• They must have full civil act capacity according to the provisions of the Civil Code.
• Arbitrators must have a university degree or higher and at least 5 years of experience in the field of training.
• In special cases, experts with high professional qualifications and a lot of practical experience, although not meeting the above requirements, can still be selected as Arbitrators.

Legal basis: Article 20 of the Law on Commercial Arbitration 2010.

Commercial arbitration requires solid legal knowledge, especially in the field of international trade and investment. They must have a deep understanding of the provisions of the Commercial Arbitration Law and related legal documents.

Arbitrators need to have the skills to analyze and evaluate evidence and make accurate and fair decisions. In addition, arbitrators must ensure independence, objectivity and compliance with professional ethics. They cannot be Judges, Procurators, Investigators, or competent officials in the People’s Court or People’s Procuracy.

Arbitrators must be trained in dispute resolution skills and have an arbitrator practice certificate according to regulations of the competent authority. Arbitrators need to have good communication, persuasion and mediation skills.

They must be fluent in at least one foreign language to serve international dispute resolution. Arbitrators need to have reputation, good professional ethics and no criminal record. They must commit to complying with the Code of Professional Ethics of Arbitrators.

To maintain the status of an arbitrator, an individual must regularly update legal knowledge and participate in training and professional development courses.

They must ensure objectivity and impartiality during their practice and not violate regulations on professional ethics. Arbitrators may be suspended if they seriously violate the provisions of law.

Consulting services on dispute resolution in commercial arbitration

Long Phan provides in-depth consulting services on dispute resolution in commercial arbitration. This service includes:

• Consulting on the order and procedures of dispute resolution at commercial arbitration;
• Support with necessary documents and records;
• Consulting and supporting clients in drafting arbitration agreements and selecting arbitrators with expertise appropriate to the nature of the case;
• Consulting to support clients in collecting and evaluating evidence and building effective dispute resolution strategies;
• Join customers in dispute resolution meetings.

Arbitrators play a decisive role in resolving commercial disputes. They exercise their rights and obligations according to the law, ensuring fairness in the proceedings. To become an arbitrator, an individual needs to meet professional and ethical standards. Long Phan provides in-depth consulting services on commercial arbitration. Please contact us via hotline 0906.735.386 for support