1/ Conditions for dispute settlement by commercial arbitration.

The parties to the contract must have an agreement when a dispute occurs in the contract, it will be resolved by arbitration, this agreement can be made before or after the dispute arises.

2/ Procedures for settling contract disputes by commercial arbitration

When implementing dispute resolution by arbitration, the parties will have to go through the following processes and procedures:

Step 1: Submit the petition and supporting documents.

Step 2: Defendant filed a defense

When the plaintiff sends the lawsuit petition and attached documents to the Arbitration Center, it must also send to the respondent a complete set of documents including the petition and attached documents. After the plaintiff files the lawsuit petition and accompanying documents, within 30 days from the date of receipt of the lawsuit petition and accompanying documents, the respondent must send the self-defense statement to the Arbitration Center or the Arbitrator, Depending on the case, the dispute is resolved by the Arbitration Center or the ad hoc arbitration.

Step 3: Establishment of the Arbitration Council

Step 4: Reconcile

Similar to the settlement of disputes at Court, when settling disputes by Arbitration, the conciliation procedures between the parties will also be performed by the Arbitration Council before conducting the resolution meeting.

At the request of the parties, the arbitration council shall conduct conciliation so that the parties can reach agreement on the settlement of the dispute. When the parties reach an agreement on the settlement of the dispute, the arbitration council shall make a record of successful conciliation signed by the parties and certified by the arbitrators. The arbitral tribunal shall issue a decision to recognize the agreement of the parties. This decision is final and has the same validity as an arbitral award.

Step 5: Open a dispute resolution session

Dispute settlement meetings shall be conducted in public, unless otherwise agreed by the parties.

The parties may directly or authorize a representative to attend the meeting to resolve the dispute; has the right to invite witnesses and defend his/her legitimate rights and interests.

In case of agreement of the parties, the Arbitral Tribunal may allow other persons to attend the dispute resolution session.

The order and procedures for conducting a dispute settlement meeting shall be prescribed by the arbitration center rules of arbitration proceedings; for ad hoc arbitration as agreed by the parties.

Step 6: The arbitral tribunal issues the award. 

- Based on the results of the dispute settlement session, based on the presentation and defense of the parties, the arbitral tribunal will issue an award based on the following principles: 

- The arbitral tribunal shall issue an arbitral award by voting on the principle of majority. 

- In case the vote fails to reach a majority, the arbitral award shall be made according to the opinion of the Chairman of the Arbitral Council.

​>>> Read more: The dispute settlement of commercial contract by court 

3/ Apolo Lawyers supports legal services regarding dispute settlement of commercial contract by arbitration 

- Advising on the rights and obligations of the parties in the contractual relationship; 

- Consulting to determine the basis for dispute settlement and the legal basis for dispute settlement; 

- Consulting, preparing to contact and negotiating with related parties in the settlement of contract disputes; 

- Organizing negotiation and conciliation of contract dispute parties, represent clients in negotiation and conciliation; 

- Exchanging and guiding customers to collect documents and evidence, provide information; 

- Authorized representative lawyers meet and discuss with Arbitration agencies, Courts, and judgment enforcement agencies to protect the legal rights and obligations of clients.

- As a legal consultant, always accompanying investors in business activities in Vietnam, over the past year, Apolo Lawyers has continuously advised and supported foreign investors on the plan as well with many experienced years in drafting and consulting specific contracts in Vietnam.