CANCELLATION OF THE ARBITRATION AWARD UNDER VIETNAMESE LAW

Legal basis:

– Law on Commercial Arbitration 2010;

– Resolution No. 01/2014/NQ-HDTP.

Within 30 days from the date of receiving the arbitration award, if a party has sufficient grounds to prove that there is a basis to cancel the arbitration award, they have the right to make a request to cancel it.

1. Grounds for cancellation of the arbitration award

The arbitration award will be cancelled in any of the following cases:

– There is no arbitration agreement or the arbitration agreement is invalid;

– The composition of the Arbitration Council and or procedures of arbitration proceedings is/are inconsistent with the parties’ agreement or contrary to the provisions of the Law on Commercial Arbitration 2010;

– The dispute is not under the jurisdiction of the Arbitration Council; In case that an arbitral award contains the details falling beyond the arbitration council’s jurisdiction, such details shall be cancelled;

– The evidence provided by the parties that the Arbitral Council based on to issue the award is counterfeit; The arbitrator receives money, properties or other material benefits from a disputing party, which affects the objectivity and fairness of the arbitration award;

– The arbitration award is contrary to the fundamental principles of Vietnamese law.

2. Authority to cancel arbitration awards

The requesting party submits a request to cancel the arbitration award to the People’s Court of Provinces which is the only agency with authority to cancel the arbitration award in Vietnam. The competent court is determined as follows:

– The place where the Arbitration Council resolves disputes;

– The place where the Arbitral Council made the decision and the place where the Arbitral Council announced the arbitration award;

– In case the place where the Arbitral Council made the decision or where Arbitral Council announced the award was conducted abroad, the Court with jurisdiction is the Court of residence or the place where the defendant is headquartered in Vietnam. In case the defendant has a residence or headquarters abroad, the Court with jurisdiction is the Court of the plaintiff’s residence or headquarters.

3. Fee for requesting cancellation of arbitration award

According to Resolution No. 326/2016/UBTVQH14, the fee for requesting the Court to review the decision of the Arbitration Council is 500.000 VND.