The world is entering a period of integration, resulting in more and more disputes arising in international trade. Accordingly, to resolve disputes in international commercial contracts, when a dispute arises, the parties involved will often request the parties at an arbitration center to resolve the dispute for them by filing a claim to claim the dispute. their legitimate rights and interests. From those Claims and related documents, the arbitration body will resolve the dispute between the parties. So what is a major claim? Viet An Law has published an article on Request for Arbitration (or Arbitration Claim) in Vietnam.
- Law on Commercial Arbitration 2010.
What is a Request for Arbitration?
Pursuant to the provisions of Clause 1, Article 3 of the Law on Commercial Arbitration 2010, commercial arbitration is a method of dispute settlement agreed upon by the parties and conducted in accordance with the current law on arbitration. Accordingly, conditions for resolving disputes by arbitration must meet the following conditions:
- Disputes are resolved by Arbitration if the parties have an arbitration agreement. This agreement can be made before or after a dispute arises.
- In case a party to the arbitration agreement who is an individual dies or loses legal capacity, the arbitration agreement remains valid for that person’s heirs or legal representatives, unless the parties have other agreements.
- In case a party to the arbitration agreement is an organization that must terminate its operations, go bankrupt, dissolve or convert its organizational form, etc., the arbitration agreement will still be valid for the receiving organization. and obligations of that organization, unless otherwise agreed by the parties.
Request for Arbitration dossier
To be able to initiate arbitration, you need to prepare the following documents:
- Arbitration Agreement.
- Documents related to the work.
- Legal or personal documents proving the requester’s right to sue.
- Request for Arbitration (or Arbitration Claim).
- Quantity: 01 set.
The claim will include the following contents:
- Date, month and year of filing the claim.
- Names and addresses of relevant parties.
- Name and address of the witness (if any).
- Must summarize the content of the dispute.
- Basis and evidence for claim (if any).
- The specific requirements of the claimant and the value of the dispute.
- Name and address of the person chosen by the claimant as an arbitrator or requesting appointment of an Arbitrator.
Request for Arbitration form
The form and content of the Commercial Arbitration Claim must fully comply with the provisions of current law. The claimant can prepare his own Arbitration Claim but must fully satisfy the form and content according to the law and relevant legal documents.
You can refer to the Claim issued by the VIAC Arbitration Center in the form below:
Procedures for initiating claims at arbitration centers
After fully preparing the claim documents at the arbitration center, you will need to follow these steps:
- The person who requests submits the application and claim documents at the arbitration center.
- The arbitration center receives the Claim. Request correction or supplementation if the dossier is not valid and complete. If the application is valid and in accordance with the law, the application will be accepted.
- Accept claim documents.
- The arbitration center sends the Defendant a copy of the Claim and accompanying documents.
- Notify the case resolution schedule of the Claimant, Defendant, and relevant people.
Note when drafting the Request for Arbitration
When drafting a Claim, you need to pay attention to the following issues:
- Must summarize the content of the case briefly and objectively and fully present the grounds to prove that the claimant’s legitimate rights and interests have been violated so that the Arbitration Council can grasp the content of the dispute between the parties. parties from which to determine the grounds to consider and resolve the case.
- Present in detail and accurately the data, debts, and compensation included in the contract (currencies such as Vietnamese Dong, and US Dollar… must be presented accurately), especially paying attention to the total value of the dispute because this is an important basis for determining the arbitration fee.
- Present fully and accurately the information of the Arbitrator appointed by the Claimant.
- The claimant must submit the Arbitration Agreement, accompanying evidence documents, and other relevant documents with the Claim to prove that his request is well-founded and legal.
- After preparing and sending the Claim, if the parties do not agree otherwise or the arbitration center’s procedural rules do not provide otherwise, within 10 days from the date of receipt of the Claim together with the relevant documents. Attached documents and payment of arbitration fee advance, the Arbitration Center will send to the respondent a copy of the claimant’s Claim and the arbitration agreement or the original or copies of relevant documents.
Some questions about the Request for Arbitration
What forms of dispute resolution by arbitration are there?
Due to the increasing demand for dispute resolution, the current law provides that the parties to a dispute can choose the following form of dispute resolution:
- Resolve disputes at an arbitration center and according to the procedural rules of that arbitration center (known as institutional arbitration).
- Or the parties can appoint their own Arbitrators and agree on procedural rules according to law (known as ad-hoc arbitration).
Depending on the form of dispute resolution chosen by the parties, the method of filing a claim will also be different.
What methods are there to file an Arbitration Claim?
After preparing the claim documents, the claimant can submit the claim documents as follows:
- In case the dispute is resolved by ad hoc arbitration, the claimant must send the claim file to the defendant. Next, the respondent will send the defense to the Claimer and appoint an Arbitrator. At that time, the Arbitral Tribunal that is established will consider the claim files and Statement of Defense.
- In case of dispute resolution by arbitration, the claimant can submit the claim documents to the arbitration center by the following two methods: Submit directly at the arbitration center or send to the arbitration center by postal service.
How long is the statute of limitations for filing a claim?
According to the provisions of Article 33 of the Law on Commercial Arbitration, the statute of limitations for initiating a claim under commercial arbitration procedures is 02 years from the time legitimate rights and interests are violated unless otherwise prescribed by specialized laws. Therefore, the parties to the contract need to pay attention to the statute of limitations for filing a claim so as not to lose the right to sue due to the expiration of the statute of limitations.
How long is the time limit for initiating a claim to resolve a dispute?
The time limit for resolving disputes by arbitration will be within 07 days from the date of receipt of complete and valid documents. In case the dossier is valid, the arbitration party will notify the arbitration center’s acceptance to the relevant parties. In case the dossier is invalid, the arbitrator will notify the refusal of the Claim and clearly state the reason for the refusal.
Does the losing party have to pay arbitration fees?
According to the provisions of Clause 3, Article 34 of the Law on Commercial Arbitration 2010, the losing party will have to pay the arbitration fee, unless the parties stipulate or otherwise agree.
Clients who need to draft a Request for Arbitration or advise on dispute resolution by commercial arbitration, please contact Viet An Law Firm for our best support!