The Bigboss International Commercial Arbitration Center’s Arbitration Rules (“Rules”) apply to the settlement of disputes at BBIAC. The Rules are applicable to arbitration disputes commencing 1 July 2023.

Vietnamese and English are the official languages of the 2023 BBIAC Commercial Arbitration Rules. In the event of any discrepancy or inconsistency between the Vietnamese and English versions and other language versions of the BBIAC. This rule, Vietnamese and English versions will apply.

Rules of arbitration proceedings

Article 1. Scope of application

The Rules of Arbitration of the Bigboss International Commercial Arbitration Centre (“Rules”) shall apply in the following cases:

  1. Resolve disputes at the Bigboss International Commercial Arbitration Center (“BIGBOSS INTERNATIONAL”).
  2. In the event that the parties agree that the dispute is resolved by BIGBOSS INTERNATIONAL or the dispute is resolved by arbitration in accordance with BIGBOSS INTERNATIONAL’s Rules of Procedure, the parties are deemed to have agreed to the jurisdiction of the dispute under BIGBOSS INTERNATIONAL and in accordance with these Rules.
  3. This Rule shall apply to the settlement of disputes whose arbitration proceedings commenced from the date of promulgation, unless otherwise agreed by the parties.

Article 2. Interpretation of words

  1. “BIGBOSS INTERNATIONAL” means the Bigboss International Commercial Arbitration Center.
  2. “Arbitral Tribunal” means the arbitral tribunal established under these Rules, consisting of three arbitrators or a single arbitrator.
  3. “Dispute with foreign elements” means a dispute defined as a dispute with foreign elements in accordance with Vietnamese law.
  4. “List of Arbitrators” means the List of Arbitrators of BIGBOSS INTERNATIONAL.
  5. “Claimants” means one or more Claimants.
  6. “Defendants” includes one or more Defendants.

Article 3. Dispute resolution jurisdiction of BIGBOSS INTERNATIONAL

BIGBOSS INTERNATIONAL resolves the following types of disputes:

  1. Disputes between parties arising from commercial activities.
  2. Disputes arise between parties in which at least one party has commercial activities.
  3. Other disputes between the parties provided for by law shall be settled by commercial arbitration.

Article 4. Applicable law Dispute Resolution

  1. For disputes without foreign elements, the Arbitral Tribunal shall apply Vietnamese law to settle the dispute.
  2. For disputes involving foreign elements, the Arbitral Tribunal shall apply laws agreed upon by the parties; in case the parties do not agree on applicable law, the arbitral tribunal shall decide to apply the law that the arbitral tribunal deems most appropriate.
  3. The arbitral tribunal may adopt appropriate practice to resolve disputes.
  4. In all cases, the arbitral tribunal must consider the terms of the contract, if any, in order to resolve the dispute.

Article 5. Venue of arbitration

  1. The venue of arbitration shall be agreed upon by the parties. In case the parties do not reach an agreement, the Arbitral Tribunal shall decide on the venue that the Arbitral Tribunal deems most suitable.
  2. Unless otherwise agreed by the parties, the arbitral tribunal may hold the meeting by the method it deems most appropriate.

Article 6. Arbitration Language

  1. For disputes without foreign elements, the language used in the arbitration proceedings is Vietnamese.
  2. For disputes involving foreign elements or disputes in which at least one party is a foreign-invested enterprise, the language used in the arbitration proceedings shall be agreed upon by the parties. Where the parties do not reach an agreement, the language of arbitration shall be decided by the Arbitral Tribunal, taking into account relevant factors including the language of the contract.
  3. If the document is prepared in a language other than the language of arbitration, the Arbitral Tribunal or BIGBOSS INTERNATIONAL, in case the Arbitral Tribunal has not yet been established, may request a party or parties to provide a translation.

Article 7. Disputes from multiple contracts

Claims arising out of or relating to more than one contract may be included in one Petition to be resolved in a dispute, whether such claims are made on the basis of one or more arbitration agreements. The authority to decide belongs to BIGBOSS INTERNATIONAL.

Article 8. Merge multiple disputes into one dispute

  1. The parties may agree to merge multiple disputes into one dispute. The authority to decide belongs to BIGBOSS INTERNATIONAL.
  2. Unless otherwise agreed by the parties, disputes shall be included in disputes in which arbitration proceedings commence first.

Article 9. Number of Dispute Resolution Arbitrators

  1. Disputes shall be settled by an arbitral tribunal consisting of sole arbitrators or three arbitrators by agreement of the parties.
  2. In case the parties do not agree the dispute is settled by an arbitral tribunal consisting of sole arbitrators, the dispute shall be settled by an arbitral tribunal consisting of three arbitrators.

Article 10. Commencement of arbitration proceedings

Unless otherwise agreed by the parties, the arbitration proceedings shall commence from the date BIGBOSS INTERNATIONAL receives the Claimant’s Petition in accordance with Article 14 of these Rules.

Article 11. The sending of notices and documents; How to calculate the deadline

  1. Notice, documents sent by one party to BIGBOSS INTERNATIONAL must be sufficient for  BIGBOSS INTERNATIONAL to send one copy to the  members of the Arbitration Panel one copy each, the other party in the dispute one copy and one copy stored at BIGBOSS
  2. Notices and documents are sent by BIGBOSS International to the parties or their representatives at the address provided by the parties and may be sent by direct delivery, registered mail, email, fax or any other method where such delivery is recorded.
  3. Notices and documents sent by BIGBOSS International to the parties shall be deemed to have been received on the date received by the parties or their representatives, or deemed to have been received if such notice or documents have been sent in accordance with paragraph 2 of this Article.
  4. The time limit specified in this Rule shall be calculated from the day following the date on which the notification or document is considered to have been received according to the provisions of Clause 3 of this Article. If the following day is not a business day as prescribed by the destination country or territory, this period begins to be counted from the next first working day. If the last day of the deadline is not the specified working day of the destination country or territory, it ends at the end of the next first working day.

Article 12. Participation in arbitration proceedings

  1. The parties may directly participate or duly authorize the representative to participate in the arbitration proceedings.
  2. The Arbitral Tribunal or BIGBOSS INTERNATIONAL, if an arbitral tribunal has not yet been established, has the right to request the parties to provide evidence proving the competence of the participant in the arbitration proceedings.
  3. In case a party to the arbitration proceedings being an individual dies or loses its behavioral capacity, the arbitral proceedings shall comply with the provisions of Clause 1.1, Article 29 of this Rule, unless otherwise agreed by the parties.
  4. In case a party to the arbitration proceedings being an organization terminates its operation, goes bankrupt, dissolves, consolidates, merges, divides, separates or converts the organizational form, the arbitration proceedings shall comply with the provisions of Clause 1.2, Article 29 of this Rule, unless otherwise agreed by the parties.

Article 13. Loss of right to object

In the event that a party discovers violations of the provisions of arbitration law or of this Rule or of the arbitration agreement but continues to conduct arbitration proceedings and does not object to such violations within the time limit prescribed by relevant law or these Rules,  then loses the right to object. For cases where the time limit for objection is not specified, the objection must be raised no later than the time when the arbitral tribunal declares the dispute settlement session to be final, unless the parties agree otherwise on the time limit.

Article 14. Petition

  1. The petition must include the following principal contents:

1.1. Date, month and year of filing the petition;

1.2. Names and addresses of the Plaintiff and Defendant;

1.3. Name and address of the witness, if any;

1.4. Summary of the dispute;

1.5. Grounds for initiating lawsuits;

1.6. The value of the dispute and the plaintiff’s specific claims;

1.7. Name of Arbitrator selected by the Claimant or requested by BIGBOSS INTERNATIONAL to appoint an Arbitrator in accordance with Article 1 Article 18 of these Rules;

1.8. Signature of the Legal Representative or of the Authorized Representative in case the Plaintiff is an organization; signature of the Plaintiff personally or of an Authorized Representative in case the Plaintiff is an individual.

  1. Accompanying the Petition must be an arbitration agreement, originals or copies of relevant documents.
  2. The petition and accompanying documents must be sent in sufficient copies as prescribed in Clause 1, Article 11 of these Rules.

Article 15. File a Notice and Petition

Within 07 days from the date of receipt of the Petition, other relevant documents and arbitration fees as stipulated in Clause 1, Article 37 of these Rules, BIGBOSS INTERNATIONAL shall send to the Respondent a Notice, Petition and related documents, unless otherwise agreed by the parties.

Article 16. Self-protection

  1. Within 30 days from the date of receipt of the Notice, Petition and related documents from BIGBOSS INTERNATIONAL, the Defendant must send to BIGBOSS INTERNATIONAL a Self-Defense, unless otherwise agreed by the parties.
  2. The self-protection report must include the following principal contents:

2.1. Date, month and year of making the Self-Protection Report;

2.2. Name and address of the Defendant;

2.3. Name and address of the witness, if any;

2.4. Grounds and evidence for self-defense;

2.5. Name of the Arbitrator selected by the Respondent or requested by BIGBOSS INTERNATIONAL to appoint an Arbitrator in accordance with clause 2 of Article 18 of these Rules.

2.6. Signature of the legal representative or of the authorized representative in case the Defendant is an organization; signature of the Individual Defendant or Authorized Representative of the Defendant in case the Defendant is an individual.

  1. In case the Respondent contends that the dispute is not within the jurisdiction of the arbitrator, there is no arbitration agreement, the arbitration agreement is void or the arbitration agreement is unenforceable, the Respondent must state the objection in the Self-Defense. If the Respondent fails to state an objection in the Self-Defense, the Respondent loses the right to object, in which case the Respondent must still select an Arbitrator or request BIGBOSS INTERNATIONAL to appoint an Arbitrator.
  2. In the event of a request to extend the time limit for submitting a Self-Defence Report, the Respondent shall still select an Arbitrator or request BIGBOSS INTERNATIONAL to appoint an Arbitrator within the 30 days stipulated in Clause 1 of this Article.
  3. At the request of the Defendant, the time limit for sending the Defendant’s Self-Defense Statement may be extended by BIGBOSS International on a case-by-case basis but not exceeding 30 days from the expiry of the time limit specified in Clause 1 of this Article. The request for extension must be made in writing and sent to BIGBOSS INTERNATIONAL within the time limit specified in Clause 1 of this Article.
  4. The self-protection copy and accompanying documents must be sent in sufficient numbers as prescribed in Clause 1, Article 11 of this Code.
  5. In case the Respondent fails to file a self-defense within the time limit specified in this Article, the arbitration proceedings shall proceed.

Article 17. Defendant’s Repetition

  1. The Defendant has the right to sue the Plaintiff again on matters relevant to the dispute. The suit must again be based on the arbitration agreement upon which the Claimant sued the Defendant. The repetition must be filed in separate writing, independent of the Self-Defense. The complaint must be filed again with BIGBOSS INTERNATIONAL at the same time the Self-Defense Statement is submitted.
  2. A re-lawsuit must include the following principal contents:

2.1. Date, month and year of application;

2.2. Names and addresses of the Plaintiff and Defendant;

2.3. Name and address of the witness, if any;

2.4. Summary of the contents of the lawsuit;

2.5. Basis and evidence of re-lawsuit;

2.6. The value of the re-suit and other specific claims of the Defendant.

2.7. Signature of the legal representative or of the authorized representative in case the Defendant is an organization; signature of the individual Defendant or Authorized Representative in case the Defendant is an individual.

  1. The re-petition and accompanying documents must make sufficient copies as prescribed in Clause 1, Article 11 of this Code.
  2. Unless otherwise agreed by the parties on the time limit, within 07 days from the date BIGBOSS INTERNATIONAL receives the Re-Claim, accompanying documents and arbitration fees as prescribed in Clause 2, Article 37 of these Rules, BIGBOSS INTERNATIONAL sends to the Plaintiff a Notice,  Repetition and related documents.
  3. Unless otherwise agreed by the parties, within 30 days from the date of receipt of the Notice, Reclaim and accompanying documents submitted by BIGBOSS INTERNATIONAL , the Claimant shall send to BIGBOSS INTERNATIONAL a Self-Defense Statement against the Reclaim. Self-protection copies must be sent in sufficient numbers as prescribed in Clause 1, Article 11 of this Code.
  4. At the request of the Claimant, the time limit for submitting the Plaintiff’s Self-Defense Statement against the Lawsuit may be extended by BIGBOSS International on a case-by-case basis but not exceeding 30 days from the expiry of the time limit specified in Clause 5 of this Article. The request for extension must be made in writing and sent to BIGBOSS INTERNATIONAL within the time limit specified in Clause 5 of this Article.
  5. The Claimant was again resolved by the Arbitral Tribunal that dealt with the Claimant’s Petition and was resolved simultaneously with the Claimant’s Petition.

Article 18. Establishment of an arbitral tribunal consisting of three arbitrators

  1. Unless otherwise agreed by the parties, Claimants must select or request that BIGBOSS INTERNATIONAL appoint an Arbitrator. In the event of a dispute involving multiple Claimants, the Claimants must unanimously select an Arbitrator and notify BIGBOSS INTERNATIONAL, or unanimously request BIGBOSS INTERNATIONAL to appoint an Arbitrator. In the event that the person selected as the Arbitrator is not named in the List of Arbitrators, the Claimant must inform BIGBOSS INTERNATIONAL of  the contact information of such Arbitrator.

In case the Claimant requests BIGBOSS INTERNATIONAL to appoint an Arbitrator,  within 07 days from the date of receipt of this request, the President of BIGBOSS INTERNATIONAL shall issue a decision to appoint an Arbitrator for the Claimant.

  1. Unless otherwise agreed by the parties, within 30 days of receipt of the Claimant’s Petition and accompanying documents submitted by BIGBOSS INTERNATIONAL, the Defendant shall notify  BIGBOSS INTERNATIONAL of the  name of the Arbitrator chosen by the Defendant or request BIGBOSS INTERNATIONAL to  appoint an Arbitrator. In the event of a dispute involving multiple Respondents, the Respondents must unanimously select an Arbitrator or unanimously request BIGBOSS INTERNATIONAL to appoint an Arbitrator. In the event that the person selected as the Arbitrator is not on the List of Arbitrators, the Respondent shall inform BIGBOSS INTERNATIONAL of  the contact information of such Arbitrator

In case the Respondent does not select an Arbitrator and does not request BIGBOSS INTERNATIONAL to appoint an  Arbitrator, within 07 days from the expiry of the period specified in this Clause, the President of BIGBOSS INTERNATIONAL shall issue a decision to appoint an Arbitrator for the Respondent.

In case the Respondent requests BIGBOSS INTERNATIONAL to appoint an Arbitrator,  within 07 days from the date of receipt of this request, the President of BIGBOSS INTERNATIONAL shall issue a decision to appoint an Arbitrator for the Respondent.

  1. President of the Arbitral Tribunal

3.1. Unless otherwise agreed by the parties, within 07 days from the date on which the Respondent’s Arbitrator receives the notice of being selected or appointed as an Arbitrator, the selected or appointed Arbitrators must elect a third Arbitrator as the Chairman of the Arbitral Tribunal and notify BIGBOSS INTERNATIONAL.

3.2. Within 05 days from the expiry of the time limit specified in Point 3.1, Clause 3 of this Article, if BIGBOSS INTERNATIONAL does not receive the notice of election of the Chairman of the Arbitral Tribunal or the notice of the election of the Chairman of the Arbitral  Tribunal cannot be implemented, the President  of BIGBOSS INTERNATIONAL shall appoint the Chairman of the Arbitral Tribunal.

  1. In case of appointment of an Arbitrator as stipulated in Clauses 1, 2 and 3 of this Article and Article 19 of these Rules, the President of BIGBOSS INTERNATIONAL shall consider the necessary qualifications of the Arbitrator as agreed by the parties if any and in accordance with these Rules, and consider selecting an Arbitrator with sufficient time to resolve the dispute effectively.
  2. Within 05 days from the date on which the Arbitral Tribunal is established in accordance with the provisions of this Article and Article 19 of these Rules, BIGBOSS INTERNATIONAL must notify the parties in writing of the establishment of the Arbitral Tribunal.

Article 19. Establishment of an arbitral tribunal consisting of sole arbitrators

  1. In the event that the parties agree that the dispute shall be settled by the sole Arbitrator, within 30 days from the date on which the Respondent receives the Notice, Petition and other relevant documents, the parties must unanimously select the sole Arbitrator or request BIGBOSS INTERNATIONAL to appoint the sole Arbitrator and shall notify BIGBOSS INTERNATIONAL within this period. In the event that the person selected by the parties as the sole Arbitrator is not on the List of Arbitrators, the parties shall inform BIGBOSS INTERNATIONAL of  the contact information of such Arbitrator.
  2. In case the parties request BIGBOSS INTERNATIONAL to appoint the sole Arbitrator, within 07 days from the date of receipt of this request, the President of BIGBOSS INTERNATIONAL shall issue a decision to appoint a sole Arbitrator for the parties.
  3. In case BIGBOSS INTERNATIONAL does not receive notice from the parties about the selection  of the sole Arbitrator or requests BIGBOSS INTERNATIONAL to appoint the sole  Arbitrator within the time limit specified in Clause 1 of this Article, the President  of BIGBOSS INTERNATIONAL shall issue a decision to appoint the sole Arbitrator within 07 days from the end of this period.

Article 20. Withdraw the Petition or Repetition; amending and supplementing petitions, re-petitions, self-defense sheets

  1. Before the arbitral tribunal issues an arbitral award, the parties have the right to withdraw the Petition, Supplementary Petition, Re-Petition, Additional Re-Suit.
  2. During the arbitration proceedings, the parties may amend and supplement the Petition, Re-Lawsuit and Self-Defense Statement before the end of the Dispute Settlement Session. The arbitral tribunal reserves the right not to accept these amendments or supplements if it considers that such work is abused in order to cause difficulties, delay the issuance of the arbitral award or exceed the scope of the arbitration agreement.

Article 21. General Provisions for Arbitrators

  1. Upon receipt of notice of being selected or appointed as an Arbitrator and during arbitral proceedings, the person selected or appointed as an Arbitrator shall promptly notify BIGBOSS INTERNATIONAL of any facts that may raise doubts about impartiality, its independence and objectivity to BIGBOSS INTERNATIONAL to inform the parties.
  2. The arbitrator may not act as counsel for any party.
  3. A person selected or appointed as an arbitrator may not act as an arbitrator in the following cases:

3.1 Being a relative or representative of a party.

3.2 There is a relevant interest in the dispute.

3.3 Have been a mediator, representative, lawyer of any party in the dispute itself being resolved at BIGBOSS INTERNATIONAL, unless the parties agree in writing.

3.4 There are clear grounds to show that the Arbitrator is not impartial, independent or impartial.

3.5 Failure to meet the specific standard agreed upon by the parties.

3.6 Failure to meet the standard under applicable arbitration law.

  1. During the arbitration proceedings, the arbitrator shall not meet or communicate privately with any party; neither party shall meet or communicate privately with the Arbitrator to discuss matters relating to the dispute.
  2. Where the parties agree on a specific standard of an Arbitrator, the Arbitrator shall be deemed to meet that criterion, unless within 15 days from the date of receipt of notice of the chosen or appointed Arbitrator, a party requests a change of Arbitrator on the grounds that such Arbitrator is unqualified that the parties have agreed upon. The change of Arbitrator in this case shall comply with the provisions of Article 22 of these Rules.
  3. Upon receiving notice of being selected or appointed as an arbitrator, the arbitrator shall refuse to accept dispute settlement if he or she considers himself incapable of professional, time and health to ensure the most effective dispute settlement.

Article 22. Change of Arbitrator

  1. The arbitrator must refuse to settle the dispute, the parties have the right to request a change of arbitrator if the arbitrator falls into one of the cases specified in Clause 3, Article 21 of these Rules.
  2. The Arbitrator’s Notice of Disclaimer, Application for Change of Arbitrator by one party or parties must be sent to BIGBOSS INTERNATIONAL in writing.
  3. In case the Arbitral Tribunal has not been established, the change of Arbitrator shall be decided by the President of BIGBOSS INTERNATIONAL .

Where an Arbitral Tribunal has been established, the change of Arbitrator shall be decided by the remaining members of the Arbitral Tribunal. In case the remaining members of the Arbitral Tribunal fail to decide or if the Arbitrators or Sole Arbitrators refuse to resolve the dispute, the President of BIGBOSS INTERNATIONAL shall decide on the change of Arbitrator.

  1. In case the remaining members of the Arbitral Tribunal or the President of BIGBOSS INTERNATIONAL decide to change the Arbitrator, a replacement arbitrator shall be selected or appointed in accordance with the provisions of Article 18 or Article 19 of these Rules. The parties may not re-select the altered Arbitrator, the President of BIGBOSS INTERNATIONAL may not reappoint the altered Arbitrator.

In case the remaining members of the Arbitration Council or the President of BIGBOSS INTERNATIONAL decide not to change the Arbitrator  , this Arbitrator must continue to resolve the dispute.

  1. The decision of the President of BIGBOSS INTERNATIONAL or the decision of the remaining members of the Arbitral Tribunal to change the Arbitrator may not state the basis for the decision. This decision is final.
  2. BIGBOSS INTERNATIONAL or the Arbitral Tribunal may fix the costs arising from the change of Arbitrator and decide whether one party or parties shall bear such costs.
  3. In case the arbitrator due to force majeure events or objective obstacles cannot continue to participate in dispute settlement or is changed, the selection and appointment of a replacement arbitrator shall comply with the order and procedures specified in Article 18 or Article 19 of this Rule.
  4. The arbitral tribunal established after the change of arbitrator may reconsider matters raised at previous dispute settlement meetings of the arbitral tribunal, in consultation with the parties.

Article 23. Review of the competence of the Arbitral Tribunal

  1. The arbitral tribunal has the authority to decide on the competence of the arbitral tribunal itself, even in case of objections to the existence or validity of the arbitration agreement.
  2. Before considering the substance of the dispute, the arbitral tribunal must consider the existence of the arbitration agreement, the validity of the arbitration agreement, whether the arbitration agreement is enforceable and consider the scope of the arbitral tribunal’s jurisdiction, whether or not there is a party complaint on these issues. In case the arbitral tribunal considers that the arbitration agreement exists, the arbitration agreement is valid and the arbitration agreement is enforceable, the arbitral tribunal shall continue to settle the dispute.

In case the arbitral tribunal considers that the arbitration agreement does not exist or the arbitration agreement is invalid or the arbitration agreement is unenforceable, the arbitral tribunal shall issue a decision to suspend settlement of the dispute.

  1. The arbitral tribunal may separately issue a decision on the competence of the arbitral tribunal or decide on the issue of the arbitral tribunal’s competence in the arbitral award.
  2. The decision of the arbitral tribunal on the invalidity of the contract does not invalidate the arbitration agreement.
  3. In the process of dispute settlement, if it is found that the Arbitral Tribunal exceeds its competence, the parties have the right to complain to the Arbitral Tribunal. The Arbitral Tribunal must consider and decide.

Article 24. Competence to verify facts of the Arbitral Tribunal

In the course of dispute settlement, if it deems it necessary, the arbitral tribunal has the right to meet or confer with one party in the presence of the other party in an appropriate form, in order to clarify relevant documents. The arbitral tribunal may, by itself or at the request of one or more parties, find out the facts from a third person, in the presence of the parties or after having notified the parties.

Article 25. Provide evidence and collect evidence

  1. The parties are obliged to provide evidence to the arbitral tribunal to prove the facts related to the disputed content. The arbitral tribunal has the right to request the parties to provide evidence.
  2. At the request of one or the parties, the arbitral tribunal has the right to request witnesses to provide information and documents related to the dispute settlement.
  3. The arbitral tribunal shall, by itself or at the request of one or the parties, have the right to solicit an assessment and valuation of assets in the dispute as a basis for dispute settlement. Assessment and valuation costs shall be paid by the party requesting assessment or valuation or allocated by the Arbitral Tribunal.
  4. The arbitral tribunal shall, on its own or at the request of one or more parties, have the right to consult experts.

The arbitral tribunal has the right to request the parties to provide the expert with relevant information, or to allow the expert access to relevant documents, goods or property.

The expert must submit a written report to the Arbitral Tribunal. Upon receipt of the report, the arbitral tribunal shall send a copy of such report to the parties and request the parties to comment in writing on this report.

Expert costs shall be borne by the party requesting consultations or allocated by the arbitral tribunal, and must be paid within the time limit fixed by the arbitral tribunal. In all cases, if the costs of expert consultation are not paid in full, the arbitral tribunal resolves the dispute on the basis of existing records.

  1. In case the arbitral tribunal, one or the parties have taken necessary measures to collect evidence but still cannot collect it, it may send a written request to the competent court for assistance in accordance with relevant laws.

Article 26. Competence to summon witnesses of the arbitral tribunal

  1. At the request of one or the parties and deeming it necessary, the arbitral tribunal has the right to request witnesses to be present at the dispute settlement meeting. The costs of the witness shall be borne by the party requesting the summoning of the witness or shall be allocated by the arbitral tribunal.
  2. In case a witness has been duly summoned by the arbitral tribunal but does not come to the meeting without a valid reason and this absence interferes with the dispute settlement, the arbitral tribunal may send a written request to the competent court to issue a decision to summon the witness to the dispute settlement meeting.
  3. In case a witness has been duly summoned but is absent, the arbitral tribunal shall decide to postpone the dispute settlement session or still conduct the dispute settlement session on the basis of existing records.

Article 27. Temporary emergency measures

  1. During arbitration proceedings, a party may request the arbitral tribunal or a competent court to apply interim injunctive measures in accordance with relevant laws.
  2. The arbitral tribunal may issue a decision to apply one or more of the following interim injunctive measures to the disputing parties:

2.1. It is forbidden to change the status quo of disputed property;

2.2. Prohibit or compel any disputing party to perform one or certain acts in order to prevent acts that adversely affect the arbitral proceedings;

2.3. Disclosure of disputed assets;

2.4. Demand the preservation, storage, sale or disposition of any property of one or the disputing parties;

2.5. Provisional requests for payment between the parties;

2.6. It is forbidden to transfer property rights to disputed property.

  1. Where a party has requested the court to apply one or more temporary injunctive measures specified in Clause 2 of this Article but subsequently makes an application to the arbitral tribunal to apply temporary injunctive measures, the arbitral tribunal must refuse. The party requesting the Tribunal to impose injunctive relief shall immediately notify the arbitral tribunal of the request.
  2. A request to a court for injunctive relief shall not be considered a waiver of the arbitration agreement or a waiver of arbitration proceedings.
  3. A petition for temporary injunctive relief must specify the requested temporary injunctive measure to be applied, the specific requirements, and the grounds for the need for the temporary injunctive relief.
  4. According to the decision of the arbitral tribunal, the party requesting the application of temporary injunctive measures must fulfill the financial security obligation corresponding to the value of damage that may arise due to the improper application of temporary injunctive measures. Financial security can be made by depositing a sum of money, precious metals, precious stones or valuable papers into a blocked account at a bank decided by the Arbitral Tribunal. The arbitral tribunal must issue a decision on the application of interim injunctive measures after the requesting party has fulfilled its security obligations at the request of the arbitral tribunal.
  5. The party requesting the application of temporary injunctive relief shall be responsible for its request. In case the requesting party improperly applies temporary injunctive measures and causes damage to the other party or a third person, compensation must be paid.
  6. In case of refusal to accept a party’s request for injunctive relief, the arbitral tribunal shall notify the requesting party in writing.
  7. At the request of a party, the arbitral tribunal has the right to consider issuing a decision to change, supplement or cancel temporary injunctive measures at any time during the arbitration proceedings. The arbitral tribunal annuls the interim injunctive measure that has been applied in the following cases:

9.1. The party requesting the application of temporary injunctive measures requests cancellation.

9.2. The party subject to the decision on the application of temporary emergency measures has already deposited the property or has another person take the security measure to enforce the obligation against the requesting party.

9.3. The obligations of the obligor shall be terminated in accordance with relevant laws.

  1. The order and procedures for application, change, supplementation or cancellation of application of temporary emergency measures shall comply with relevant laws.

Article 28. Negotiation, Reconciliation

  1. In case an arbitral tribunal has been established, if the parties negotiate on their own and agree to terminate the dispute settlement, the parties have the right to request the arbitral tribunal to issue a decision to suspend the dispute settlement.
  2. Upon request for mediation by the parties, the Arbitral Tribunal shall conduct mediation. In the event of successful mediation, a record of successful mediation must be made and signed by the parties and signed by the sole Arbitrator or Arbitrator. In this case, the Arbitral Tribunal issues a Decision recognizing the agreement of the parties. The decision recognizing the agreement of the parties has a final validity, binding the parties and takes effect from the date of issuance.

Article 29. Suspension of dispute settlement

  1. The dispute shall be suspended in the following cases:

1.1. Plaintiff or Defendant means a deceased individual whose rights and obligations are not inherited.

1.2. Plaintiff or Defendant means an agency or organization that terminates its operation, goes bankrupt, is dissolved, consolidated, merged, divided, separated or transformed into an organizational form that the rights and obligations of this agency or organization are not received and inherited.

1.3. The Plaintiff withdraws the Petition or is deemed to have withdrawn the Petition in accordance with Clause 1, Article 32 of these Rules, unless the Defendant files a re-complaint.

1.4. The parties agree to terminate the settlement of the dispute.

1.5. When there is a decision on suspension of dispute settlement by the arbitral tribunal as prescribed in Clause 2, Article 23 of this Rule.

  1. In case an Arbitration Council has not been established, the President of BIGBOSS INTERNATIONAL shall issue a decision to suspend dispute settlement. Where an arbitral tribunal has been established, the arbitral tribunal shall issue a decision to suspend dispute settlement.

Article 30. Dispute Resolution Session

  1. The time and place of opening the dispute settlement meeting shall be decided by the Arbitral Tribunal, unless otherwise agreed by the parties.
  2. The summons to attend the first dispute settlement meeting must be sent to the parties at least fifteen days before the opening date of the meeting, unless otherwise agreed by the parties.

In case of adjournment of the meeting, the Arbitral Tribunal shall decide on the date of opening the next meeting, the time limit for sending the summons shall be decided by the Arbitral Tribunal, unless otherwise agreed by the parties.

  1. Unless otherwise agreed by the parties, the dispute settlement meeting shall be conducted non-publicly. The arbitral tribunal reserves the right to take appropriate measures if it considers that a party has violated this provision.

The parties have the right to invite witnesses and defenders of their legitimate rights and interests to attend the dispute settlement meeting, and must notify the arbitral tribunal of the list and legal status of attendees before the date of opening the dispute settlement meeting.

In case it deems it necessary or at the reasonable request of a party or parties, the arbitral tribunal has the right to invite an assessment expert, asset valuer or other expert as prescribed in Article 25 of these Rules to attend the dispute settlement meeting.

  1. The Arbitral Tribunal may conduct a dispute settlement meeting by an appropriate online form if the parties choose this form.
  2. At the dispute settlement meeting, if it considers that the parties no longer have relevant documents and evidence to provide or there is no content of the dispute to be clarified, the Arbitral Tribunal shall declare the dispute settlement meeting as the final session. The Arbitral Tribunal shall not be obliged to consider any additional documents or evidence after the conclusion of the last session, unless otherwise agreed by the parties.

Article 31. Adjournment of the dispute resolution session

  1. In case of good cause, one party or parties may request the Arbitral Tribunal to postpone the dispute settlement session. The request to postpone the dispute settlement meeting must be in writing, clearly stating the reasons, accompanied by evidence and sent to BIGBOSS INTERNATIONAL at least 07 days before the opening date of the dispute settlement meeting. The party requesting the postponement shall bear all costs incurred, if any.

The Arbitral Tribunal considers, decides whether or not to accept the request for adjournment and notifies the parties.

  1. In case of objective obstacles or new circumstances that the arbitral tribunal considers necessary for clarification, the arbitral tribunal may postpone the dispute settlement meeting and promptly notify the parties.
  2. The time limit for adjourning the session shall be decided by the Arbitral Tribunal.

Article 32. The absence of parties

  1. A plaintiff who has been duly summoned to attend a dispute settlement hearing without good reason or leaves the session without the approval of the Arbitral Tribunal is deemed to have withdrawn the Petition. In this case, the Arbitral Tribunal shall continue to resolve the dispute only if the Respondent requests or has a Re-Claim.
  2. If the respondent has been duly summoned to attend the dispute settlement meeting without good reason or leaves the session without the approval of the arbitral tribunal, the arbitral tribunal shall continue to resolve the dispute based on documents and evidence available on record.
  3. In the event of a Re-Claim, if the Respondent has been duly summoned to attend the dispute settlement meeting without good reason or leaves the session without the approval of the Arbitral Tribunal, it is deemed to have withdrawn the Petition. In this case, the Arbitral Tribunal only continues to re-entertain the Claim upon Claimant’s request.
  4. At the request of the parties, the arbitral tribunal may, based on existing documents and evidence, conduct a dispute settlement meeting without the presence of the parties.
  5. The Arbitral Tribunal may conduct a dispute settlement meeting upon request for the absence of a party.

Article 33. Principles of making arbitral awards and decisions of arbitral tribunals

In case the arbitral tribunal consists of three arbitrators, the arbitral award and decisions of the arbitral tribunal shall be made by majority vote. If no majority is reached, the arbitral award and decisions of the arbitral tribunal shall be decided by the President of the arbitral tribunal.

Article 34. Arbitral Award

  1. The arbitral award must be made in writing and contain the following principal contents:

1.1. Date, month, year and place of issuance of the Arbitral Award;

1.2. Names and addresses of the Plaintiff and Defendant;

1.3. Names of Sole Arbitrators or Arbitrators;

1.4. Summary of arbitral proceedings;

1.5. Summary of the Petition and Disputed Issues; summary of the Self-Defense; summary of Reclaims and Disputed Issues;

1.6. Judgment of the Arbitral Tribunal on the competence to settle the dispute;

1.7. Judgment of the Arbitral Tribunal on the content of the dispute;

1.8. Grounds for issuance of the Judgment;

1.9. Dispute settlement results;

1.10. Time limit for enforcement of the Judgment;

1.11. Allocation of arbitration costs and other related expenses;

1.12. Signatures of Sole Arbitrators or Arbitrators.

  1. The arbitral award shall be issued within 30 days from the date of the end of the last session.
  2. When an Arbitrator fails to sign the Arbitral Award, this must be noted in the Arbitral Award. In this case, the Arbitral Award remains valid
  3. The arbitral award is final, binding on the parties and takes effect from the date of issuance.
  4. The arbitral award shall be sent to each Plaintiff and Defendant 01 original copy immediately after its issuance. The parties have the right to request a copy of the Arbitral Award from BIGBOSS INTERNATIONAL and pay the fees prescribed by BIGBOSS INTERNATIONAL.

Article 35. Correction and interpretation of the Arbitral Award; issuance of Additional Arbitral Awards

  1. Unless otherwise agreed by the parties on the time limit, within 30 days from the date of receipt of the Arbitral Award, the parties may request the arbitral tribunal to correct errors in spelling, figures caused by mistake or miscalculation in the arbitral award and must immediately notify the other party. In case the arbitral tribunal considers the request justified and there is evidence that this request has been notified to the other party, the arbitral tribunal must issue a corrective decision within 30 days from the date of receipt of the request.
  2. Within 30 days from the date of issuance of the arbitral award, the arbitral tribunal may take the initiative in making a decision to correct the errors specified in Clause 1 of this Article.
  3. Unless otherwise agreed by the parties on the time limit, within 30 days from the date of receipt of the arbitral award, the parties may request the arbitral tribunal to explain one or some unclear contents of the arbitral award and must immediately notify the other party. Where the arbitral tribunal considers the request justified and there is evidence that this request has been notified to the other party, the arbitral tribunal shall issue an explanatory decision within 30 days from the date of receipt of the request.
  4. Unless the parties agree otherwise on the time limit, within 30 days from the date of receipt of the Arbitral Award, a party may request the arbitral tribunal to issue an additional arbitral award for claims presented in the proceedings but not recorded in the arbitral award and must immediately notify the other party know. If the arbitral tribunal considers the request justifiable and there is evidence that the request has been communicated to the other party, the arbitral tribunal shall issue a supplemental arbitral award within 30 days from the date of receipt of the request.
  5. In case of objective obstacles, the arbitral tribunal may extend the correction, interpretation of the arbitral award or make additional arbitral awards. Notice of extension must be sent to the parties.
  6. A corrective award, an explanatory award or an additional arbitral award forms part of the arbitral award and must be promptly submitted to the parties upon issuance.
  7. The correction and interpretation of the arbitral award or the preparation of additional arbitral awards shall comply with the principles set forth in Article 34 of these Rules.

Article 36. Arbitration fees

Arbitration fees include:

  1. Remuneration costs for arbitrators to settle disputes;
  2. BIGBOSS INTERNATIONAL’s administrative costs related to the resolution of the dispute;
  3. Expenses for assessment, valuation of assets, expenses for consulting experts, travel expenses for witnesses.
  4. Travel expenses, accommodation expenses and other relevant expenses for the Arbitrators in the Arbitral Tribunal and the secretary.
  5. The cost of renting a meeting room and the costs associated with holding a dispute resolution meeting at a location outside the headquarters of BIGBOSS INTERNATIONAL at the choice of the parties.

Article 37. Payment of arbitration fees

  1. When filing a Petition or Supplementary Petition, the Claimant shall pay all arbitration fees specified in Clauses 1 and 2 of Article 36 of these Rules. These fees are calculated according to the value of the dispute set out in BIGBOSS INTERNATIONAL’s Schedule of Arbitration Fees in force at the time of filing. In case the Petition or Supplementary Petition does not state the value of the dispute, the specific fee shall be determined by BIGBOSS INTERNATIONAL. In the event that a Claimant fails to pay sufficient arbitration fees within the time limit fixed by BIGBOSS INTERNATIONAL, it shall be deemed to withdraw the Petition or Supplemental Petition, the Claimant does not lose the right to refile the Petition or Supplementary Petition.
  2. When filing a Re-Suit or an Additional Claim, the Respondent shall pay all arbitration fees set forth in Clauses 1 and 2 of Article 36 of these Rules. In case the respondent fails to pay all the arbitration fees within the time limit fixed by BIGBOSS INTERNATIONAL , it is considered to withdraw the Lawsuit and the Supplemental Lawsuit.
  3. The costs referred to in Clauses 3, 4 and 5 of Article 36 of these Rules shall be borne by the requesting party or shall be allocated by the arbitral tribunal. In case the requesting party, or the allotted party, fails to pay these advances in full within the prescribed time limit, the arbitral tribunal shall suspend the settlement of the dispute. A party may file on behalf of the other party at the request of BIGBOSS INTERNATIONAL in order for the proceedings to continue.
  4. The costs specified in Clauses 1 and 2, Article 36 of this Rule must be fully paid by the parties within 15 days from the date of receipt of the notice of BIGBOSS INTERNATIONAL; The fees specified in Clauses 3, 4 and 5, Article 36 of these Rules must be paid by the parties within 10 days from the date of receipt of the notice of BIGBOSS INTERNATIONAL.
  5. At the request of the party obliged to pay the fee, the arbitral tribunal may extend the time limit for payment of fees.
  6. In case of incurring valid expenses after the parties have fully paid the costs specified in this Article, the requesting party or the allocated party is obliged to pay additional expenses within 07 days from the date of receipt of the notice of BIGBOSS INTERNATIONAL.

Article 38. Decision on arbitration fees and related costs

  1. The arbitral tribunal shall decide on the allocation of arbitrator fees to the parties and must be noted in the arbitral award, unless otherwise agreed by the parties.
  2. In case of successful conciliation under Clause 2, Article 28 of this Code, each party shall bear 50% of the arbitration fee, unless otherwise agreed by the parties.
  3. The arbitral tribunal has the right to decide whether a party must bear all or part of the other party’s legal and other reasonable costs.

Article 39. Abbreviated procedure

  1. The dispute may be resolved under the Abbreviated Procedure, if the parties agree to apply the Abbreviated Procedure.
  2. Unless otherwise agreed by the parties, when conducting the Abbreviated Procedure, the following provisions shall apply:

2.1 The Arbitral Tribunal resolves disputes under the Abbreviated Procedure consisting of sole arbitrators.

2.2 Where an arbitral tribunal has been established in accordance with the Ordinary Procedure in the course of previous proceedings, the arbitral tribunal shall settle the dispute in accordance with the Abbreviated Procedure which is the arbitral tribunal that has been established.

2.3 The arbitral tribunal or BIGBOSS INTERNATIONAL, in case the arbitral tribunal has not yet been established, may shorten any of the procedures provided for in these Rules.

2.4 The arbitral tribunal shall rely on existing documents and evidence to conduct a dispute settlement meeting without the presence of the parties, unless there is an objection from a party. The Arbitral Tribunal may conduct a meeting to settle the dispute by teleconference, video-conference or other appropriate forms, unless there is an objection of a party.

  1. When the parties agree to settle a dispute under the Abbreviated Procedure, the Abbreviated Procedure shall apply even in cases where the arbitration agreement contains contents contrary to the conditions of the Abbreviated Procedure.

Article 40. General

  1. BIGBOSS INTERNATIONAL does not resolve disputes on its own. The dispute settlement is conducted by the Arbitral Tribunal.
  2. For matters not covered by these Rules, BIGBOSS INTERNATIONAL and the Arbitral Tribunal reserve the right to act in the spirit of these Rules and endeavour to resolve the dispute fairly and effectively.
  3. The President of BIGBOSS INTERNATIONAL may authorize a Vice  President of BIGBOSS INTERNATIONAL to  issue decisions within the competence of the President of BIGBOSS INTERNATIONAL as set forth in these Rules.
  4. The Secretary of BIGBOSS INTERNATIONAL shall perform the affairs of the arbitration proceedings in accordance with these Rules, order arbitral tribunals and in accordance with the regulations of BIGBOSS INTERNATIONAL.
  5. BIGBOSS INTERNATIONAL may authorize BIGBOSS INTERNATIONAL  Affiliates to perform the affairs of BIGBOSS INTERNATIONAL as set forth in these Rules.

 

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