How to Prepare a Case File for an Arbitration Dispute

January 13, 2026

1. Documents Required for Preparing an Arbitration Case File

According to the Law on Commercial Arbitration 2010, an arbitration claim dossier must include the following basic documents:

1.1. Statement of Claim for Arbitration

The statement of claim must contain the following information:

Date, month, and year of making the statement of claim;
Names and addresses of the disputing parties;
A summary of the dispute;
Specific claims of the claimant and the grounds for such claims;
The arbitration agreement;
Signature of the claimant or his/her lawful representative.

1.2. Arbitration Agreement

Pursuant to Article 5 and Article 16 of the Law on Commercial Arbitration 2010, arbitration shall only have jurisdiction if there exists a valid arbitration agreement between the parties, which may take the form of:

An arbitration clause in the contract;
A separate written arbitration agreement.

This document is decisive for the acceptance and handling of the arbitration case.

1.3. Contract and Contract Appendices

The contract serves as the legal basis for determining the rights and obligations of the parties. The following documents must be submitted:

The principal contract;
Contract appendices;
Amendments and supplements to the contract (if any).

1.4. Evidence Supporting the Claims

According to Article 33 of the Law on Commercial Arbitration 2010, each party bears the burden of proof for its claims. Evidence may include:

Invoices and payment documents;
Delivery and acceptance records;
Correspondence such as letters, emails, or messages;
Minutes of meetings and notices of contract breaches.

1.5. Legal Documents of the Parties

Enterprise Registration Certificate;
Establishment decision;
Power of attorney authorizing a representative to participate in arbitration proceedings.

2. Procedure for Collecting Evidence

2.1. Principles of Evidence Collection

Under Article 25 of the Law on Commercial Arbitration 2010, parties have the right and obligation to collect and submit evidence to the Arbitral Tribunal.

2.2. Steps for Collecting Evidence

Identifying facts to be proven: Based on the content of the dispute and the claims.
Collecting internal evidence: Transaction records, accounting documents, contracts, and internal files.
Collecting evidence from third parties: Requesting documents from business partners, banks, or expert appraisal agencies.
Assessing evidence: Ensuring that evidence is lawfully obtained, relevant, and has probative value.
Systematizing evidence: Preparing an evidence list, numbering, and classifying documents clearly.

2.3. Requesting Assistance from the Arbitral Tribunal in Collecting Evidence

Pursuant to Clause 4 Article 46 of the Law on Commercial Arbitration 2010, where necessary, the Arbitral Tribunal may request the Court to assist in collecting evidence.

3. Legal Considerations When Preparing the Case File

3.1. Limitation Period for Initiating Arbitration

According to Article 33 of the Law on Commercial Arbitration 2010, the limitation period for initiating arbitration is two (02) years from the date when the lawful rights and interests are infringed, unless otherwise provided by specialized laws.

3.2. Validity of the Arbitration Agreement

Under Article 18 of the Law on Commercial Arbitration 2010, an arbitration agreement shall be deemed invalid in the following cases:

The dispute does not fall within the jurisdiction of arbitration;
The person concluding the arbitration agreement lacks authority;
The form of the arbitration agreement does not comply with legal requirements.

3.3. Form and Language of the Case File

Pursuant to Article 10 of the Law on Commercial Arbitration 2010, the parties are entitled to agree on the language used in arbitration proceedings.

3.4. Principle of Confidentiality

According to Article 4 of the Law on Commercial Arbitration 2010, arbitration proceedings shall be conducted in private, unless otherwise agreed by the parties.

4. Role of Lawyers in the Preparation Process

Lawyers play an important role in:

Advising on the selection of arbitration and dispute resolution strategies;
Drafting statements of claim and statements of defense in accordance with Article 30 and Article 35 of the Law on Commercial Arbitration 2010;
Assessing the legality and validity of evidence;
Representing or protecting the lawful rights and interests of the parties.

The involvement of lawyers helps minimize legal risks and enhance the effectiveness of protecting the parties’ rights and interests.