How to Choose an Appropriate Arbitration Center

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1. Criteria for Choosing an Arbitration Center

To select an appropriate arbitration center, the disputing parties should consider several basic criteria, including:

  • First: Reputation and experience
    An arbitration center with a long operating history, legal recognition, and a proven record of successfully resolved cases generally enjoys a higher level of credibility and trust.
  • Second: Panel of arbitrators
    Arbitrators should possess strong professional qualifications, extensive practical experience, and professional integrity, particularly in the field relevant to the dispute.
  • Third: Arbitration rules and procedures
    Clear, transparent, and flexible arbitration rules help ensure that dispute resolution is conducted efficiently and minimize procedural disputes.
  • Fourth: Independence and impartiality
    The arbitration center must ensure neutrality and avoid bias toward any party to the dispute, thereby safeguarding the fairness of the arbitral award.
  • Fifth: Enforceability of arbitral awards
    The arbitral award should be capable of recognition and enforcement in accordance with applicable domestic and international laws.

2. Comparison of Major Arbitration Centers

In Vietnam, the Vietnam International Arbitration Centre (VIAC) is a highly reputable arbitration institution, suitable for both domestic commercial disputes and disputes involving foreign elements. VIAC has a diverse panel of arbitrators and relatively flexible arbitration rules.

At the regional and international levels, the Singapore International Arbitration Centre (SIAC) and the International Chamber of Commerce (ICC) are highly regarded for their professionalism and ability to handle complex, high-value disputes. However, arbitration costs at these institutions are generally higher than those of domestic arbitration centers.

Comparing arbitration centers enables the parties to select the most appropriate institution based on the nature, scale, and scope of the dispute.

3. Practical Experience from Enterprises

In practice, enterprises place great emphasis on the reputation, experience, and procedural management capabilities of arbitrators, as well as their professional expertise and adherence to applicable arbitration rules, while ensuring flexibility and professionalism.

Enterprises that are well prepared often prioritize arbitration centers that offer:

  • Experience in handling similar disputes;

  • Appropriate arbitration language;

  • Convenient geographical location for participation in arbitration proceedings.

Conversely, inadequate consideration in selecting an arbitration center may lead to procedural difficulties, prolonged dispute resolution, and increased costs for enterprises.

4. Arbitration Service Costs

Arbitration costs are an important factor that should be carefully considered. Such costs typically include:

  • Filing fees;

  • Arbitrators’ fees;

  • Administrative fees charged by the arbitration center;

  • Other incidental or additional expenses.

Each arbitration center applies its own fee schedule. Therefore, the parties should balance costs against service quality. Choosing an arbitration center with reasonable fees helps enterprises better control financial risks when disputes arise.

5. Benefits of Choosing the Right Arbitration Center

Selecting the appropriate arbitration center offers significant benefits to the disputing parties, including:

  • Ensuring that disputes are resolved efficiently and promptly;

  • Reducing legal risks and procedural disputes;

  • Saving time and costs for enterprises;

  • Enhancing the likelihood of recognition and enforcement of arbitral awards;

  • Helping protect business reputation and maintain cooperative commercial relationships.

6. Resolving Disputes through the BIGBOSS International Commercial Arbitration Center

To resolve disputes through commercial arbitration at BBIAC, the parties may include one of the following clauses in their contract:

6.1. Standard Arbitration Clause

“Any dispute arising out of or in connection with this contract shall be resolved by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with the Arbitration Rules of the Center.”

The parties may additionally specify:

  • (a) the number of arbitrators as [one or three];

  • (b) the place of arbitration as [city and/or country];

  • (c) the governing law of the contract as [ ];

  • (d) the language of arbitration as [ ].

Notes:

  • Applicable only to disputes involving foreign elements;

  • Applicable only to disputes involving foreign elements or disputes in which at least one party is a foreign-invested enterprise.

6.2. Arbitration Clause under Expedited Procedure

“Any dispute arising out of or in connection with this contract shall be resolved by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with the Arbitration Rules of the Center. The parties agree that the arbitration proceedings shall be conducted under the Expedited Procedure as stipulated in Article 37 of the BBIAC Arbitration Rules.”

The parties may additionally specify:

  • (a) the place of arbitration as [city and/or country];

  • (b) the governing law of the contract as [ ];

  • (c) the language of arbitration as [ ].

Notes:

  • Applicable only to disputes involving foreign elements;

  • Applicable only to disputes involving foreign elements or disputes in which at least one party is a foreign-invested enterprise.

For consultation, please contact: 0979 133 955

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