Methods for Protecting Enterprises’ Rights and Interests in Arbitration

January 20, 2026

1.Rights and Interests of Enterprises

The right to freely agree between disputing parties: The disputing parties have the right to freely agree on matters relating to arbitration, including but not limited to the arbitration language, place of arbitration, applicable law, arbitrators, and arbitration center, in accordance with the provisions of the Law on Commercial Arbitration 2010.

The right to request an additional arbitral award or the setting aside of an arbitral award An arbitral award is final and takes effect immediately upon issuance (unless otherwise agreed by the parties), and is not subject to appeal or protest. However, this characteristic also means that if an arbitral award is erroneous, it remains enforceable without opportunities for correction similar to court judgments.
Accordingly, where the parties do not agree with the arbitral award, they may request the Arbitral Tribunal to issue an additional award regarding claims that were submitted during the proceedings but were omitted from the award, and must promptly notify the other party, pursuant to Clause 4 Article 63 of the Law on Commercial Arbitration 2010.

2.Measures to Protect Rights and Interests in Contracts

Contracts constitute a critically important legal basis and the primary foundation for protecting enterprises’ rights and interests when disputes arise. Therefore, enterprises should pay special attention to the following:

First, contractual rights and obligations of the parties must be clearly and specifically stipulated, including the scope of work, performance standards, time limits, and legal liabilities. Vague or ambiguous clauses should be avoided to prevent differing interpretations.

Second, penalty and compensation clauses for breach of contract must be strictly and carefully drafted. These clauses are essential in every contract and are often exploited if loosely regulated. If such provisions are not sufficiently clear and rigorous, the risk of partial performance disputes and contractual abuse increases significantly.

Third, enterprises should select an appropriate dispute resolution clause. Agreeing on the dispute resolution method at the contract formation stage enables enterprises to proactively protect their rights when disputes arise, shortens negotiation time, and helps save costs and resources.

Fourth, confidentiality clauses should be expressly included. Commercial contracts often involve sensitive information such as technology, customer data, and business strategies; therefore, clearly defining confidentiality obligations helps enterprises mitigate the risk of information infringement.

Fifth, clauses on termination and cancellation of contracts should clearly specify applicable cases and accompanying legal grounds, thereby protecting enterprises when the counterparty is unable or unwilling to continue performing contractual obligations.

Finally, risk prevention mechanisms such as performance guarantees, security deposits, or escrow arrangements may be incorporated. These mechanisms are effective in ensuring strict and proper contract performance.

3.The Role of Legal Counsel in Arbitration Proceedings

Legal counsel plays a decisive role in safeguarding lawful rights and interests and enhancing the effectiveness and professionalism of arbitration proceedings:

Providing legal advice and assisting in drafting contracts and arbitration clauses;

Representing and protecting the parties’ interests by presenting legal arguments and submitting legal documents;

Guiding procedural matters, explaining regulations, and ensuring compliance with legal procedures; Advising and assisting clients in voluntary enforcement or in requesting competent authorities to recognize and enforce arbitral awards.

The professional involvement of legal counsel not only protects the parties’ interests but also enhances transparency, fairness, and efficiency in commercial arbitration, thereby strengthening enterprises’ trust in arbitration as a dispute resolution method.

4.Strategies for Dealing with Disputes

First, prevention before disputes arise.
This is a crucial stage enabling enterprises to comprehensively define rights and obligations, breach scenarios, and compensation clauses. Careful drafting and lawful execution of contracts help reduce dispute probability and legal risks, while establishing a transparent legal framework that limits divergent interpretations.

Second, early handling when disputes initially arise. At this stage, enterprises negotiate and seek amicable settlement solutions. Early negotiation is decisive in achieving peaceful and effective resolution, allowing parties to adjust contract performance, rights, obligations, and compensation terms, thus balancing interests and minimizing costs, time loss, and reputational damage.

Finally, resolution by adjudicatory authorities. When negotiations fail, disputes may be submitted to competent adjudicatory bodies, namely courts or commercial arbitration, depending on contractual agreement. Although this approach ensures binding legal effect, it requires enterprises to prepare comprehensive documentation, evidence, and legal strategies, and to accept associated costs and time expenditure.

5.Rights and Interests of Small and Medium-sized Enterprises (SMEs)

SMEs account for a large proportion of the economy but are often in a weaker position due to limited financial resources, personnel, and legal experience. Therefore, Vietnamese law provides mechanisms to protect their lawful rights and interests:

First, the right to equal treatment in contractual relations.
SMEs are entitled to equal legal standing regardless of size or business form. When disputes arise, their rights and obligations are examined on the same legal basis as other enterprises.

“Law on Commercial Arbitration 2010 – Article 4 (Principles of Arbitration)

Arbitrators must respect lawful agreements of the parties;

Arbitrators must be independent, objective, and impartial;

Parties are equal in rights and obligations;

Arbitration proceedings are non-public unless otherwise agreed;

Arbitral awards are final.”

“Civil Code 2015 – Article 3
All individuals and legal entities are equal and are equally protected by law regarding personal and property rights.

Second, SMEs have the right to choose appropriate dispute resolution methods, including negotiation, mediation, commercial arbitration, or courts.

Third, SMEs may select arbitration venue, language, and procedures, reducing costs and time burdens.”

“Law on Commercial Arbitration 2010

Article 10 (Language)

Article 11 (Place of Arbitration)

Fourth, SMEs have the right to legal representation and professional legal support, enhancing their ability to protect rights and reduce procedural risks.

Fifth, SMEs have the right to request enforcement of arbitral awards.”

“Law on Commercial Arbitration 2010 – Article 66
Provides for the right to request enforcement of arbitral awards through civil judgment enforcement authorities when voluntary compliance is not achieved.”

6.Methods for Ensuring Confidentiality in Arbitration Proceedings

Confidentiality is a key advantage of arbitration proceedings, protecting business secrets and enterprise reputation while fostering confidence in arbitration:

First, non-public arbitration proceedings.

“Law on Commercial Arbitration 2010 – Article 4(4)
Arbitration proceedings are conducted in private unless otherwise agreed.”

Second, confidentiality obligations of arbitrators and relevant participants.

“Law on Commercial Arbitration 2010 – Article 21
Arbitrators must keep confidential all dispute-related information, except where disclosure is required by competent authorities.”

Third, confidentiality agreements may be concluded in contracts or during arbitration proceedings.

Finally, restricted access to arbitration files and documents, limited to disputing parties and legally authorized persons.

7.Resolution of Disputes at BIGBOSS International Commercial Arbitration Center (BBIAC)

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

7.1. Standard Arbitration Clause

Optional provisions include:
(a) number of arbitrators [one or three];
(b) place of arbitration [city/country];
(c) governing law [ ];*
(d) arbitration language [ ].**

* Applicable only to disputes with foreign elements
** Applicable to disputes with foreign elements or involving foreign-invested enterprises

7.2. Expedited Arbitration Clause

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

Optional provisions include place of arbitration, governing law, and arbitration language (same notes as above).

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