Commercial Arbitration and Regulations on Evidence

February 2, 2026

I. Regulations on Evidence in Arbitration

Under the Law on Commercial Arbitration, evidence in arbitration includes documents, objects, electronic data, witness statements, or other lawful information provided by the parties to prove their claims or defenses.

Some fundamental principles governing evidence in commercial arbitration include:

Burden and obligation of proof: Each party bears the obligation to prove its claims or objections.
Legality and relevance: Evidence must be lawfully obtained and directly relevant to the subject matter of the dispute.
Flexibility: The Arbitral Tribunal has the authority to decide on the admissibility and probative value of evidence without being rigidly bound by procedural rules applicable to court proceedings.
Respect for party autonomy: Where the parties have agreed on specific rules regarding the submission, investigation, and evaluation of evidence, the Arbitral Tribunal shall give priority to such agreement.

II. Presentation and Handling of Evidence

In arbitral proceedings, the presentation and handling of evidence are generally conducted through the following steps:

1. Submission of Evidence

Evidence may be submitted together with the statement of claim, the statement of defense, or during the course of dispute resolution.
Evidence may take the form of written documents, electronic data, audio or video recordings, emails, electronic contracts, etc.
Evidence in a foreign language is generally required to be translated into Vietnamese in accordance with the rules of the arbitration center.

2. Review and Evaluation of Evidence

The Arbitral Tribunal examines the legality, relevance, and probative value of each item of evidence.
The Tribunal may request the parties to supplement, explain, or clarify the submitted evidence.
Where necessary, the Arbitral Tribunal may order expert examination or request competent authorities or organizations to assist in the collection of evidence.

3. Principles of Evaluation

Evidence must be assessed comprehensively, objectively, and impartially.
The Tribunal shall not rely solely on a single piece of evidence but shall consider the totality of evidence presented in the case.

III. Legal Issues Related to Evidence

In practice, several legal issues frequently arise in arbitration proceedings in relation to evidence, including:

Illegally obtained evidence: Such evidence may be rejected by the Arbitral Tribunal or deemed to have no probative value.
Disputes over the authenticity of electronic evidence: This issue is particularly common in modern commercial transactions.
Failure to produce or concealment of evidence: This may be considered a lack of good faith and may affect the Tribunal’s assessment of the case.
Conflicts between different sources of evidence: These require the Arbitral Tribunal to possess experience and advanced evaluative skills.

A clear understanding of and compliance with evidentiary rules not only help parties better protect their lawful rights and interests but also contribute to enhancing the effectiveness and credibility of commercial arbitration as a dispute resolution mechanism.

IV. Resolution of Disputes through the BIGBOSS International Commercial Arbitration Center (BBIAC)

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

4.1. 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 its Arbitration Rules.”

In addition, the parties may specify:

(a) the number of arbitrators: [one or three];
(b) the seat of arbitration: [city and/or country];
(c) the governing law of the contract: [ ];
(d) the language of arbitration: [ ].

Note:
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.

4.2. Model 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 its Arbitration Rules. The parties agree that the arbitral proceedings shall be conducted under the Expedited Procedure as provided in Article 37 of the BBIAC Arbitration Rules.”

In addition, the parties may specify:

(a) the seat of arbitration: [city and/or country];
(b) the governing law of the contract: [ ];
(c) the language of arbitration: [ ].

Note:
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.

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