Dispute resolution procedures at the BBIAC Arbitration Center

November 25, 2025

1. Introduction to BBIAC Arbitration Center

The Bigboss International Commercial Arbitration Center (BBIAC) is one of the leading arbitration organizations in Vietnam, licensed by the Ministry of Justice in accordance with the 2010 Commercial Arbitration Law. With a mission to provide an effective, confidential, and flexible mechanism for resolving commercial disputes, BBIAC focuses on cases arising from international and domestic business activities, including commercial contracts, investment, and logistics.

The procedures at BBIAC strictly adhere to the fundamental principles of Vietnamese law, such as respecting the agreement of the parties, ensuring the independence and objectivity of arbitrators, and conforming to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Compared to other centers such as VIAC (Vietnam International Arbitration Center), BBIAC stands out with its team of arbitrators possessing in-depth knowledge of international transport and trade, helping to shorten litigation time without compromising the quality of the judgment. Choosing BBIAC not only helps businesses avoid court delays but also ensures that the judgment is enforceable in over 170 countries, contributing to promoting a sustainable business environment in Vietnam.

2. Conditions for initiating the dispute resolution process

For a dispute to be brought into the proceedings at BBIAC, the parties must meet the basic conditions under applicable law, particularly Clause 1, Article 5 of the 2010 Commercial Arbitration Law, which stipulates that:

The parties have the right to agree in writing to resolve disputes through arbitration.

This agreement may be made before or after a dispute arises, provided it does not violate any legal or moral prohibitions.

At BBIAC, arbitration agreements are typically drafted in the form of template clauses, such as:

Any disputes arising from or relating to this contract shall be ultimately resolved at the Bigboss International Commercial Arbitration Centre (BBIAC) in accordance with the Centre’s rules of procedure.

This ensures binding agreement and avoids future jurisdictional disputes. Furthermore, the dispute must fall within the jurisdiction of arbitration, such as commercial cases between parties or those related to business activities, as per Article 3 of the BBIAC Arbitration Rules. Without a valid agreement, the court may refuse to refer the case to arbitration, as seen in practice at arbitration centers, where parties often supplement the agreement to avoid the risk of annulment of the award. Checking the validity of the agreement is the first step, helping BBIAC to screen and guide parties in completing their documentation, ensuring a smooth process from the preparation stage.

3. Application and case processing procedures

The process at BBIAC begins with the plaintiff filing a lawsuit directly with the Center, along with a copy of the arbitration agreement, relevant documents, and a receipt for the advance payment of court fees according to the fee schedule publicly available on the BBIAC website.

According to Article 14, paragraph 1 of the BBIAC Arbitration Rules, the statement of claim must include:

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

1.2. Names and addresses of the Plaintiff and the Defendant;

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

1.4. Summary of the dispute;

1.5. Grounds for filing a lawsuit;

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

1.7. The name of the arbitrator chosen by the Plaintiff or requested by the Plaintiff to be appointed by BBIAC in accordance with Clause 1 of Article 18 of these Rules;

1.8. The signature of the legal representative or authorized representative in the case where the Plaintiff is an organization; the signature of the individual Plaintiff or authorized representative in the case where the Plaintiff is an individual.

Upon receiving the application, BBIAC will check its completeness within a few business days and notify the respondent of a copy of the application and accompanying documents. The respondent has 30 days to submit a statement of defense, which may include a counterclaim if necessary, and propose an arbitrator, unless otherwise agreed by the parties. If the respondent does not respond, the process continues based on the available documents, avoiding unnecessary delays.

4. Establish an arbitration panel and conduct proceedings.

Upon acceptance of the case, BBIAC assists in the establishment of an arbitral tribunal based on the principle of mutual selection by the parties, with a default number of three arbitrators as per Article 18:

The plaintiff chooses one arbitrator, the defendant chooses one arbitrator within 30 days, and these two arbitrators elect the Chairman; if they do not agree, the Chairman of BBIAC will appoint from the list of qualified arbitrators in Article 21 of these Rules.

The subsequent proceedings include gathering evidence, summoning witnesses, and holding closed-door hearings, with notification in accordance with Article 27 of the BBIAC Arbitration Rules. The panel has the right to apply interim measures such as asset preservation and requiring the requesting party to deposit security.

5. Arbitral award and enforcement

The award was issued by the arbitral tribunal by a majority vote, with the details as set out in paragraph 1 of Article 34 of the BBIAC Rules of Arbitration Procedure, including:

1.1. Date, month, year, and place of issuance of the arbitral award;

1.2. Names and addresses of the Plaintiff and the Defendant;

1.3. Names of the arbitrators or the sole arbitrator;

1.4. Summary of the arbitration proceedings;

1.5. Summary of the Statement of Claim and the issues in dispute; summary of the Defense Statement; summary of the Counterclaim and the issues in dispute;

1.6. The Arbitration Panel’s assessment of its jurisdiction to resolve the dispute;

1.7. The Arbitration Panel’s assessment of the merits of the dispute;

1.8. Grounds for issuing the judgment;

1.9. Outcomes of dispute resolution;

The award takes effect immediately upon signing and is final and cannot be appealed except in cases of annulment under Article 68 of the 2010 Commercial Arbitration Law for reasons such as lack of agreement or violation of fundamental procedures. Regarding enforcement, according to Article 66, the winning party may request the civil enforcement agency to enforce the award without requiring recognition procedures, and the BBIAC award is internationally enforceable under the New York Convention. In practice, BBIAC facilitates the direct transfer of awards to Vietnamese enforcement agencies, reducing processing time from several months to just a few weeks, a significant advantage over some other centers where registration procedures are more complex. This not only strengthens investor confidence but also affirms Vietnam’s position in the regional arbitration system.

6. How to resolve disputes using the Bigboss International Commercial Arbitration Center

To effectively resolve disputes through BBIAC, businesses should begin by integrating arbitration clauses into contracts from the outset, using the Center’s template to avoid formal disputes later. When disputes arise, promptly gather evidence and file a lawsuit online via the BBIAC website, along with an advance payment based on the dispute value according to a transparent fee schedule. Throughout the process, cooperate closely with the Council by providing complete information, and consider mediation to save time and costs – an option encouraged by BBIAC in accordance with Article 58 of the 2010 Commercial Arbitration Law.

Following the judgment, if enforcement is necessary, immediately contact the local enforcement agency with support from BBIAC to ensure compliance. Compared to court proceedings, this method offers significant advantages in speed and security, making it particularly suitable for businesses involved in international supply chains. By choosing BBIAC, you not only resolve disputes but also invest in long-term business stability, aligning with Vietnam’s current economic integration trends.

6.1 Model Arbitration Clauses

Additionally, the parties may add:

(a) The number of arbitrators is [one or three].

(b) the place of arbitration is [city and/or country].

(d) The language of the arbitration is [ ].** Note: *

This applies only to disputes involving foreign elements.

This only applies to disputes involving foreign elements or disputes where at least one party is a foreign-invested enterprise.

6.2. Model arbitration clauses under simplified procedure

Any disputes arising from or relating to this contract shall be settled by arbitration at the BIGBOSS International Commercial Arbitration Centre (BBIAC) in accordance with the Centre’s Arbitration Rules. The parties agree that arbitration proceedings shall be conducted in accordance with the simplified procedure provided for in Article 39 of the BBIAC Arbitration Rules.

Additionally, the parties may add:

(a) the place of arbitration is [city and/or country].

(b) The law applicable to the contract is [ ].*

Note:

* Applies only to disputes involving foreign elements.

**This only applies to disputes involving foreign elements or disputes where at least one party is a foreign-invested enterprise.**

Contact 0979 133 955 for advice!