1. Required Documents for Case File Preparation
- According to the provisions of the Law on Commercial Arbitration 2010, an arbitration claim file must include the following basic documents:
1.1 Arbitration Statement of Claim
- Date, month, and year of submission;
- Names and addresses of the disputing parties;
- Summary of the dispute;
- Specific claims of the claimant and the legal and factual grounds for such claims;
- Arbitration agreement;
- Signature of the claimant or their lawful representative.
1.2 Arbitration Agreement
Pursuant to Articles 5 and 16 of the Law on Commercial Arbitration 2010, arbitration has jurisdiction only when a valid arbitration agreement exists between the parties, which may take the form of:
- An arbitration clause in a 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 is the 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 Statement of Claim
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;
- Meeting minutes and notices of contract breaches.
1.5 Legal Documents of the Parties
- Enterprise registration certificate;
- Establishment decision;
- Power of attorney authorizing representatives to participate in arbitration proceedings.
2. Evidence Collection Process
2.1 Principles of Evidence Collection
- According to 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 in Evidence Collection
- Identifying facts to be proven: Based on the nature of the dispute and the claims made;
- Collecting internal evidence: Transaction records, accounting documents, contracts, and internal files;
- Collecting evidence from third parties: Requesting documents from partners, banks, or appraisal bodies;
- Evaluating evidence: Ensuring the evidence has lawful origin, relevance, and probative value;
- Systematizing evidence: Preparing an evidence list, numbering and classifying documents clearly
2.3 Requesting Assistance from the Arbitral Tribunal in Evidence Collection
- 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 in Preparing the Case File
3.1 Statute of Limitations
- According to Article 33 of the Law on Commercial Arbitration 2010, the statute of limitations for initiating arbitration is two (02) years from the date on which the lawful rights and interests are infringed, unless otherwise stipulated by specialized laws.
3.2 Validity of the Arbitration Agreement
Under Article 18 of the Law on Commercial Arbitration 2010, an arbitration agreement is invalid in the following cases:
- The dispute does not fall within the jurisdiction of arbitration;
- The person establishing 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
- According to Article 10 of the Law on Commercial Arbitration 2010, the parties may agree on the language used in arbitration proceedings.
3.4 Principle of Confidentiality
- Pursuant to Article 4 of the Law on Commercial Arbitration 2010, arbitration proceedings are conducted in private, unless otherwise agreed by the parties.
4. The 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 Articles 30 and 35 of the Law on Commercial Arbitration 2010;
- Assessing the legality and probative value of evidence;
- Representing or protecting the lawful rights and interests of the parties.
The involvement of lawyers helps minimize legal risks and enhances the effectiveness of protecting the parties’ rights and interests.
5. Submission of the Case File to an Arbitration Center
According to Article 31 of the Law on Commercial Arbitration 2010, the statement of claim and accompanying documents may be submitted by:
- Direct submission to the arbitration center;
- Submission by postal service;
- Online submission (if permitted by the arbitration center’s rules).
The claimant must pay an advance on arbitration fees as notified by the arbitration center for the case to be officially accepted
6.How to Resolve Disputes through the BIGBOSS International Commercial Arbitration Center
- To resolve disputes by commercial arbitration at BBIAC, the parties may include one of the following two clauses in their contract:
6.1. Standard 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.”
In addition, the parties may agree on the following supplementary provisions:
(a) the number of arbitrators shall be [one or three].
(b) the seat/place of arbitration shall be [city and/or country].
(c) the governing law of the contract shall be [ ].
(d) the language of arbitration shall be [ ].
- Notes:
Applicable only to disputes involving foreign elements.
Applicable only to disputes involving foreign elements or disputes where at least one party is a foreign-invested enterprise.
4.2. Model Arbitration Clause under the Expedited Procedure
“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 the arbitral proceedings shall be conducted under the Expedited Procedure as stipulated in Article 37 of the BBIAC Arbitration Rules.”
In addition, the parties may agree on the following supplementary provisions:
(a) the seat/place of arbitration shall be [city and/or country].
(b) the governing law of the contract shall be [ ].
(c) the language of arbitration shall be [ ].
- Notes:
Applicable only to disputes involving foreign elements.
Applicable only to disputes involving foreign elements or disputes where at least one party is a foreign-invested enterprise.
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