Legal regulations on the procedure for filing a claim at the Arbitration Center

October 2, 2025

1. Rules on Filing a Claim at the Arbitration Center

1.1. Conditions for Resolving Disputes by Arbitration

Clause 1, Article 5 of the 2010 Commercial Arbitration Law stipulates the conditions for resolving disputes through arbitration as follows:

“A dispute may be resolved by arbitration if the parties have an arbitration agreement. The arbitration agreement may be concluded either before or after the dispute arises.”

And the provision at Article 16 of the 2010 Commercial Arbitration Law regarding the form of the arbitration agreement is as follows:

“1. An arbitration agreement may be established in the form of an arbitration clause in a contract or as a separate agreement.

2. The arbitration agreement must be made in writing. The following forms of agreement are also considered to be in writing.”

Accordingly, to resolve disputes by arbitration, the parties must have an agreement on resolving disputes through commercial arbitration. Under the above legal provisions, an arbitration agreement may be concluded either before or after a dispute arises, either through an arbitration clause in a contract or in a separate agreement. The arbitration agreement must be in writing. Therefore, in cases where the parties have not yet concluded an arbitration agreement but wish to choose commercial arbitration to resolve a dispute, the parties may negotiate to supplement an arbitration clause in the contract or establish a written arbitration agreement.

1.2. On the Limitation Period for Filing a Claim

According to the law, unless otherwise provided by specialized legislation, the limitation period for filing a claim under arbitration proceedings is 02 years from the time when the lawful rights and interests are violated (except in cases where specialized laws provide otherwise).

The provision at Article 33 of the 2010 Commercial Arbitration Law states:

“Except as otherwise provided by specialized laws, the limitation period for filing a claim under arbitration proceedings is 02 years from the time when the lawful rights and interests are violated.”

1.3. Choice of Arbitration Center

The disputing parties may choose to resolve the dispute at an Arbitration Center according to the Center’s procedural rules (institutional arbitration), or they may appoint arbitrators themselves and agree on procedural rules under the law (ad hoc arbitration). The method of filing a statement of claim will vary depending on the form of arbitration selected by the parties.

2. Drafting the Statement of Claim in Compliance with Legal Regulations

2.1. Form and Content of the Statement of Claim

The statement of claim is the formal legal document that initiates arbitration proceedings. Therefore, it must strictly comply with the content requirements stipulated in Clause 2, Article 30 of the 2010 Commercial Arbitration Law:

“The statement of claim must include the following contents:

a) The date, month, and year of filing the claim;

b) The names and addresses of the parties; the names and addresses of any witnesses, if applicable;

c) A summary of the dispute;

d) The grounds and evidence for the claim, if any;

đ) The specific requests of the claimant and the value of the dispute;

e) The name and address of the arbitrator selected by the claimant or proposed for appointment.”

Readers can refer to the Sample Statement of Claim at the Bigboss International Arbitration Centre (BBIAC) below:

Detailed reference content, and readers can download the sample statement of claim HERE.

2.2. Requirements for the Content of the Statement of Claim

(i) Summarize the case concisely and objectively, presenting clearly the grounds proving that the claimant’s legal rights and interests have been infringed, so that the Arbitral Tribunal can grasp the dispute between the parties and determine the basis for reviewing and resolving the case.

(ii) Present detailed and accurate figures, debts, and compensation amounts (indicating the correct currency, such as Vietnamese Dong, US Dollar, etc.), with particular attention to the total value of the dispute, as this is an important basis for determining arbitration fees.

(iii) Provide specific and accurate information about the arbitrator designated by the claimant.

(iv) The claimant must submit the Arbitration Agreement and accompanying evidence with the Statement of Claim to prove that the claim is well-founded and lawful.

3. Regulations on the Procedure for Filing a Statement of Claim at an Arbitration Center

3.1. Methods of Filing a Statement of Claim

After preparing the Claim File in accordance with Article 30 of the 2010 Commercial Arbitration Law (including the Statement of Claim, the Arbitration Agreement, and related documents and evidence), the claimant may submit the file using the following methods:

(i) For ad hoc arbitration: The claimant submits the Claim File directly to the respondent. The respondent is then responsible for submitting a Statement of Defense to the claimant and designating an arbitrator. Based on this, the Arbitral Tribunal is established to review the Claim File and the Statements of Defense of the parties.

(ii) For institutional arbitration at an Arbitration Center: The claimant may submit the Claim File to the Arbitration Center through one of two methods: (a) submitting it directly at the Arbitration Center; or (b) sending it via postal service to the address of the Arbitration Center.

3.2. Outcome of Filing a Statement of Claim

Pursuant to Article 31 of the 2010 Commercial Arbitration Law on the Commencement of Arbitral Proceedings, after submitting the statement of claim, the outcomes depend on the method of submission as follows:

(i) For ad hoc arbitration: The Arbitral Tribunal will determine the advance arbitration fees, after which the parties proceed with the subsequent procedures according to the agreed arbitration rules.

(ii) For arbitration at an Arbitration Center: Upon receipt of the Claim File, the claimant is required to pay the advance arbitration fees and submit proof of payment. Thereafter, the Arbitration Center will notify the respondent of the claim, and the parties will carry out the procedure for selecting arbitrators and establishing the Arbitral Tribunal to resolve the dispute in accordance with the Center’s arbitration rules.

4. Mechanisms for Resolving Disputes through the Bigboss International Arbitration Center (BBIAC)

To resolve a dispute through commercial arbitration at BBIAC, clients may insert one of the following two clauses into their contracts:

4.1. Model Arbitration Clause

Additionally, the parties may supplement the clause with:

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

(b) The seat of arbitration shall be [city and/or country].

(c) The governing law of the contract shall be [ ].*

(d) The language of the arbitration shall be [ ].**

Notes:

* Applicable only to disputes involving a foreign element.

** Applicable only to disputes involving a foreign element or disputes where at least one party is an enterprise with foreign invested capital.

4.2. Model Arbitration Clause Applicable to Expedited Procedure

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

Additionally, the parties may supplement the clause with:

(a) The seat of arbitration shall be [city and/or country].

(b) The governing law of the contract shall be [ ].*

(c) The language of the arbitration shall be [ ].**

Notes:

* Applicable only to disputes involving a foreign element.

** Applicable only to disputes involving a foreign element or disputes where at least one party is an enterprise with foreign invested capital.

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