Steps to carry out commercial arbitration procedures

August 9, 2024

1. Register your request for arbitration

Registering a request for arbitration is a formal process for submitting a dispute to arbitration. Here are the basic steps of this process:

Step 1: Prepare documents

Step 2: Draft the Arbitration Request

Step 3: Submit a Request for Arbitration

Step 4: Pay the registration fee

Step 5: Confirm and notify

Step 6: Response from the requested party

Step 7: Appoint an arbitrator

Step 8: Arbitration process

Step 9: Notice of decision

The process of registering a request for arbitration may vary depending on the regulations of each arbitration center, but the basic steps above will give you an overview of the process.

2. Select arbitration center and arbitrator

Choosing a suitable arbitration center is an important process to ensure that disputes are resolved fairly and effectively. Below are the basic steps to choose an arbitration center:

Determine your needs

Determine the type of dispute you want to resolve (e.g. commercial, labor, financial, etc.).

Consider the scale and scope of the dispute to determine the type of arbitration services required.

Research arbitration centers

Find out about reputable arbitration centers: Find information about arbitration centers through reliable sources such as their official website, reviews from old customers, or through professional organizations .

Reputation and experience: Check the center’s reputation and experience in the area related to your dispute.

Expertise of the arbitrators: Consider the qualifications, experience and expertise of the arbitrators at that center.

Check the arbitration rules and procedures

Arbitration Rules: Review the center’s arbitration rules to ensure that they suit your needs and are transparent and fair.

Procedures: Check the dispute handling procedures, resolution time and costs involved.

Consider costs

Service fees: Compare service fees of different arbitration centers. Make sure the service fee is reasonable and fits your budget.

Hidden costs: Be aware of hidden costs that may arise during the arbitration process.

Consult experts

Lawyer: Consult with a lawyer or legal expert to receive professional advice on choosing a suitable arbitration center.

Practical experience: Ask for opinions from people who have used the arbitration center’s services to get a realistic view.

Evaluation and selection

Compare: Compare all the information collected to make a final decision.

Decision: Choose the arbitration center that you feel best suits your needs and conditions then sign a contract with the center.

Choosing the right arbitration center will help you resolve disputes effectively and professionally.

According to the provisions of Article 40 of the Commercial Arbitration Law 2010, regulations on establishing an Arbitration Council at the Arbitration Center are specifically as follows:

In cases where the parties have an agreement or the arbitration center’s procedural rules do not provide otherwise, the establishment of the Arbitration Council is prescribed as follows:

Within 30 days from the date of receiving the petition and request to select an Arbitrator sent by the Arbitration Center, the defendant must choose an Arbitrator for himself and notify the Arbitration Center or request the Arbitrator. The President of the Arbitration Center appoints the arbitrator. If the defendant does not select an Arbitrator or does not request the President of the Arbitration Center to appoint an Arbitrator, then within 7 days from the date of expiry of the time limit specified in this Clause, the President of the Arbitration Center shall only appoint an Arbitrator. appoint an Arbitrator for the defendant;
In case the dispute has multiple defendants, within 30 days from the date of receipt of the petition sent by the Arbitration Center, the defendants must agree on the Arbitrator, then within 7 days, From the date of expiration of the time limit specified in this Clause, the Chairman of the Arbitration Center shall appoint an Arbitrator for the defendants.
Within 15 days from the date the Arbitrators are selected by the parties or appointed by the President of the Arbitration Center, the Arbitrators shall This arbitrator elects another Arbitrator to be the Chairman of the Arbitration Council. At the end of this time limit, if the election cannot be carried out, then within 7 days from the date of expiry of the time limit specified in this Clause, the Chairman of the Arbitration Center shall appoint the Chairman of the Arbitration Council.
In case the parties agree that the dispute will be resolved by a single Arbitrator but fail to select an Arbitrator within 30 days from the date the defendant receives the petition, then at the request of one or more party and within 15 days from the date of receipt of the request, the President of the Arbitration Center will appoint the sole Arbitrator.

3. Resolution and decision-making process

Dispute resolution by commercial arbitration is carried out according to the following procedures:

3.1. Submit the petition and accompanying documents

In case of dispute resolution at the Arbitration Center, the plaintiff must file a lawsuit and send it to the Arbitration Center. In case the dispute is resolved by ad hoc arbitration, the plaintiff must file a lawsuit and send it to the defendant.
The petition includes the following contents:

+ Date, month, year of filing the lawsuit;

+ Names and addresses of the parties; name and address of witnesses, if any;

+ Summary of the content of the dispute;

+ Basis and evidence for lawsuit, if any;

+ The specific requirements of the plaintiff and the value of the dispute;

+ Name and address of the person chosen by the plaintiff as an Arbitrator or requesting appointment of an Arbitrator.

Notice of petition: if the parties do not agree otherwise or the arbitration center’s procedural rules do not provide otherwise, then:
Within 10 days from the date of receipt of the petition, accompanying documents and evidence of advance payment of arbitration fees, the arbitration center must send to the defendant a copy of the plaintiff’s petition and other documents. documents according to the provisions of Clause 3, Article 30 of the 2010 Commercial Arbitration Law.
Statute of limitations for initiating a lawsuit to resolve a dispute by Arbitration: unless otherwise specified by specialized law, the statute of limitations for initiating a lawsuit under arbitration procedures is 02 years, from the time legitimate rights and interests are violated.

(According to Article 30, Article 32 and Article 33 of the 2010 Commercial Arbitration Law)

3.2. The defendant filed a self-defense statement

For disputes resolved at the Arbitration Center, if the parties do not agree otherwise or the Arbitration Center’s procedural rules do not provide otherwise, then within 30 days from the date of receipt The petition and accompanying documents are:
The defendant must send the Arbitration Center a self-defense statement. At the request of a party or parties, this deadline may be extended by the Arbitration Center based on the specific circumstances of the case.
The content of the self-defense includes:

+ Day, month, year as self-protection version;

+ Name and address of the defendant;

+ Basis and evidence for self-defense, if any;

+ Name and address of the person chosen by the defendant to be an Arbitrator or requesting appointment of an Arbitrator.

For disputes resolved by ad hoc arbitration, if the parties do not agree otherwise, then within 30 days from the date of receipt of the plaintiff’s petition and accompanying documents:
The defendant must send to the plaintiff and the Arbitrator a statement of defense and the name and address of the person he or she chooses to be the Arbitrator.

(According to Clause 1, Clause 2 and Clause 3, Article 35 of the Law on Commercial Arbitration 2010)

3.3. Establishment of Arbitration Council

The composition of the Arbitration Council may include one or more Arbitrators as agreed by the parties.
In case the parties do not agree on the number of Arbitrators, the Arbitration Council shall consist of three Arbitrators.

(According to Article 39 of the Commercial Arbitration Law 2010)

3.4. Open a dispute resolution meeting

The dispute resolution meeting is conducted privately, unless the parties agree otherwise.
The parties can directly or authorize representatives to attend the dispute resolution meeting; has the right to invite witnesses and people to protect their legitimate rights and interests.
In case of agreement of the parties, the Arbitral Tribunal may allow other persons to attend the dispute resolution meeting.
The order and procedures for conducting dispute resolution meetings are prescribed by the arbitration procedure rules of the Arbitration Center; For ad hoc arbitration, it is agreed upon by the parties.

(According to Article 55 of the Commercial Arbitration Law 2010)

3.5. Reconciliation

At the request of the parties, the Arbitration Council conducts mediation so that the parties can agree on resolving the dispute.
When the parties reach an agreement on the resolution of the dispute, the Arbitration Council prepares a record of successful conciliation signed by the parties and certified by the Arbitrators.
The arbitration council issued a decision recognizing the parties’ agreement. This decision is final and has the same value as an arbitration award.

(According to Article 58 of the Commercial Arbitration Law 2010)

3.6. The arbitration panel issued a decision

The arbitral tribunal makes the arbitral award by voting according to the principle of majority.
In case the voting does not reach a majority, the arbitration award is made according to the opinion of the Chairman of the Arbitration Council.

(According to Article 60 of the Commercial Arbitration Law 2010)

Thus, in the commercial field, if an enterprise has an agreement on arbitration when resolving a dispute, that resolution will be carried out in accordance with the legal procedures for resolving disputes by commercial arbitration. commercial.

4. How to resolve disputes using Bigboss International Commercial Arbitration Center

To resolve disputes by commercial arbitration at BBIAC.

Customers can write in the contract one of the following two contents:

4.1. Model Arbitration Clause

“All disputes arising from or relating to this contract will be resolved by arbitration at the BIGBOSS International Commercial Arbitration Center (BBIAC) in accordance with the Q. Arbitration procedural rules of this Center”

In addition, the parties may add:

The number of arbitrators is [one or three].
The place of arbitration is [city and/or country].
The law applicable to the contract is [ ].*
Arbitration language is [ ].** Note: *

Only applies to disputes with foreign elements or disputes in which at least one party is a foreign-invested enterprise.

4.2. The Model Arbitration Clause applies to summary proceedings

“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 Rules of Arbitration. The parties agree that the arbitration proceedings will be conducted in accordance with the Summary Procedures set out in Article 37 of the BBIAC Arbitration Rules.”

In addition, the parties may add: