When mentioning the term “referee”, we will think of people who know the “rules of the game”, understand the “rules of the game” and manage the game in the fairest and most effective way. From the perspective of legal science, “arbitration” – a form of litigation outside of court – also carries that sacred mission. Specifically, the parties to the dispute agree that if any dispute arises, it will be resolved by one or more people (called “arbitrators” or “Arbitration Council”). Such decisions and rulings are mandatory for the parties to comply with and implement.
So what is an “arbitrator”?
Pursuant to the provisions of Clause 5, Article 3 of the Law on Commercial Arbitration 2010, “An arbitrator is a person selected by the parties or appointed by the Arbitration Center or Court to resolve disputes.”
It can be understood that, when the parties choose arbitration proceedings to resolve a dispute, the parties in this dispute relationship will have the right to choose an Arbitrator. In case the parties cannot choose a suitable arbitrator, the arbitrator will be assigned according to the regulations of the Arbitration Center or as designated by a competent state agency. Therefore, the status of an arbitrator is only established at the request of the litigant.
Practice shows that Arbitrators play a key role in guiding the resolution of cases. A good arbitrator is an arbitrator who resolves the case objectively and impartially; contributing to helping cases be resolved more quickly, fairly and effectively.
To become an arbitrator, what conditions must an individual meet?
To be able to practice arbitration, in addition to meeting professional standards, Arbitrators are obliged to comply with the principles of arbitration proceedings and professional ethics rules.
First, the arbitrator must respect the parties’ agreement if that agreement does not violate prohibitions and is contrary to social ethics.
This is considered the most important principle of arbitration proceedings, self-agreement is the foundation of legal regulations related to arbitration. However, respecting the will of the parties does not mean that the arbitrator becomes dependent and biased towards any party. The minimum procedures and relevant legal principles are binding on the arbitrator’s responsibilities during the settlement process.
Second, the arbitrator must be independent, impartial and objective.
This is the second principle mentioned in Article 4 of the 2010 Commercial Arbitration Law. Arbitrators must meet certain conditions to ensure that they are independent, impartial and objective in resolving disputes. challenge.
Furthermore, to become an arbitrator, one must fully meet the conditions specified in Article 20 of the Commercial Arbitration Law.
When participating in resolving a dispute, the arbitrator must truly be an independent, impartial third person, not related to the parties in dispute nor have any interests related to that dispute.
If violated, the arbitrator must refuse to resolve the dispute or the parties have the right to challenge the arbitrator. During the resolution process, the arbitrator must base on the circumstances of the case, verify the matter if necessary, and must base on the evidence collected to make a decision.
In particular, no one has the right to intervene or direct the resolution of disputes by the arbitrator or the Arbitration Council.
Ultimately, the arbitrator must rely on the law
This is considered a very important principle in all legal proceedings as well as solving all problems of social life. Although the arbitrator is obliged to respect the parties’ agreement, the arbitrator is above all obliged to comply with the law. Furthermore, in the professional standards of arbitrators, the condition that an individual has knowledge of the law and has many years of experience working in the legal field is a mandatory condition. Therefore, resolving the case on the basis of law is a mandatory requirement for each arbitrator.
What types of arbitrators are there for the parties to choose from?
In the commercial field, arbitration exists in two forms: ad hoc arbitration and permanent arbitration.
Accordingly, ad hoc arbitration is an arbitration method established by agreement between the parties to resolve disputes between the parties and will cease to exist when the case is resolved.
Arbitrate the caseAd hoc arbitration does not have a permanent headquarters, no executive apparatus and no list of arbitrators, nor does it have its own procedural rules, but builds procedural rules according to the agreement of the parties. litigant.
Meanwhile, permanent arbitration is organized in the form of arbitration centers, arbitration associations or arbitration institutes. In Vietnam, this model is regulated as an Arbitration Center, which is a non-governmental organization with legal status, a seal, its own account and a stable transaction office.
Thus, an Arbitrator is a person selected by the parties based on the case arbitrators or appointed by the Arbitration Center or Court based on the list of permanent arbitrators at the Arbitration Center. At the same time, to become an arbitrator, an individual needs to meet legal requirements regarding professional qualifications as well as professional ethics.
