PHAN TRONG DAT – Vice Secretary General

VIETNAM INTERNATIONAL ARBITRATION CENTRE

VIETNAM INTERNATIONAL ARBITRATION CENTRE

AT THE CHAMBER OF COMMERCE AND INDUSTRY

Established in 1993

The mergence of

• Foreign Trade Arbitration Council (1963) and;

• Maritime Arbitration Council (1964)

Non-government, Independence

HEAD-OFFICE

VIAC Overview

VIAC is also the ONLY Vietnamese arbitration institution where arbitrating parties having DIVERSE nationalities. In this 2015, disputing parties from China (including Hong Kong) were involved into 50% of foreign related cases approximately. 2015 statistic also recorded the first time parties from Italia, Bermuda etc... arbitrating at VIAC

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Statistics on Nationalities of Parties

International Sale of Goods 61%

Domestic Sale of Goods 39%

Types of disputes

Sale of Goods 46%

Others 54%

Types of disputes (By 24.11.2016)

Statistics on Sale of Goods Disputes

Overview of common international sales of goods disputes involving Vietnamese enterprises

1. Seller’s breach

Non-delivery

Late delivery

Non-conformity of goods(type, quality, quantity, time, place)

Non-transfer of documents

2. Buyer’s breach

Non-payment, including

failing to open L/C

Late payment

Non receipt of goods

Delay in receipt of goods

Applicable law, amiable compositeur

Article 35

1. The arbitral tribunal shall apply the rules of law designated by the

parties as applicable to the substance of the dispute. Failing such

designation by the parties, the arbitral tribunal shall apply the law

which it determines to be appropriate.

2. The arbitral tribunal shall decide as amiable compositeur or ex aequo

et bono only if the parties have expressly authorized the arbitral tribunal

to do so.

3. In all cases, the arbitral tribunal shall decide in accordance with the

terms of the contract, if any, and shall take into account any usage of

trade applicable to the transaction.

Uncitral Arbitration Rules 2010

Article 21: Applicable Rules of Law

1) The parties shall be free to agree upon the rules

of law to be applied by the arbitral tribunal to the

merits of the dispute. In the absence of any

such agreement, the arbitral tribunal shall

apply the rules of law which it determines to

be appropriate.

2) The arbitral tribunal shall take account of the

provisions of the contract, if any, between the

parties and of any relevant trade usages.

3) The arbitral tribunal shall assume the powers of

an amiable compositeur or decide ex aequo et

bono only if the parties have agreed to give it

such powers.

ICC Arbitration Rules 2012

Rule 31: Applicable Law, Amiable

Compositeur and Ex Aequo et Bono

31.1. The Tribunal shall apply the law or rules of law

designated by the parties as applicable to the

substance of the dispute. Failing such designation

by the parties, the Tribunal shall apply the law or

rules of law which it determines to be

appropriate.

31.2. The Tribunal shall decide as amiable

compositeur or ex aequo et bono only if the parties

have expressly authorised it to do so.

31.3. In all cases, the Tribunal shall decide in

accordance with the terms of the contract, if any,

and shall take into account any applicable usage of

trade.

SIAC Arbitration Rules 2016

Article 35 – Applicable Law, Amiable Compositeur

35.1 The arbitral tribunal shall decide the substance of

the dispute in accordance with the rules of law agreed

upon by the parties. Any designation of the law or legal

system of a given jurisdiction shall be construed, unless

otherwise expressed, as directly referring to the

substantive law of that jurisdiction and not to its conflict

of laws rules. Failing such designation by the parties,

the arbitral tribunal shall apply the rules of law

which it determines to be appropriate.

35.2 The arbitral tribunal shall decide as amiable

compositeur or ex aequo et bono only if the parties

have expressly agreed that the arbitral tribunal should

do so.

35.3 In all cases, the arbitral tribunal shall decide the

case in accordance with the terms of the relevant

contract(s) and may take into account the usages of the

trade applicable to the transaction(s).

HKIAC Arbitration Rules 2013

Article 22. Applicable law

1. For disputes without a foreign element, the

Arbitral Tribunal shall apply the law of Vietnam.

2. For disputes with a foreign element, the Arbitral

Tribunal shall apply the law agreed by the parties; if

the parties do not have any agreement on the

applicable law, the Arbitral Tribunal shall

determine the law it considers the most

appropriate.

3. If the law of Vietnam, the law agreed by the

parties or the law determined by the Arbitral

Tribunal does not contain specific provisions

relevant to the merits of the dispute, the Arbitral

Tribunal may apply appropriate trade usages to

resolve the dispute.

VIAC Rules of Arbitration 2012

Some cases

Contracts Decisions

Case No.1

No agreement on applicable law; a Party requested the application of CISG

as CISG bears international and neutral nature

No application of CISG. The law considered appropriate is the laws of Vietnam

Case No.2

No agreement on applicable law; an agreement for reference to international guide and practice

(ICC's Act of God Clause and Incoterms 2010)

No application of CISG. The law considered appropriate is the laws of Vietnam

Case No.3

No explicit agreement on applicable law; an agreement for reference to International

Commercial Laws

Application of CISG (and Incoterms 2000 and URC 522 1995)

VIETNAM INTERNATIONAL ARBITRATION CENTRE

Head-quarter

VCCI tower, 9 Dao Duy Anh, Dong Da Dist, Hanoi, Vietnam

Phone: (84.4) 3 574 4001 - Fax: (84.4) 3 574 3001

Website: www.viac.vn - Email: info@viac.org.vn

HCMC Branch

VCCI tower, No. 171 Vo Thi Sau, District No. 3, HCMC,

Vietnam

Phone: (84.8) 3 9321632 - Fax: (84.3) 3 932 0119

Website: www.viac.vn - Email: info@viac.org.vn