vietnam international arbitration centre at the … · 04/12/2016 · 2015 statistic also recorded...
TRANSCRIPT
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: [email protected]
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: [email protected]