Chương XVII Bộ luật Hàng hải 2005: Giải quyết tranh chấp hàng hải

Chapter XVII

SETTLEMENT OF MARITIME DISPUTES

Article 258.- Maritime disputes

Maritime disputes are disputes arising from maritime shipping activities

Article 259.- Principles for settlement of maritime disputes

1. The disputing parties may settle their maritime disputes through negotiation, agreement or initiation of lawsuits before an arbitration or a court.

2. Maritime disputes will be settled by arbitration or court in accordance with the jurisdiction and procedures provided for by law.

Article 260.- Settlement of maritime disputes involving at least one party being a foreign organization or individual

1. Where a contract has at least one party being a foreign organization or individual, the contracting parties may agree to refer their disputes to a foreign arbitration or court.

2. Where the parties to a maritime dispute are all foreign organizations and/or individuals and they have agreed in writing to refer their dispute to a Vietnamese arbitration, the Vietnamese arbitration shall be entitled to settled such dispute, even though the dispute occurred outside the Vietnamese territory.

3. A maritime dispute specified in Clause 2 of this Article may be also settled by a Vietnamese court if the grounds for establishment, modification or termination of the relations among the parties to such dispute comply with the Vietnamese law or the property connected with such relations is located in Vietnam.

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