Chương II Luật trọng tài thương mại 2010: Thỏa thuận trọng tài

Chapter II

ARBITRATION AGREEMENTS

Article 16. Forms of arbitration agreement

1. An arbitration agreement may be made in the form of an arbitral clause in a contract or in the form of a separate agreement.

2. An arbitration agreement must be in writing. The following forms of agreement may also be regarded as written form:

a/ Agreement made through communication between the parties by telegram, fax, telex, email or other forms provided for by law;

b/ Agreement made through exchange of written information between the parties;

c/ Agreement recorded in writing by a lawyer, notary public or competent institution at the request of the parties:

d/ In their transactions, the parties make reference to a document such as a contract, document, company charter or other similar documents which contains an arbitration agreement;

e/ Agreement made through exchange of petitions and self-defense statements which reflect the existence of an agreement proposed by a party and not denied by the other party.

Article 17. Consumer right to select dispute settlement modes

For disputes between goods or service providers and customers, though an arbitral clause has been included in general conditions on goods and service provision drafted by goods or service providers, consumers may select arbitration or a court to settle these disputes. Goods or service providers may initiate lawsuits at arbitration only if so consented by consumers.

Article 18. Invalid arbitration agreements

1. Disputes arise in the domains falling beyond the arbitration's jurisdiction defined in Article 2 of this Law.

2. The arbitration agreement maker has no competence defined by law.

3. The arbitration agreement maker has no civil act capacity under the Civil Code.

4. The form of the arbitration agreement is incompliant with Article 16 of this Law.

5. A party is deceived, intimidated or compelled in the course of making the arbitration agreement and requests a declaration that such arbitration agreement is invalid.

6. The arbitration agreement breaches prohibitions specified by law.

Article 19. Independence of arbitration agreement

An arbitration agreement is entirely independent from the contract. Any modification, extension, cancellation, invalidation or nonperformance of the contract will not invalidate the arbitration agreement.