Chương VIII Luật trọng tài thương mại 2010: Phiên họp giải quyết tranh chấp

Chapter VIII

DISPUTE SETTLEMENT MEETINGS

Article 54. Preparation for dispute settlement meetings

1. Unless otherwise agreed by the parties or provided by the arbitration center's rules of proceedings, the arbitration council shall decide on the time and venue for holding dispute settlement meetings.

2. Unless otherwise agreed by the parties or provided by the arbitration center's rules of proceedings, summons to a meeting shall be sent to the parties at least 30 days before the meeting starts.

Article 55. Composition and procedures of a dispute settlement meeting

1. A dispute settlement meeting shall be held in private, unless otherwise agreed by the parties.

2. The parties may personally, or authorize their representatives to. attend dispute settlement meetings and may invite witnesses and persons to protect their lawful rights and interests.

3. When agreed by the parties, the arbitration council may allow others to attend dispute settlement meetings.

4. The order and procedures for holding dispute settlement meetings shall be specified in the arbitration center's rules of arbitral proceedings or agreed by the parties in case of ad hoc arbitration.

Article 56. Absence of the parties

1. The plaintiff who has properly been summoned to attend a dispute settlement meeting but is absent without a plausible reason or leaves the meeting without the arbitration council's approval will be regarded as having withdrawn his/her petition. In this case, the arbitration council shall proceed with the dispute settlement if the plaintiff so requests or files a counter-claim.

2. In case the defendant who has properly been summoned to attend a dispute settlement meeting but is absent without a plausible reason or leaves the meeting without the arbitration councils approval, the arbitration council shall still proceed with the dispute settlement based on available documents and evidence.

3. At the request of the parties, the arbitration council may base itself on the dossiers to hold a dispute settlement meeting without the parties' presence.

Article 57. Postponement of a dispute settlement meeting

When having a plausible reason, one party or all parties may request the arbitration council to postpone a dispute settlement meeting. Such a request must be made in writing clearly stating the reason and enclosed with evidence and shall be sent to the arbitration council at least 7 working days before a meeting starts. If the arbitration council receives no request within this time limit, the postponement requester shall bear all expenses, if any. The arbitration council shall consider and decide to accept or not to accept a meeting postponement request and promptly notify such to the parties.

The arbitration council shall decide on the postponement duration.

Article 58. Conciliation and recognition of successful conciliation

At the request of the parties, the arbitration council shall conduct conciliation for the parties to reach agreement on the settlement of their dispute. If such an agreement can be reached, the arbitration council shall make a record of successful conciliation and have it signed by the parties and certified by the arbitrators. The arbitration council shall issue a decision recognizing the parties" agreement. This decision is final and as valid as an arbitral award.

Article 59. Termination of dispute settlement

1. Settlement of a dispute shall be terminated in the following cases:

a/ The individual plaintiff or defendant is dead without any heir of his/her rights and obligations:

b/ The institutional plaintiff or defendant has terminated its operation, gone bankrupt, or has been dissolved, consolidated, merged, divided, split up or reorganized without any agency or institution taking over its rights and obligations;

c/ The plaintiff withdraws his/her petition or is regarded as having withdrawn his/her petition under Clause 1. Article 56 of this Law. unless the defendant requests the settlement of the dispute to be continued;

d/ The parties agree to terminate the dispute settlement:

e/ A court has decided that the dispute falls beyond the arbitration council's jurisdiction, or there is no arbitration agreement, or the arbitration agreement is invalid or unrealizable under Clause 6, Article 44 of this Law.

2. The arbitration council shall issue a decision terminating the dispute settlement. If the arbitration council has not yet been formed, the arbitration center's chairman shall issue such decision.

3. When receiving a decision terminating the dispute settlement, the parties may not sue to request the arbitration to re-settle the dispute if there is no change in the plaintiff, defendant and legal relationships related to the dispute, except the cases specified at Point c and e. Clause 1 of this Article.