Chương XI Luật trọng tài thương mại 2010: Huỷ phán quyết trọng tài

Chapter XI

CANCELLATION OF ARBITRAL AWARDS

Article 68. Grounds for cancellation of arbitral awards

1. The court shall consider the cancellation of an arbitral award at the request of one of the parties.

2. An arbitral award shall be cancelled in any of the following cases:

a/ There is no arbitration agreement or the arbitration agreement is invalid;

b/ The arbitration council's composition or procedures of arbitral proceedings is/arc incompliant with the parties' agreement or this Law:

c/ The dispute falls beyond the arbitration council's jurisdiction: when an arbitral award contains the details falling beyond the arbitration council's jurisdiction, such details shall be cancelled:

d/ The evidence provided by the parties on which the arbitration council bases to issue the award is counterfeit: an arbitrator receives money, assets or other material benefits from one disputing party, thus affecting the objectivity and impartiality of the award;

e/ The award contravenes the fundamental principles of Vietnamese law.

3. When the court considers request for cancellation of an arbitral award, the burden of proof shall be determined as follows:

a/ The requester for cancellation of an arbitral award in any of the cases specified at Points a, b. c and d. Clause 2 of this Article has the burden lo prove that the arbitration council has issued the award falling into any of these cases;

b/ For a request to cancel an arbitral award on the ground specified at Point e. Clause 2 of this Article, the court shall itself collect and verify evidence in order to decide to cancel or not to cancel the arbitral award.

Article 69. Right to request cancellation of arbitral awards

1. Within 30 days after receiving an arbitral award, if a party has sufficient grounds for evidencing that the arbitration council has issued the award falling into any of the cases specified in Clause 2, Article 68 of this Law. it may file a request with the competent court for cancellation of such award. Such request must be enclosed with documents and evidence proving that such request is grounded and lawful.

2. When a request is lodged beyond the set time limit due to force majeure circumstances, the period in which such circumstances exist will not be included in the time limit for requesting cancellation of an arbitral award.

Article 70. Written requests for cancellation of arbitral awards

1. A written request for cancellation of an arbitral award must contain:

a/ Dale of making;

b/ Name and address of the requester:

c/ Request and grounds for cancellation of the award.

2. A written request must be enclosed with the following papers:

a/ Original or certified copy of the arbitral award;

b/ Original or certified copy of the arbitration agreement.

Enclosed papers in a foreign language shall be translated into Vietnamese and such translations shall be legally certified.

Article 71. Examination by courts of written requests for cancellation of arbitral awards

1. After accepting a written request for cancellation of an arbitral award, the competent court shall immediately notify such to the arbitration center or arbitrators of the ad hoc arbitration council, the disputing parties and the procuracy of the same level.

2. Within 7 working days after accepting a written request, the court president shall designate an examination council which is composed of three judges, including one to act as the chair as assigned by the court president.

Within 30 days after being designated, the examination council shall hold a meeting to examine the written request for cancellation of an arbitral award. The court shall, within 7 working days before opening the meeting, transfer the dossier to the procuracy of the same level for study before attending this meeting. Upon the expiration of this lime limit, the procuracy shall return the dossier to the court for opening a meeting to examine the written request.

3. A meeting shall be conducted in the presence of the disputing parties and their lawyers, if any. and a procurator of the procuracy of the same level. If one of the parties is absent or has been properly summoned but is absent without a plausible reason or leaves the meeting without the council's consent, the council shall still examine the written request.

4. When examining the written request, the council shall base itself on Article 68 of this Law and enclosed documents to consider and make decision: it will not review the dispute already settled by the arbitration council. After examining the written request and enclosed documents and hearing opinions of the summoned persons, if any. and after the procurator presents the procuracy's opinions, the council shall discuss and make decision by majority vote.

5. The examination council may decide to cancel or not to cancel an arbitral award. When the requester withdraws the request or has been properly summoned but is absent without a plausible reason or leaves the meeting without the council's consent, the council shall decide to terminate the examination of such request.

6. Within 5 working days after issuing a decision, the court shall send it to the parties, the arbitration center or ad hoc arbitrator and the procuracy of the same level.

7. At the request of one of the parties and when appropriate, the examination council may suspend the examination and processing of a request for not more than 60 days in order to facilitate the arbitration council in correcting errors of the arbitral proceedings in its viewpoint in order to remove the grounds for canceling the arbitral award. The arbitration council shall notify the court of such correction. If the arbitration council fails to correct errors in the proceedings, the examination council shall continue examining the written request.

8. If the examination council issues a decision canceling the arbitral award, the parties may reach new agreement to bring their dispute to arbitration or any of them may initiate a lawsuit at court. If the examination council does not cancel the arbitral award, such award shall be enforced.

9. In all cases, the time for dispute settlement at arbitration and for carrying out procedures to cancel an arbitral award at court will not be included in the statute of limitations for initiating a lawsuit.

10. The courts decision is final and effective for enforcement.

Article 72. Court fees related to arbitration

Fees for requesting a court to designate an arbitrator or apply interim urgent measures, requesting cancellation of arbitral awards or registering arbitral awards, and other fees comply with the law on legal costs and court fees.