Chương I Pháp lệnh Trọng tài Thương mại năm 2003: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Ordinance provides for the arbitration organization and procedures for settling disputes arising from commercial activities as agreed upon by the involved parties.

Article 2.- Interpretation of terms

In this Ordinance the following terms are construed as follows:

1. Arbitration is a mode of settling disputes that arise from commercial activities, which is agreed upon by the involved parties and carried out according to the proceeding order and procedures prescribed by this Ordinance.

2. Arbitration agreement is an agreement between the involved parties pledging to settle through arbitration disputes which may arise or have arisen in commercial activities.

3. Commercial activities means the performance of one or many trading acts by business people or organizations, including goods purchase and sale, service provision; distribution; trade representation and agency; consignment; renting and lease; hire purchase; construction; consultancy; technology; licensing; investment; financing; banking; insurance; exploration and exploitation; transport of goods and passengers by air, sea, rail, land , and other commercial acts as prescribed by law.

4. Disputes involving foreign elements are those arising from commercial activities with one participating party or all participating parties being foreigners, foreign legal persons, or those with the bases for establishing, changing or terminating disputed relationships arising abroad or with involved properties situated abroad.

5. Arbitrators are those who satisfy all conditions specified in Article 12 of this Ordinance, are selected by the involved parties or appointed by Arbitration Centers or competent courts to settle disputes.

6. Relatives are those who belong to the three inheritance ranks prescribed by the Civil Code.

7. Force majeure events are events occurring objectively, unforeseeably and irremediably though every possible necessary measure has been taken

Article 3.- Principles for dispute settlement through arbitration

1. Disputes shall be settled through arbitration if the involved parties reach an arbitration agreement before or after the disputes arise

2. When settling disputes, arbitrators must be independent, objective and impartial, comply with law and respect the involved parties’ agreement.

Article 4.- Forms of dispute settlement through arbitration

Disputes between the involved parties shall be settled at the Arbitration Council organized by the Arbitration Centers or at the Arbitration Councils set up by the involved parties under the provisions of this Ordinance.

An Arbitration Council shall be composed of three arbitrators or a sole arbitrator as, agreed upon by the involved parties.

Article 5.- Jurisdiction to settle disputes in cases where there is arbitration agreement

For cases of dispute where there is arbitration agreement, if one party initiates a lawsuit at a court, the court must refuse to handle them, unless such arbitration agreement is invalid.

Article 6.- Effect of arbitral awards

Arbitral awards shall be final and binding on all the involved parties, except where they are cancelled by courts under the provisions of this Ordinance.

Article 7.- Principles for application of laws to settling disputes

1. For disputes between Vietnamese parties, the Arbitration Councils shall apply Vietnamese laws to settling them.

2. For disputes involving foreign elements, the Arbitration Councils shall apply the laws selected by the involved parties. The selection and application of foreign laws must not contravene the fundamental principles of Vietnamese law.

Where the involved parties fail to select laws for settling their disputes, the Arbitration Councils shall make decision.

Article 8.- Application of international agreements

If an international agreement which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from those of this Ordinance, the provisions of such international agreement shall apply.