Chương II Pháp lệnh Trọng tài Thương mại năm 2003: Thỏa thuận trọng tài

Chapter II

ARBITRATION AGREEMENT

Article 9.- Forms of arbitration agreement

1. The arbitration agreements must be made in writing. Arbitration agreements reached through mails, telegrams, telex, fax, electronic mails or other written forms clearly expressing the wills of the involved parties to settle their disputes through arbitration shall be regarded as written arbitration agreements.

2. Arbitration agreement may be an arbitration clause in contracts or a separate agreement.

Article 10.- Invalid arbitration agreements

Arbitration agreements shall be invalid in the following cases, where:

1. Disputes arise not from commercial activities specified in Clause 3, Article 2 of this Ordinance;

2. The signers of the arbitration agreement are not competent to sign according to the law provisions;

3. One signer of the arbitration agreement does not have full civil act capacity;

4. The arbitration agreement fails to specify or specifies unclearly the disputed objects, or the arbitration institution competent to settle the dispute, but later the involved parties have no additional agreement;

5. The arbitration agreement has not been made under the provisions of Article 9 of this Ordinance;

6. The signers of the arbitration agreement are cheated, intimidated and request the arbitration agreement to be declared invalid; the statute of limitations for making such requests is six months as from the date of signing of the arbitration agreement but must be prior to the date on which the Arbitration Council holds the first meeting to settle the dispute under the provisions of Article 30 of this Ordinance.

Article 11.- Relationship between the arbitration clause and contracts

The arbitration clause exists independently from contracts. The modification, extension, cancellation or invalidity of contracts shall not affect the effect of the arbitration clause.

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