Chương VI Pháp lệnh Trọng tài Thương mại năm 2003: Huỷ quyết định trọng tài, thi hành quyết định trọng tài

Chapter VI

CANCELLATION OF ARBITRAL AWARDS, ENFORCEMENT OF ARBITRAL AWARDS

Article 50.- The right to request the cancellation of arbitral awards

Within 30 days after receiving an arbitral award, if any party disagrees with such award, it may lodge a written request at the provincial-level court of the locality where the Arbitration Council issues such award, for cancellation thereof.

Where due to a force majeure event, such a written request is filed late, the duration when the force majeure event occurs shall not be included in the time limit for requesting the cancellation of arbitral awards.

Article 51.- Written requests for the cancellation of arbitral awards

1. A written request for the cancellation of an arbitral award must contain the following principal contents:

a/ The date on which the written request is made;

b/ The name and address of the requester of the cancellation of the arbitral award;

c/ The reasons for making the written request for cancellation of the arbitral award.

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

a/ The original or a duly notarized copy of the arbitral award;

b/ The original or a duly notarized copy of the arbitration agreement.

3. If papers enclosed with the written requests are in foreign languages, they must be translated into Vietnamese and their Vietnamese translations be duly notarized.

Article 52.- Handling of dossiers

1. After receiving the full papers specified in Article 51 of this Ordinance, the courts shall immediately notify the requesters to pay a fee.

The courts shall handle the dossiers as from the date the requesters pay the fee.

2. The courts may request the request filers to further explain matters still unclear in their written requests for the cancellation of the arbitral awards.

Article 53.- Courts considering written requests for the cancellation of arbitral awards

1. After handling the written requests for cancellation of the arbitral awards, the courts notify such to the Arbitration Centers or Arbitration Councils set up by the involved parties, the disputing parties and the Procuracies of the same level. For disputes the settlement of which has been organized by the Arbitration Centers, within seven working days after receiving the courts’ notices, the Arbitration Centers must transfer the dossiers to the courts.

2. Within 30 days from the date of handling the dossiers, the chief judges of the courts shall appoint a Trial Council composed of three judges, one of whom shall act as chief judge, and must open court sessions to consider the written requests for the cancellation of the arbitral awards.

The courts must transfer the dossiers to the Procuracies of the same level within seven working days before opening court sessions.

3. A court session shall be held in the presence of the involved parties and their lawyers (if any), and prosecutors of the Procuracies of the same level. If any of the parties asks the court to consider the request in his/her absentia, or, though having been summoned properly, is absent without plausible reasons or leaves the court session without the Trial Council’s consent, the Trial Council shall still continue considering the written request for the cancellation of the arbitral award.

4. While considering the written requests, the Trial Councils shall not review the disputes’ contents but only check the papers under the provisions of Article 51 of this Ordinance, compare the arbitral awards with the provisions of Article 54 of this Ordinance in order to make decisions.

5. After examining the written requests and enclosed papers, evidences (if any), hearing the opinions of the summoned people and the prosecutors, the Trial Councils shall deliberate and make decision by majority.

The Trial Councils may issue decisions to cancel or not to cancel the arbitral awards, or stop considering the written requests, if the requesters for the cancellation of the arbitral awards withdraw their written requests or are absent without plausible reasons though having been properly summoned, or leave the court sessions without the Trial Councils’ consent.

Within 15 days after making decisions, the courts must send copies of their decisions to the involved parties, the Arbitration Centers or Arbitration Councils set up by the involved parties and the Procuracies of the same level.

6. If the Trial Councils cancel the arbitral awards, unless otherwise agreed upon, the involved parties may bring their disputes to court for settlement.

7. If the Trial Councils do not cancel the arbitral awards, such arbitral awards shall be enforced under the provisions of Article 57 of this Ordinance.

Article 54.- Bases for cancellation of arbitral awards

The courts shall issue decisions to cancel the arbitral awards if the requesters are able to prove that the Arbitration Councils have issued such arbitral awards in one of the following cases:

1. There is no arbitration agreement;

2. The arbitration agreement is invalid under the provisions of Article 10 of this Ordinance;

3. The Arbitration Council’s composition and/or arbitral proceedings fail to comply with the involved parties’ agreements under the provisions of this Ordinance.

4. The dispute does not fall under the jurisdiction of the Arbitration Council; if part of the arbitral award does not fall under the jurisdiction of the Arbitration Council, such part shall be cancelled;

5. The requester is able to prove that during the process of settling the dispute an arbitrator(s) has breached the arbitrators’ obligations specified in Clause 2, Article 13 of this Ordinance.

6. The arbitral award runs counter to the public interests of the Socialist Republic of Vietnam.

Article 55.- Appeals and protests against court decisions

1. Within 15 days after the Courts issue decisions under the provisions of Article 53 of this Ordinance, the involved parties may lodge their appeals. the Procuracies of the same level or the Supreme People’s Court may issue protests against such decisions. The time limit for protests of the Procuracies of the same level and protests of the Supreme People’s Court is 15 days and 30 days respectively, counting from the date the Courts issue decisions.

Written appeals and protest decisions must clearly state the reasons and requirements for the appeals or protests and must be sent to the Courts which have issued the decisions in question. After receiving the written appeals, the Courts shall immediately notify the appellants to pay an appeal fee.

2. If any party is absent at the first-instance court session, the time limit for appeals specified in Clause 1 of this Article shall be counted from the date the copy of the decision is handed to the absentee; if an appeal is made late due to a force majeure event, the time limit shall be counted from the date such force majeure event no longer exists.

Within 15 days after receiving the protest decisions or written appeals and the appeal fee payment from the appellants, the courts which have issued the decisions must transfer the dossiers to the Supreme People’s Court.

Article 56.- Consideration of appeals and protests

1. Within 30 days after receiving the dossiers of appeals or protest decisions, the Supreme People’s Court must open court sessions to consider and make decision. If it is necessary to ask the appellants or protestors to explain their appeals’ or protests’ contents, the time limit for opening such court sessions may be prolonged but must not exceed 60 days after the date of receipt of the appeal or protest dossiers.

The Court must transfer dossiers to the Procuracy of the same level within 7 working days before opening court sessions.

2. A Council for consideration of appeals and/or protests shall be composed of three judges, with one of whom acting as chief judge under the appointment by the Supreme People’s Court.

A court session shall be held in the presence of the disputing parties, their lawyers (if any), and prosecutors of the Procuracy of the same level.

If the non-appellant party requests the Court to try in its absentia ,or is absent though having been summoned properly, without plausible reasons, or leaves the court session without the Trial Council’s consent, the Trial Council shall still hold the trial.

After examining the written appeals and/or protest decisions, enclosed documents and evidences (if any), and hearing the opinions of the summoned parties and the prosecutors, the Trial Councils shall deliberate and make decisions by majority.

The Trial Councils may keep intact, revise partially or wholly the decisions of the first-instance courts, stop the consideration of appeals if the Procuracies withdraw their protest decisions, the appellants withdraw their appeals, or are absent though having been summoned properly, without plausible reasons, or leave the court sessions without the Trial Councils’ consent.

The Supreme People’s Court’s decisions are final ones and have implementation effect.

Article 57.- Enforcement of arbitral awards

1. Past 30 days from the end of the time limit for enforcement of the arbitral awards, if any party fails to execute such award voluntarily or requests the cancellation thereof under the provisions of Article 50 of this Ordinance, the party in favor of whom the arbitral award is enforced may make a written request to the provincial-level judgment-executing agency of the locality where the party which is bound to execute the arbitral award is headquartered, resides or has its property, to enforce the arbitral award.

2. If one of the parties requests a court to cancel the arbitral award, the arbitral award shall be enforced as from the date the court’s decision not to cancel the arbitral award takes effect.

3. The order, procedures and time limit for enforcement of arbitral awards shall comply with the law provisions on execution of civil judgments.

Article 58.- Court fees related to arbitration

Fees for requesting the courts to appoint arbitrators, apply interim urgent measures, requesting the cancellation of arbitral awards and appeals against court decisions and other fees shall be stipulated by the Government.