Under Article 16 of Vietnam Law on Commercial Arbitration, forms
of arbitration agreement resolving disputes are in written form. In
particular:
Arbitration Lawyers in Vietnam
An arbitration agreement may be made in the form of an arbitral
clause in a contract or in the form of a separate agreement.
An arbitration agreement must be in writing. The following forms
of agreement may also be regarded as written form:
1.Agreement made through communication between the parties by
telegram, fax, telex, email or other forms provided for by law;
2.Agreement made through exchange of written information between
the parties;
3.Agreement recorded in writing by a lawyer, notary public or
competent institution at the request of the parties:
4.In their transactions, the parties make reference to a document
such as a contract, document, company charter or other similar documents which
contains an arbitration agreement;
5.Agreement made through exchange of petitions and self-defense
statements which reflect the existence of an agreement proposed by a party and
not denied by the other party.
In case multiple arbitration agreements are reached on the same
dispute, the latest lawful agreement shall apply.
If the contents of an arbitration agreement are not clear or could
be understood in more than one way, regulations of the Civil Code shall apply.
When there is a handover of rights and obligations under a
transaction or contract which contains a lawful arbitration agreement, such
agreement is still applicable to the transferee and the transferor, unless
otherwise agreed by the parties concerned.
Multiple legal relationships to resolve the same case shall be
combined if the parties agree to combine multiple legal relationships to
resolve the same case, or the arbitration rules allow for combination
of multiple legal relationships to resolve the same case.
Arbitration
lawyers in Vietnam at ANT
Lawyers - Law firm in Vietnam with accreditation in national and international
arbitration practice could help providing legal advice in disputed matters, and
guide the clients throughout the process. The arbitration lawyers could also
advise the clients on various matters from choice of arbitrator, choice of
arbitration rules, ad-hoc or institutional arbitration, place of arbitration,
enforcement of arbitral award.
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