The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: No.

  • Legal Provisions: Ordinance on Commercial Arbitration, Law 08 of 25 February 2003. An English version is provided on the website of the Vietnam International Centre. Law 54 on Commercial Arbitration of 17 June 2010. 

Arbitral Institutions

  • Vietnam International Arbitration Centre

  • Ho Chi Minh City Commercial Arbitration Center (TRACENT)

  • Pacific International Arbitration Center (PIAC)

  • Asean International Commercial Arbitration Centre (ACIAC)

  • Pacific International Arbitration Center (PIAC)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 12 September 1995); reservations:

1. [The Socialist Republic of Vietnam] considers the Convention to be applicable to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State. With respect to arbitral awards made in the territories of non-contracting States, it will apply the Convention on the basis of reciprocity.

2. The Convention will be applied only to differences arising out of legal relationships which are considered as commercial under the laws of Vietnam.

3. Interpretation of the Convention before the Vietnamese Courts or competent authorities should be made in accordance with the Constitution and the law of Viet Nam.

  • European Convention: No.

  • ICSID Convention: No.

  • Energy Charter Treaty: No.

 

Last updated February 2019