Ho Chi Minh City, 29 April 2025
Although arbitration is an independent dispute resolution mechanism, courts still play an essential role in supporting and supervising arbitration proceedings. From enforcing arbitration agreements to assisting with evidence collection and recognizing arbitral awards, court assistance can sometimes be necessary to ensure the effectiveness of arbitration.
In the final part of the Arbitration Insights series, we will analyze the extent of court involvement in arbitration, and practical implications for parties engaging in arbitration. Understanding the relationship between arbitration and the judiciary is crucial for businesses considering arbitration as their primary dispute resolution mechanism.
Court Authority over Arbitration Proceedings
As we discussed in Part 2 of this series, the court’s jurisdiction in supporting arbitration proceedings depends on the parties’ agreement regarding the seat/place of arbitration.
In Vietnam, the competent court responsible for assisting arbitration proceedings is the provincial-level People’s Court.
Depending on the circumstances, the party requesting court assistance in arbitration proceedings must pay court fees or charges, in accordance with the law.
Role of Court in relation to Arbitration
The court’s role in arbitration proceedings in Vietnam includes:
- Refusing to accept a case if the parties have a valid arbitration agreement;
- Appointing or replacing arbitrators in an ad hoc arbitral tribunal;
- Handling challenges to an arbitral tribunal’s decisions regarding the existence, validity, enforceability of an arbitration agreement, or the arbitral tribunal’s jurisdiction over the dispute;
- Reviewing requests for evidence collection, granting, modifying, or revoking interim measures, and summoning witnesses;
- Considering requests to setting aside an arbitral award;
- Considering requests to register an ad hoc arbitral award;
- Recognizing and enforcing a foreign arbitral award in Vietnam in accordance with international treaties to which Vietnam is a signatory; and
- Providing support to foreign arbitration proceedings in Vietnam, except for requests to setting aside or register foreign arbitral awards.
Conclusion
Although arbitration is a method of dispute resolution outside of court, the role of the court is still very important in supporting and ensuring the effectiveness of arbitration awards. Court support can help the arbitration process take place more effectively, but at the same time, the parties also need to clearly understand the scope of court assistance to avoid unwanted risks.
Hope you enjoy this series. Stay tuned so you don’t miss out on useful analysis in the next issues!
Disclaimer: This series is for informational purposes only and does not constitute legal advice. While we strive to provide accurate and up-to-date insights, the content herein should not be relied upon as a substitute for professional legal consultation. If you require legal advice regarding arbitration or any other matter, please consult a qualified legal professional.
