What are Arbitrators? Rights and obligations of arbitrators in accordance with the current Law on Commercial arbitration. The following article, provided by CNC Counsel, shall provide essential pertaining the above matter.
What Are Arbitrators?
Arbitrators are qualified individuals chosen by parties to disputes or potential disputes or, they are appointed to resolve disputes via arbitration in accordance with the Law on Commercial Arbitration. Qualified is defined as meeting or exceeding all standards and requirements set out by and the law.
Moreover, arbitrators are also experts and scholars who possess extensive knowledge, practical experience, good morals, honesty, and impartiality.
Requirements For Arbitrators
According to Article 20, of the Law on Commercial Arbitration of 2010, any person who desires to become an arbitrator must meet the following requirements:
- Full capacity for civil acts per Civil Code;
- Graduated from university and served in the majored field for greater than 5-years;
- In special cases, experts with high levels of expertise and vast practical experience may be chosen to be an Arbitrator despite the above-mentioned second requirement not being met.
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People Ineligible To Be Arbitrators
The Law on Commercial Arbitration of 2010 also specifies cases in which people are prohibited from becoming arbitrators. To be specific:
- People who are Judges, Procurators, Investigators, Enforcement Officers, or Civil servants of People’s Courts, People’s Procuracies, Investigation Agencies, or Judgment Enforcement Agencies.
- People presently under prosecution for criminal liability, serving a sentence, or have yet to have their criminal record expunged.
Rights And Obligations Of Arbitrators
Per Article 21, of the Law on Commercial Arbitration of 2010, Arbitrators have the following rights and obligations:
Rights of Arbitrators
- Accept or reject of the role of arbitrator for disputes
- Remain independent during the dispute resolution process
- Refuse the request to provide information related to the dispute
- Be compensated for arbitral service
Obligations of Arbitrators
- Maintain the confidentiality of any and all information related to the disputes, unless disclosure is required by the authorities in accordance with the law
- Ensure that the dispute resolution impartial, prompt, and timely.
- Adhere to the code of ethics
Cases In Which Appointed Arbitrators May Be Challenged
Clause 1 Article 42, of the Law on Commercial Arbitration of 2010 on challenging of arbitrators is stipulated as follows:
Parties may challenge appointed arbitrators under the following cases
a) Arbitrators are relatives or representatives of one or both of the parties. Arbitrators’ interests are conflicted.
b) Concrete basis for Arbitrator’s incapability to remain impartial and independent
c) An Arbitrator was the mediator, representative, or lawyer for any party to the same dispute prior to the request for arbitration, unless the parties agreed to or approved in writing of such arbitrator.
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The Procedure To Make Amendments To The List of Arbitrators
The procedure to make amendments to the list of arbitrators is specified in clause 2 Article 19 Decree No. 63/2011/ND-CP
Accordingly, whenever amendments are made to the list of arbitrators by Arbitration centers – branches of foreign arbitration organizations – a notification in writing must be sent within 7-business days of the decision on amendments to the Department of Justice located at the registered place of operation of Arbitration centers.
- Method of submission: Direct submission or dispatch services
- Submission components: Notification of amendments to the list of arbitrators of Arbitration Centers/ Branches of foreign arbitration organizations in Vietnam (Form No. 18/TP-TTTM).
- Quantity of submission: 01 Notification
- Duration:
- Competent Authority: Ministry of Justice
- Authorized individuals or agencies or divisions (if any): None
- Direct responsible authority: Judicial Support Authority
- Cooperation of other Agencies (if any): None
- Undertaking Party: Arbitration Centers/Branches of foreign arbitration organizations in Vietnam
- Name of the application form: Notification of amendments to the list of arbitrators of Arbitration Centers/ Branches of foreign arbitration organizations in Vietnam (Form No. 18/TP-TTTM)
- Fee (if any): None
- Results: An announcement and update of the list of arbitrators on the official website of the Ministry of Justice as specified in clause 3 Article 19 Decree No. 63/2011/ND-CP on the clarification and guidelines for some provisions in the Law on Commercial Arbitration of 2010.
Contact
The above article on “Arbitrators” provides information regarding the rights and obligations of Arbitrators and has been created for your reference. We hope that this article proves to be beneficial useful for your organization. For further information or clarification, please contact us via:
Address: 28 Mai Chi Tho, An Phu Ward, Thu Duc City, Ho Chi Minh City, Vietnam
Phone: (84) 28-6276 9900
Hotline: (84) 916-545-618
Email: contact@cnccounsel.com
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