Question:
Can I challenge an arbitration award in Vietnam if the tribunal ignored key evidence? I had a contract dispute with a supplier and the arbitration tribunal issued an award against me. They refused to consider some emails and delivery records I submitted. What are my options and deadlines to set aside or appeal the award in Vietnam?
Answer:
In Vietnam, arbitration awards are generally final and binding, and there is no appeal on the merits. However, Vietnamese law does allow a limited mechanism to set aside an arbitral award in specific circumstances, including serious procedural violations.
Can an arbitration award be challenged?
Yes, but only through an application to set aside the arbitral award, not an appeal. This procedure is governed by the Law on Commercial Arbitration 2010.
An award may be set aside if the applicant can demonstrate one of the statutory grounds, including situations where:
– The arbitral tribunal seriously violated arbitral procedures agreed by the parties or prescribed by law; or
– The tribunal failed to consider material evidence that was properly submitted and could have materially affected the outcome.
Vietnamese courts do not re-examine the facts of the dispute but will review whether due process and fundamental procedural requirements were respected.
Deadlines to apply for setting aside
The application must be filed within 30 days from the date the arbitral award is received.
This is a strict statutory deadline. Late filings are generally rejected, regardless of the merits of the complaint.
Competent court and procedure
The application is submitted to the People’s Court with jurisdiction over the place where the arbitral tribunal issued the award.
The court will review:
– Whether the statutory grounds for setting aside are met; and
– Whether the alleged procedural violations are serious enough to justify annulment.
If the award is set aside, the dispute may be re-arbitrated or resolved through other agreed mechanisms. If the request is rejected, the award remains enforceable in Vietnam.
Practical considerations
Challenges based on “ignored evidence” are highly fact-specific. Courts will typically examine:
– Whether the evidence was duly submitted in accordance with arbitral procedure;
– Whether the tribunal acknowledged or addressed the evidence in the award; and
– Whether the omission amounts to a serious procedural breach rather than a mere disagreement on evidentiary weight.
It is critical to assess the arbitral record and procedural history carefully before initiating a set-aside action.
You may wish to seek tailored legal advice for your specific situation. If you require professional legal assistance, please feel free to contact La Défense at office@ladefense.vn or by phone at +84 24 8888 1118.
Orther relevant articles:
- Dispute Resolution through Arbitration and Court
- How Businesses Can Comply with Vietnam’s New Personal Data Protection Regulations
- Building a Trade-Compliance Roadmap to Avoid Anti Dumping Risks in Vietnam