Article 1. Scope of application
This rule applies when: The parties to the dispute have an agreement to select an arbitration in writing to resolve the dispute and a party to sue at Thinh Tri Commercial Arbitration Center.
Article 2. Interpretation of the Terms
In this Code, the following terms are construed as follows:
1. The "Center" is the Thinh Tri Commercial Arbitration Center;
2. "List of Arbitrators" is a list of Arbitrators of the Center;
3. "Arbitral Council" is composed of many Arbitrators or a single Arbitrator;
4. "Plaintiff" includes a plaintiff or plaintiffs; A "defendant" includes one or more defendants.
5. "Objective obstacle" means a force majeure event that occurs objectively and unforeseenly and cannot be overcome despite the application of all necessary measures and capabilities. >
6. "Arbitration statute" means a form of dispute settlement at an arbitration center under the provisions of the Commercial Arbitration Law and the arbitration center's rules of procedure.
7. "Case arbitration" means a form of dispute settlement under the provisions of the Commercial Arbitration Law and the order and procedures agreed upon by the parties.
Article 3. Sending notices and documents; How to calculate a term
1. Notices and documents sent by a party to the Center must have a sufficient number of copies for each Center to send to each member of the arbitration council, one copy for each other and a copy for each.
2. Notices, documents sent by the Center to the parties at the addresses provided by the parties and may be delivered by direct delivery, registered mail, fax, email or by any other means available. acknowledge this submission.
3. The notice and documents sent by the Center to the parties are deemed to have been received on the date received by the parties, or are deemed to have been received on the delivery date if the notice or document was sent in accordance with paragraph 2. This.
4. The time limit provided for in this Code shall be calculated from the day following the date on which notice and documents are deemed received under Clause 3 of this Article. If the next day is not the working day as prescribed at the receiving place, this time limit will start from the next first working day. If the last day of the deadline is not the working day as specified at the destination, this deadline ends at the end of the next first working day. Days other than business days within the time limit count toward the term.
Article 4. Participation in arbitration proceedings
1. The parties may directly participate or authorize in writing representatives to participate in arbitration proceedings.
2. The arbitral tribunal or arbitration center, if the arbitration council has not been established, the center has the right to request the parties to provide evidence proving the competence of the participants in the arbitration proceedings.
Article 5. Starting arbitration
Unless the parties otherwise agree, arbitral proceedings commence on the date the Center receives the plaintiff's petition or from the defendant's receipt of the plaintiff's petition if the dispute is resolved by the Arbitration. the work prescribed in Clause 2, Article 7 of this Code.
Article 6. Dispute from multiple contracts
Claims arising out of more than one contract may be included in a petition to be settled in a dispute whether such claims are made on the basis of one or more significant agreements. fortune.
Article 7. Complaint /
1. A party wishing to sue at the Center must send the petition to the Center.
2. A petition must contain the following:
a) Date of making the lawsuit petition;
b) Names and addresses of the parties;
c) Summary of the content of the dispute;
d) Establishments initiating lawsuits;
d) Value of the dispute and other petitioning claims of the plaintiff;
e) Name of the person chosen by the plaintiff to act as an arbitrator or request the Center to appoint an arbitrator according to the provisions of Clause 1, Article 12 or Article 13 of this Code;
g) Signature and legal seal of the legal representative or the authorized representative in case the plaintiff is an organization, the signature of an individual or the authorized representative in case of the plaintiff is personal.
3. Attached to the petition must be the arbitration agreement and other relevant documents.
4. A lawsuit petition, arbitration agreement and other relevant documents must be sent in sufficient numbers according to the provisions of Clause 1, Article 3 of this Code.
Article 8. Sending notices, documents
Unless the parties have agreed otherwise on the time limit, within 10 days after the Center receives the petition, arbitration agreement, other relevant documents and documents, from the advance payment of arbitration fees Subject to the provisions of Article 35 of this Code, the Center shall send to the respondent notices, lawsuits, arbitration agreements and other relevant documents.
Article 9. Self-defense
1. Unless the parties otherwise agree on the time limit, within 30 days after the date of receiving the notice, lawsuit petition, arbitration agreement and other relevant documents, the defendant must send to the Center the self-defense copy. The self-defense statement must contain the following:
a) Date of making the self-defense statement;
b) Name and address of the defendant;
c) Self-protection facilities;
d) Name of the defendant selected to act as arbitrator or request the Center to appoint an arbitrator as prescribed in Clause 2 Article 12 or Article 13 of this Code;
d) Signature and legal seal of the legal representative or the authorized representative in case the defendant is an organization, the signature of an individual or the authorized representative in case the defendant is personal.
In the event that the defendant believes that the arbitration agreement does not exist, the arbitration agreement is invalid or the arbitration agreement cannot be implemented, the defendant must clearly state in the self-defense statement. If the defendant does not specify that in the self-defense statement, the defendant will lose the right to protest. In this case, the defendant must still choose the Arbitrator or request the Center to appoint an Arbitrator.
2. The center may extend the time limit for sending self-defense statements upon request of the defendant's extension. The request for extension must be made in writing and must be sent to the Center before the expiry of the time limit for sending the self-defense statement or before the expiry of the extended time limit for sending the self-defense statement.
In case of a request to extend the time limit for sending self-defense statements, the defendant shall still have to choose an arbitrator or request the center to appoint an arbitrator within 30 days as prescribed in Clause 1 of this Article.
3. The self-defense statement and related documents must be sent in sufficient numbers according to the provisions of Clause 1, Article 3 of this Code.
4. The arbitration proceedings are still conducted even if the defendant does not send the self-defense statement.
Article 10. Re-suing
1. The defendant has the right to sue the plaintiff. The lawsuit must be based on the arbitration agreement on which the plaintiff has sued the defendant. The lawsuit must be in separate, independent of the defense itself. The recourse must be sent to the Arbitration Center or to the Arbitration Council and the plaintiff, if the dispute is resolved by the Arbitration case, at the same time sending the self-defense statement.
2. A lawsuit must contain the following:
a) Date of filing the lawsuit;
b) Names and addresses of the parties;
c) Summary of the content of the lawsuit;
d) Establishments suing;
d) The value of the lawsuit and other requirements of the defendant;
e) Signature and legal seal of the legal representative or the authorized representative in case the defendant is an organization, the signature of an individual or the authorized representative in case the defendant is personal.
3. The counter-claim and related documents must be submitted in sufficient number of copies as prescribed in Clause 1, Article 3 of this Code.
4. Unless the parties otherwise agree on the time limit, within 10 days after receiving the counter-claim, relevant documents and documents of advance payment of arbitration fee of the defendant are specified in Article 35 of this Code, the Center sends to the plaintiff notice, counterclaim and related documents.
5. Unless the parties otherwise agree on the time limit, within 30 days after the date of receipt of the notice, counterclaim and related documents, the plaintiff must send to the Copy Center. self-defense against a lawsuit against a sufficient number of copies as prescribed in Clause 1, Article 3 of this Code.
6. The lawsuit is concurrently settled by the arbitration council itself settling the plaintiff's lawsuit.
Article 11. Number of Arbitrators
1. The dispute is settled by an arbitral tribunal consisting of one or more arbitrators under the agreement of the parties.
2. Where the parties have no agreement on the number of arbitrators, the Arbitration Council comprises three arbitrators.
Article 12. Establishment of an Arbitration Council composed of multiple Arbitrators
I. For the arbitral tribunal:
1. Unless the parties otherwise agree, the plaintiff must choose or request the Center to appoint an Arbitrator for the plaintiff. If there are many plaintiffs, the plaintiffs must either agree to select an arbitrator or agree to request the center to appoint an arbitrator and must notify the center. If the plaintiff requests the Center to appoint an Arbitrator, within 07 days after receiving this request, the President of the Center shall issue a decision to appoint the Arbitrator on behalf of the plaintiff.
2. Unless the parties otherwise agree, the defendant must choose the Arbitrator or request the Center to appoint an Arbitrator and must notify the Center within 30 days after the date of receiving the notice. Notice of action, arbitration agreement and other relevant documents.
If there are many defendants, the defendants must choose the Arbitrators to agree or request the Center to appoint Arbitrators and notify the Center.
If the defendant requests the Center to appoint an Arbitrator, within 7 days from the date of receiving this request, the President of the Center shall issue a decision to appoint the Arbitrator on behalf of the defendant.
If at the end of the 30-day time limit, the defendant does not choose the Arbitrator or does not request the Center to appoint an Arbitrator, within 07 days from the expiry date, the President of the Center shall issue a decision to appoint an Arbitrator on behalf of the defendant. If there are many defendants, if the defendants do not agree to select an arbitrator or do not agree to request the Center to appoint an arbitrator within 30 days, within 07 days from the expiry date, President of Center decides to appoint Arbitrator on behalf of defendants.
3. Unless otherwise agreed by the parties, within 15 days from the date the arbitrator selected by the parties or appointed by the President of the Center receives notice of being selected or appointed as Arbitrator , the Arbitrators must elect another Arbitrator to be the Chairman of the Arbitration Council and notify the Center. After this time limit, if the Center does not receive notice of the election of the Chairman of the Arbitration Council, within 7 days after the expiry of the time limit, the President of the Center shall issue a decision to appoint the President of the Arbitration Council.
II. For the arbitration council:
- Unless the parties otherwise agree, within 30 days from the date the defendant receives the plaintiff's petition, the defendant must choose the Arbitrator for the defendant and notify the plaintiff. After this time, the plaintiff does not receive the notice of the defendant selecting the Arbitrator and the parties also have no other agreement on requesting the Center to appoint the Arbitrator, the plaintiff has the right to request the competent Court. the right to appoint an arbitrator for the defendant.
- In the case of a dispute involving many defendants, the defendants must agree to select the Arbitrator within 30 days from the date of receiving the plaintiff's petition and accompanying documents. Upon expiry of this time-limit, if the parties fail to reach an agreement on the Arbitration and there is no other agreement on requesting the Center to appoint an Arbitrator, one or the parties may request the Court to appoint the Arbitrator. a member of the defendant.
- Within 15 days after being selected by the parties or appointed by the Court, the Arbitrators elect another Arbitrator to be the Chairman of the Arbitration Council. If the Chairman of the arbitral tribunal cannot be elected and the parties do not otherwise agree, the parties may request the competent court to appoint the President of the arbitral tribunal.
III. Consider when issuing a decision to appoint an arbitrator.
The President of the Center shall consider the necessary criteria of the Arbitrator under the agreement of the parties, according to this Code and designate the Arbitrator with sufficient time and conditions to participate to resolve the dispute. effective.
Article 13. Establishment of an Arbitration Council composed of a single Arbitrator
If the parties agree that the dispute is settled by a single arbitrator but cannot choose, within 30 days after the defendant receives the plaintiff's petition, the parties have the right to request Central Bridge appoints the Arbitrator only and must notify the Center. Within 7 days after receiving the request, the President of the Center shall issue a decision to appoint a sole arbitrator.
In case the parties do not have agreement on the Center appointing Arbitrators, one or both parties have the right to request the competent Court to appoint the sole Arbitrator.
Article 14. Withdrawal of a lawsuit petition, re-suing, amendment and supplementation of the lawsuit petition, counterclaim, defense statement and self-defense statement against the complaint
1. Before the arbitral tribunal makes an arbitral award, the parties have the right to withdraw the petition or petition.
2. The parties may amend and supplement the lawsuit petition, counter-claim, the defendant's self-defense statement and the plaintiff's self-defense statement against the lawsuit before the conclusion.
end of the last meeting to resolve the dispute. Amendments and supplements must be made in writing in a sufficient number of copies as prescribed in Clause 1, Article 3 of this Code. The arbitral tribunal reserves the right not to accept such amendments and additions if it is found that such amendments or abuses are abused to create difficulties, delay the arbitral award or beyond the scope of the arbitration agreement. User finances for the dispute.
Article 15. Combine multiple disputes into one dispute
1. The parties may agree to combine multiple disputes into one dispute. The center decides whether or not to combine multiple disputes into one dispute after considering the relevant factors.
2. Unless the parties otherwise agree, disputes are included in the dispute where the arbitration proceeding begins first.
Article 16. General provisions for Arbitrators
1. Upon receiving notice of being selected or appointed to be an Arbitrator and in the course of arbitration proceedings, the person selected or appointed to be Arbitrator must promptly notify the Center of any which incidents may cause doubts about their impartiality, independence and objectivity so that the Center will notify the parties.
2. Arbitrators must not act as lawyers of any party.
3. Persons selected or appointed to be arbitrators may not act as arbitrators in the following cases:
a) Relatives or representatives of one party;
b) There are relevant interests in the dispute;
c) The conciliator, the representative, and lawyer of any party in the dispute is being settled at the Center, unless the parties have agreed in writing;
d) There are clear grounds showing that the Arbitrator is not impartial, independent or impartial;
d) Fail to meet specific standards agreed upon by the parties;
e) Failure to meet the standards under the applicable arbitration law.
4. During the arbitration proceedings, the arbitrator shall not meet or contact privately with any party, neither party may meet or separate contact with the arbitrator to discuss matters related to the dispute. challenge.
5. In cases where the parties have agreed on the specific criteria of the arbitrator, the arbitrator who meets that standard will be selected or appointed. Within 15 days after the date of receiving notice of the selected or appointed Arbitrator, if there is a request to change the Arbitrator on the grounds that such Arbitrator is not qualified but the parties have agreed, the arbitration in this case shall comply with the provisions of Article 17 of this Code.
Article 17. Change of Arbitrator
1. In case of an arbitrator in one of the cases prescribed in Clause 3, Article 16 of this Code, the arbitrator must refuse to settle the dispute and the parties may request to change the arbitrator.
2. An application to refuse to resolve a dispute by an arbitrator or a request to change an arbitrator of one party or parties must be sent to the Center. If the arbitral tribunal has not been established, the replacement of the arbitrator shall be decided by the President of the Center. If the arbitral tribunal has been established, the replacement of the arbitrator shall be decided by the remaining members of the arbitral tribunal; if the remaining members of the arbitral tribunal cannot decide, the President of the Center shall decisive.
In other cases, the replacement of the Arbitrator is decided by the President of the Center. In case the arbitration council is composed of the sole arbitrator, the change of the sole arbitrator shall be decided by the President of the Center. The decision of the remaining members of the arbitral tribunal or the President of the Center on the replacement of the arbitrator may not state the basis for the decision. This decision is final.
3. Where the remaining members of the Arbitration Council or the President of the Center decide to change the Arbitrator, the alternate Arbitrator may choose or be appointed according to the provisions of Article 12 or Article 13 of the Regulation. this switch. For the arbitrator who has been changed, the parties are not selected, the President of the Center is not appointed. If the remaining members of the arbitration council or the chairman of the center decide not to change the arbitrator, this arbitrator must continue to resolve the dispute.
4. The Center or Arbitration Council may set the costs arising from the change of the Arbitrator and decide whether one party or the parties must bear such costs.
5. If the arbitrator dies or because of an force majeure event or objective obstacle but is unable to continue participating in the settlement of the dispute, the selection or appointment of an alternate arbitrator shall comply with the provisions of Article 12 or Article 13 of this Code.
6. After consulting the parties, the arbitral tribunal may review matters raised at the previous dispute settlement meetings.
Article 18. Jurisdiction of affairs of the arbitral tribunal
The arbitral tribunal has the right to meet or discuss with one party with the participation of the other party in appropriate forms to clarify matters related to the dispute. The arbitral tribunal may, by itself or at the request of one or both parties, investigate the matter from a third person in the presence of the parties or after notification to the parties.
Article 19. Authority to collect evidence of the arbitral tribunal
1. The arbitral tribunal has the right to request evidence from the parties and the parties are obliged to provide evidence.
2. The arbitral tribunal has the right to ask witnesses to provide information and documents related to the dispute at the request of one party or the parties.
3. The arbitral tribunal itself or at the request of one party or the parties has the right to solicit expertise and valuation of assets in the dispute. Expenses for expert examination and property valuation shall be paid by the requester or by the arbitration council. In all cases, if the cost of expertise and valuation is not paid in full, the arbitral tribunal shall resolve the dispute on the basis of existing documents in the file.
4. The arbitral tribunal, by itself or at the request of one party or the parties, has the right to consult experts. The arbitral tribunal reserves the right to require the parties to provide experts with relevant information, or to allow experts to access related documents, goods or assets. Experts must submit a written report to the arbitral tribunal. After receiving the report, the arbitral tribunal shall send a copy of that report to the parties and request the parties to give their written opinion on the report. The cost of consulting experts shall be borne by the requestor or by the arbitral tribunal. In all cases, if the cost of expert advice is not paid in full, the arbitral tribunal shall resolve the dispute on the basis of existing documents in the file.
5. In cases where the arbitration council, one party or the parties have applied necessary measures to collect evidence but still cannot collect by themselves, they may send a written request to the competent court. support in accordance with the law.
Article 20. Competence to convene witnesses of the arbitral tribunal
1. At the request of one party or the parties and deeming it necessary, the arbitral tribunal may summon witnesses present at the dispute settlement meeting. The cost of a witness shall be borne by the party who requests to convene the witness or by the arbitral tribunal.
2. Where the witnesses have been duly summoned by the arbitration council but did not attend the dispute settlement meeting but without plausible reasons and their absence makes it difficult for the settlement of the dispute. If accepted, the arbitration council may send a written request to the competent court to issue a decision to summon witnesses to attend the dispute settlement meeting. The written request must clearly state the content of the dispute being settled, full name and address of the witness, the reason for convening the witness, the time and place where the witness must be present.
3. If the witnesses who have been duly summoned are absent, the arbitral tribunal shall decide to postpone the dispute settlement meeting or continue the dispute settlement meeting on the basis of existing documents in the dossier. Profile.
Article 21. Jurisdiction Interim urgent measures of the arbitral tribunal
1. At the request of one party, the arbitral tribunal may apply one or several provisional emergency measures to the disputing parties. Temporary emergency measures include:
a) Prohibiting the change of the current state of disputed properties;
b) Prohibiting or forcing any disputing party to perform one or certain acts in order to prevent acts adversely affecting arbitration proceedings;
c) Distraint of disputed properties;
d) Request to conserve, store, sell or dispose of any property of either party or disputing parties;
d) Temporary request for payment between the parties;
f) Prohibiting the transfer of property rights over disputed properties.
2. The order and procedures for applying, changing, supplementing or canceling the application of provisional emergency measures shall comply with the relevant law provisions.
3. In the course of arbitral proceedings, if one of the parties has requested the Court to apply one or several provisional emergency measures prescribed in Clause 1 of this Article and then makes a request to the Council If the arbitrator applies a provisional emergency measure, the arbitration council must refuse. The party requesting the Court to apply provisional emergency measures must immediately notify the Center of this request.
4. Requesting a court to apply a provisional emergency measure shall not constitute a waiver of the arbitration agreement or a waiver of the right to dispute settlement by arbitration.
Article 22. Preparing a dispute resolution meeting
1. Unless otherwise agreed by the parties, the time and place for conducting the meeting shall be decided by the arbitral tribunal.
2. Unless otherwise agreed by the parties, the summons to attend the meeting must be sent to the parties at least 15 working days before the opening of the meeting.
Article 23. Composition, procedure p dispute resolution meeting
1. A dispute settlement meeting shall be held publicly, unless otherwise agreed by the parties.
2. The parties may directly authorize the representative to attend the meeting, have the right to invite witnesses and defense counsels of their legitimate rights and interests, but must notify the arbitration council before opening. 03 working days.
3. The arbitral tribunal may, by itself or at the request of a party, have the right to invite organizations and individuals to appraise and valuate properties and experts to attend the dispute settlement meeting or to permit the other attend the dispute resolution meeting if agreed by the parties.
4. Order and procedures for conducting dispute resolution meeting:
- For arbitration rules prescribed by arbitration center rules of arbitration center;
- For the arbitration case agreed by the parties.
5. At the meeting to resolve the dispute, if the parties do not see any relevant documents or evidence to provide, the arbitral tribunal shall declare that the meeting to resolve this dispute is the last meeting. and. After the conclusion of the last meeting, the arbitral tribunal has no obligation to review any additional documents or evidence, unless the parties otherwise agree.
6. The President of the Arbitration Council must immediately notify the Center of his / her decisions stated in Clauses 1, 2 and 3 of this Article so that the Center can promptly notify the parties.
Article 24. Absences from parties
1. If plaintiffs who have been duly summoned to attend the dispute settlement meeting but are absent without plausible reasons or leave the dispute settlement meeting without the approval of the arbitration council shall be considered has withdrawn the lawsuit. In this case, the arbitral tribunal can only continue to resolve the dispute when the defendant requests or has a lawsuit.
2. If the defendant who has been duly summoned to attend the dispute settlement meeting but is absent without plausible reason or leaves the dispute settlement meeting without the approval of the arbitration council, the council The arbitrator continues to resolve the dispute based on existing documents and evidence in the file.
3. In the event of a counter-claim, if the defendant has been duly summoned to attend the dispute resolution meeting but is absent without a plausible reason or leaves the dispute settlement meeting without getting the Association If the arbitration agreement agrees, it shall be considered as having withdrawn the lawsuit. In this case, the arbitral tribunal shall only continue to resolve the lawsuit at the request of the plaintiff.
4. At the request of one party or the parties, the arbitral tribunal may base itself on the existing documents and evidence in the file to conduct a dispute settlement meeting without the presence of the parties.
Article 25. Postponement of a dispute resolution meeting
1. If there is a plausible reason, one party or the parties may request the arbitration council to postpone the dispute settlement meeting. The request to postpone a meeting must be in writing, clearly state the reasons, enclose evidence and send to the arbitration council at least 7 working days before the opening of the dispute settlement meeting.
In the event that the Center does not receive the request for postponement before the opening of the dispute resolution meeting within the prescribed time, the party requesting the postponement must bear all expenses incurred, if any.
The arbitral tribunal shall consider, decide to accept or not accept the request to postpone the meeting and immediately notify the Center of the above decision so that the Center will promptly notify the parties.
2. The arbitral tribunal may postpone the dispute settlement meeting in case of objective obstacles.
3. The time for postponing a meeting is decided by the arbitral tribunal.
Article 26. Language of arbitration
1. For disputes without foreign elements, the language used in arbitration proceedings is Vietnamese.
2. For disputes involving foreign elements or disputes involving at least one party being foreign-invested enterprises, the language used in arbitration proceedings shall be agreed upon by the parties. In the event that the parties have no agreement, the arbitral tribunal shall decide the language or languages used in arbitration proceedings, taking into account relevant factors including the language of the contract. >
3. If a document is made in a foreign language or the person participating in the arbitration proceedings is a foreigner, the parties must provide a translation of the document and hire their own translator. If a translation cannot be provided or an interpreter cannot be hired, the parties may request the arbitration center if the arbitration council has not been established or request the arbitration council to hire translators and interpreters. The request for an interpreter at least 05 working days before the date of the dispute settlement meeting.
Article 27. Applicable law for dispute resolution
1. For disputes without foreign elements, the arbitration council shall apply Vietnamese law.
2. For disputes involving foreign elements, the arbitration council shall apply the law agreed upon by the parties. In the event that the parties have no agreement on the applicable law, the arbitral tribunal decides to apply the law which the arbitration council deems most appropriate.
3. In all cases, the arbitral tribunal must consider the effective terms of the contract to resolve the dispute.
4. The arbitral tribunal may apply appropriate practices to resolve a dispute.
Article 28. Jurisdiction of Arbitral Tribunals
1. The arbitral tribunal has the right to decide on its own jurisdiction, whether there is an objection to the existence or validity of an arbitration agreement. The arbitration clause is a part of the contract which is considered to be an independent agreement with other terms of the contract. The decision of the arbitral tribunal determines that the nullity agreement does not invalidate the arbitration agreement.
2. Before considering the content of the dispute, the arbitral tribunal must consider the existence of an arbitration agreement, the validity of an arbitration agreement, and an arbitration agreement that is practicable.
Article 29. Mediation, recognition of successful mediation.
At the request of the parties, the arbitration council shall conduct conciliation so that the parties can reach an agreement on the settlement of the dispute. A record of successful mediation is made in case the parties reach an agreement on issues to be settled in the dispute, signed by the parties and signed for confirmation by the arbitrators or the sole arbitrator. In this case, the arbitral tribunal shall issue a decision recognizing the agreement of the parties, which is final and valid as the arbitral award.
Article 30. Suspension of dispute resolution
1. A dispute is suspended in the following cases:
a) The plaintiff or defendant is an individual who has died and his / her rights and obligations are not inherited; The plaintiff or defendant is an organization that has terminated its operations, went bankrupt, dissolved, amalgamated, merged, divided, separated or transformed its form without any organization receiving the rights and obligations of that organization;
b) The plaintiff withdraws the petition, unless the defendant has filed a lawsuit;
c) The plaintiff is considered to have withdrawn his / her lawsuit as prescribed in Clause 1, Article 24 of this Code, unless the defendant requests to continue settling the dispute;
d) The parties agree to terminate the settlement of the dispute;
d) When there is a decision of the arbitral tribunal as prescribed in Clause 2, Article 28 of this Code;
e) When there is a legally effective court decision that determines the dispute does not fall under the jurisdiction of the arbitral tribunal;
2. The arbitration council is competent to issue a decision to suspend the settlement of the dispute. In case the Arbitration Council has not been established, the President of the Center shall issue a decision to suspend the settlement of the dispute.
3. The decision to suspend the dispute settlement takes immediate legal effect.
4. The parties do not have the right to initiate a lawsuit to request the Arbitration to resolve that dispute again if the subsequent lawsuit is not different from the previous dispute about the plaintiff, the defendant and the dispute of legal relations, except the school. If the plaintiff withdraws the lawsuit petition or is considered to withdraw the lawsuit petition and the case has already been decided by the dispute Court is not under the jurisdiction of the arbitration council.
Article 31. Principles of making arbitral awards and decisions of the arbitral tribunal
In the case of an arbitral tribunal consisting of many arbitrators, the arbitral award and decisions of the arbitral tribunal shall be made on the principle of majority. If the majority is not reached, the arbitral award and the decisions of the arbitral tribunal are decided by the chairman of the arbitral tribunal.
Article 32. Arbitration award
1. The arbitral award must be made in writing and contain the following principal details:
a) Date, month, year and place of making the arbitral award;
b) Name and address of the plaintiff and defendant;
c) Name of the arbitrators or sole arbitrator;
d) Summary of the complaint and dispute issues, summary of the complaint and any dispute, if any;
d) Bases for making an arbitral award, unless the parties agree there is no need to state the basis in the arbitral award;
e) Results of dispute resolution;
g) Time limit for executing arbitral awards;
h) Allocation of arbitration fees and other related expenses;
i) Signatures of the arbitrators or sole arbitrators.
2. When an arbitrator does not sign the arbitral award, the chairman of the arbitral tribunal must record this in the arbitral award and specify the reasons. In this case, the arbitral award remains in effect.
3. The arbitral award must be made within 30 days after the end of the last meeting to resolve the dispute.
4. The arbitral award must be sent to the Center by the Arbitration Council right after the date of its creation. The center shall immediately send to the parties the originals or certified copies of the arbitral awards. The parties have the right to request the Center to issue more copies of the arbitral award and must pay fees as prescribed by the Center.
5. The arbitral award is final and takes effect from the date of issue.
Article 33. Correction and interpretation of award arbitration, arbitral award addition
1. Within 30 days after receiving the arbitral award, unless the parties have agreed otherwise on the time limit, one party may request the arbitral tribunal to correct spelling, printing and typing errors. machines and other errors of similar nature, error of data due to mistake or miscalculation in the arbitral award and must immediately notify the other party. If the arbitral tribunal sees this request as nine
Article 34. Referee fee
Arbitration fee includes:
1. Expenses for remuneration for arbitrators to resolve a dispute;
2. The administrative expenses of the Center are related to the settlement of disputes;
3. The cost of travel, accommodation and other relevant expenses of the Arbitrators settling a dispute prescribed in the Center's guiding document takes effect at the time of making the estimate. fees for other assistance as required by the arbitral tribunal;
4. Expenses for expert examination, property valuation, and expert consultation.
Article 35. Arbitration fee
1. When filing a lawsuit petition, the plaintiff must pay all the expenses specified in Clauses 1 and 2, Article 34 of this Rule according to the Center's Arbitration Fee Schedule in effect at the time of filing the lawsuit. unless the parties otherwise agree. In case the plaintiff fails to pay all these expenses within 15 days, it shall be considered as withdrawing the lawsuit petition but does not affect the right to re-file the lawsuit.
2. In case of a counter-claim, the defendant must pay all the expenses mentioned in Clauses 1 and 2, Article 34 of this Code according to the Center's arbitration fee effective at the time of filing the lawsuit. unless the parties otherwise agree. In case the defendant fails to pay all these expenses within the time limit set by the Center, it shall be considered as a retraction.
3. The expenses mentioned in Clause 3, Article 34 of this Code shall be advanced after the arbitration council is established. The Center consults with the arbitral tribunal to make an estimate, decide either party or the parties must advance these costs and notify the parties. Within 15 days of receiving the notice of the Center, either party or the parties are required to advance these expenses in full, unless otherwise agreed by the parties. If the costs mentioned in Clause 3, Article 34 of this Code are not advanced in full, the Center may request the arbitration council to suspend the settlement of the dispute. In this case, one party may advance on behalf of the other party at the request of the Center to continue the arbitration proceedings. If these expenses are not advanced in advance, the arbitral tribunal may suspend the settlement of the dispute.
4. The expenses mentioned in Clause 4, Article 34 of this Code shall be paid according to the provisions of Clause 3 and Clause 4, Article 19 of this Code.
5. The expenses mentioned in Clause 3, Article 34 of this Code shall be calculated and notified by the Center to the parties and the arbitral tribunal before the arbitral tribunal makes an arbitral award. If the advance is higher than actual costs, the Center will refund the remaining amount to the advance party. If the actual cost is higher than the advance amount, the parties must pay additional fees to the Center.
Article 36. Decision on arbitration fees and other expenses
1. The arbitral tribunal shall allocate arbitration fees, unless otherwise agreed by the parties.
2. The arbitral tribunal has the right to decide that one party must pay all or part of the other party's legal expenses or other reasonable expenses.
Article 37. Shortened procedure
1. Shortened procedures shall be applied if the parties have agreed on the application of simplified procedures.
2. When conducting the abridged procedure, the following rules apply:
a) The arbitration council is composed of the sole arbitrator, unless otherwise agreed by the parties;
b) The Center or arbitral tribunal may shorten any time period specified in this Code;
c) The arbitral tribunal shall base itself on the existing documents and evidence in the file to conduct a dispute settlement meeting without the presence of the parties, unless there is an objection of one party. The arbitral tribunal may hold a dispute resolution meeting in another appropriate form, unless there is a party’s opposition.
Article 38. General terms
1. The Center does not resolve disputes by itself. The settlement of disputes is conducted by the arbitral tribunal.
2. The settlement of disputes at the Center is conducted publicly, unless otherwise agreed by the parties. The arbitral tribunal reserves the right to take appropriate measures if it is found that a party violates this provision.
3. The parties may agree to shorten the terms relating to the Center or Arbitration Council provided in this Code provided that the consent of the Center or of the Arbitration Council.
4. In the event that a party finds a breach of the law on arbitration, of this Code or of an arbitration agreement without objection within the time limit specified in this Code, it loses the right to object to those violations. In cases where the time limit for an opposition is not specified, the objection must be made no later than before the arbitral tribunal announces that the dispute settlement meeting is the final meeting, except where the parties have other deal.
5. For matters not covered by this Code, the Center and Arbitration Council have the right to act in the spirit of this Code and endeavor to resolve the dispute fairly and effectively.
6. The President of the Center may authorize the Vice Presidents of the Center to make decisions within the competence of the President of the Center provided for in this Code.
7. The Secretary of the Center has the duty to perform the work in the arbitration proceedings in accordance with this Code and the Center's regulations.
Article 39. Entry into force
This arbitration rule consists of 39 articles adopted by the General Conference of Central Arbitrators on March 23, 2017 and takes effect from the date of signing the decision to issue.
The amendment and supplementation of this Rules of arbitration must be decided by the General Conference of Central Arbitrators in accordance with the majority rule. /.
