Domestic commercial arbitration award
The arbitration award is the final decision of the Arbitration Council that resolves the entire content of the commercial dispute and terminates the arbitration proceedings in resolving the dispute.
The arbitration award is final and cannot be appealed or protested against according to any procedure. The arbitration award will be enforced if the award is legal (when there is no request to cancel the arbitration award, or the jury has rejected the request to cancel the arbitration award).
Although it is a commercial dispute resolution organization, a non-governmental organization, it is supported and legally guaranteed by the court in many aspects: Determining the legal value of the arbitration agreement; Resolve complaints about the jurisdiction of the Arbitration Council; consider the request to annul the arbitration award; recognition and enforcement of arbitral awards.
In addition, the results of resolving commercial disputes through arbitration are guaranteed by enforcement from competent state agencies. Article 66 of the 2010 LTTTM stipulates the right to request enforcement of arbitral awards:
1. At the end of the time limit for enforcement of an arbitration award, if the party against whom the award must be executed does not voluntarily execute it and does not request cancellation of the arbitration award according to the provisions of Article 69 of this Law, the party against whom the award must be enforced shall be executed. The arbitrator has the right to make a request to the competent civil judgment enforcement agency to enforce the arbitration award.
2. Regarding the award of the ad hoc Arbitrator, the party to be executed has the right to make a request to the competent Civil Judgment Enforcement Agency to enforce the arbitration award after the award is registered according to the provisions of Article 62 of this Law. This law”.
With support from the judiciary, the Arbitration Award is enforced, creating conditions for the dispute to be resolved completely, avoiding the situation where one party prolongs the judgment enforcement period. This is a measure to ensure that the arbitration award will be enforced by the enforcement agency in case the party against whom it is to be executed does not voluntarily do so.
If the arbitration award is not annulled by the court at the request of one of the parties, but the party that must execute it does not voluntarily execute it after 30 days from the date of expiration of the time limit for enforcement of the arbitration award, the party The arbitral award has the right to make a request to the competent civil enforcement agency to enforce the arbitral award.
In the case where the party that must execute the Arbitral Award did not voluntarily execute the Award within the prescribed time limit, the party to be executed also did not make a request to the civil judgment enforcement agency with authority to enforce the award. arbitral award, the law on arbitration does not set out sanctions in this case. Furthermore, Commercial Arbitration is a decision-making entity but is a non-governmental organization so it does not have the right to coerce the state. But only depending on specific cases and conditions, the Arbitration Award is guaranteed to be enforced by the Civil Enforcement agency.