Rules of arbitration BIAC

RULES OF ARBITRATION

OF THE BINH DUONG INTERNATIONAL

ARBITRATION CENTER (BIAC)

In force as from  January 1st, 2023

 

Chapter I

GENERAL REGULATIONS

Article 1. Scope of application

The Rules of Arbitration of the Binh Duong International Arbitration Center shall apply to settle disputes at the Binh Duong International Arbitration Center.

Article 2. Interpretation

In these Rules, the terms below shall be understood as follows:

  1. “The Rules” is the Rules of Arbitration of the Binh Duong International Arbitration Center.
  2. “Center” means the Binh Duong International Arbitration Center.
  3. “List of Arbitrators” means the list of Arbitrators at the Center
  4. “Arbitral Council” consists of three Arbitrators or a Sole Arbitrator.
  5. “Claimant” includes one Claimant or more Claimants;
  6. “Respondent” includes one Respondent or more Respondents.
  7. “Arbitral Decision” is the decision of the Arbitral Council to resolve the entire content of the dispute and terminate the arbitral proceedings.

Article 3. Competence to settle disputes of the Center

  1. Disputes between the parties arising from commercial activities;
  2. Disputes arise between parties in which at least one party conducts commercial activities;
  3. Other disputes between the parties as provided for by law shall be resolved by arbitration.

Article 4. Principles of dispute settlement at the Center

  1. Respect the agreement of the parties if it does not violate prohibitions of law, not contrary to social morality.
  2. The disputing parties are equal in their rights and obligations, equal before the Arbitral Council. The Arbitral Council is responsible for creating conditions for the parties to exercise their rights and obligations.
  3. Dispute settlement by arbitration is conducted non-public, unless the parties agree otherwise. The Arbitral Council has the right to take appropriate measures if it finds that a party is in violation of this provision.
  4. Arbitrators are independent, objective and impartial, abide by the provisions of law and respect social ethics and professional ethics.
  5. The Arbitral Decision is final.

Article 5. Applicable law

  1. For a dispute involving no foreign element, the Arbitral Council shall apply Vietnamese law.
  2. For a dispute involving foreign elements, the Arbitral Council shall apply the law as agreed upon by the parties. In case the parties do not have an agreement on applicable law, the Arbitral Council shall decide to apply the law which it considers the most appropriate.
  3. In case there is no provision by law, the parties do not have an agreement and there is no established custom between the parties, the Arbitral Council may apply appropriate trade usage to resolve dispute.

Article 6. Language of arbitration

  1. For a dispute without foreign elements, the arbitration language is Vietnamese.
  2. For a dispute involving foreign elements or a dispute, the arbitration language shall be agreed upon by the parties.In the event of no agreement by the parties, the Arbitral Council decides on the language or languages to be used in the arbitration.
  3. If a document is made in a language other than the language of arbitration, the Arbitral Council or the Center (if the Arbitral Council has not been established) may request either party or parties to provide a translation in accordance with the law on notarization.

Article 7. Place and manner of arbitration

The place and manner of arbitration shall be agreed upon by the parties. In the absence of agreement, the Arbitral Council shall decide the place and manner of arbitration which they consider appropriate.

Article 8. Notice and document; calculation of periods of time

  1. Any notice or document submitted by one party to the Center must have a sufficient number of copies for the Center to deliver to each member of the Arbitral Council, one copy for the other party, and one copy for the archive.
  2. Notice, documents shall be delivered by the Center to the parties at the correct address provided by the parties (in case the parties have many different addresses, it will be delivered to the final address) and may be sent by direct delivery, registered mail, email, fax or by any other method documenting such sending.
  3. Notice, documents delivered by the Center to the parties are considered to have been received on the date the parties have received them, or are considered to have been received on the date of delivery if such notice, such documents have been sent in accordance with paragraph 2 of this Article.
  4. The periods of time specified in the Rules commence from the day following the date on which the notice or document is considered to have been received under the provisions of paragraph 3 of this Article.

If the next day is not the working day as specified at the receiving place, the period of time will start from the first working day following.

If the last day of the period of time is not the working day specified at the receiving place, the period of time will end at the end of the first next working day.

Days that are not working within the period of time count toward the period of time.

Article 9. General provisions

  1. The Center does not settle disputes by itself. Dispute settlement is conducted by the Arbitral Council.
  2. The Center Chairman may authorize the Center Vice Chairmans to make decisions within the competence of the Center Chairman pursuant to the Rules.
  3. The Center may authorize its branches to carry out the Center’s activities as specified in the Rules.
  4. The Center Secretary is responsible for performing work in the proceedings in accordance with the Rules and in accordance with the Center’s regulations.
  5. The parties may agree to amend the periods of time relating to the Center or the Arbitral Council in accordance with the Rules provided that such an agreement is approved by the Centre or the Arbitral Council.
  6. In case a party discovers that there is a breach of the law on arbitration, of the Rules or of the arbitration agreement but continues to participate in the arbitration without objecting within the prescribed time limit of the Rules shall be considered to lose the right to object to such violations.

In cases the period of time for an objection is not specified, the objection must be made no later than the time the Arbitral Council declares the dispute settlement session to be the final session, unless otherwise agreed by the parties.

  1. In all matters not specified in the Rules, the Center and the Arbitral Council shall proceed in the spirit of the Rules and endeavor to resolve the dispute in a fair and effective manner.

Chapter II

LAWSUIT PROCEEDINGS

Article 10. Request for Arbitration

1. The Request for Arbitration must contain the following details:

a. Date, month and year of making the Request for Arbitration;

b. Names and addresses of the parties; names and addresses of witnesses (if any);

c. Summary of the content of the dispute;

d. Grounds for the claims; evidence (if any);

e. The value of the dispute and the Claimant’s other claims;

f. The name of the person chosen by the Claimant to act as Arbitrator or to request the Center to appoint an Arbitrator in accordance with paragraph 1 and 3 of Article 19 or Article 20 of the Rules;

g. Signature of the legal representative or of the authorized representative in case the Claimant is an organization; signature of individual or authorized representative in case the Claimant is individual.

2. Claims arising out of or relating to more than one contract may be included in a single Request for Arbitration to be settled in a dispute, whether they are made on the basis of one or more than one arbitration agreement.

3. Attached to the Request for Arbitration must have the arbitration agreement and other relevant documents.

4. The Request for Arbitration, the arbitration agreement and other relevant documents must be submitted in full in accordance with paragraph 1 of Article 8 of the Rules.

Article 11. Commencement of arbitral proceedings

The arbitration proceedings commence on the date the Center receives the Request for Arbitration of the Claimant pursuant to paragraph 1 of Article 10 of the Rules, unless the parties otherwise agree.

Article 12. Delivery of Notice and Request for Arbitration

Unless the parties otherwise agree on the period of time, within 10 days from the date the Center receives the Request for Arbitration, the arbitration agreement, other relevant documents and the arbitration fee specified in Article 38 of the Rules, the Center shall deliver the Respondent a Notice, the Request for Arbitration, the arbitration agreements and other relevant documents.

Article 13. Statement of Defense

1. Unless the parties otherwise agree on the period of time, within 30 days from the date of receipt of the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, the Respondent must submit to the Center a Statement of Defense.

The Statement of Defense must contain the following details:

a. Date, month, year of making the Statement of Defense;

b. Name and address of the Respondent;

c. Grounds of defense;

d. The name of the person chosen by the Respondent to act as Arbitrator or to request the Center to appoint an Arbitrator in accordance with paragraphs 2 and 3 of Article 19 or Article 20 of the Rules;

e. Signature of the legal representative or of the authorized representative in case the Respondent is an organization; signature of individual or authorized representative in case the Respondent is an individual.

In case the Respondent considers that the arbitration agreement does not exist, the arbitration agreement is invalid or the arbitration agreement is incapable of being performed, the Respondent must clearly state that in the Statement of Defense. If the Respondent does not state that in the Statement of Defense, the Respondent shall be considered to lose the right to object. In this case, the Respondent must still choose an Arbitrator or request the Center to appoint an Arbitrator pursuant to paragraphs 2 and 3 of Article 19 or Article 20 of the Rules.

2. At the request of the Respondent, the Center may extend the period of time for submision of the Statement of Defense. The request for an extension must be made in writing and submitted to the Center to receive it before the deadline for submitting the Statement of Defense or before the deadline for the Statement of Defense extension expires. In this case, the Respondent must still choose an Arbitrator or request the Center to appoint an Arbitrator pursuant to paragraph 1 of this Article.

3. The Statements of Defense and related documents must be submitted in full copies according to the provisions of paragraph 1 of Article 8 of the Rules.

4. In case the Respondent fails to submit the Statement of Defense, the arbitration proceedings shall still proceed.

Article 14. Counterclaim

1. The Respondent has the right to file a Counterclaim against the Claimant.

The Counterclaim must be based on the arbitration agreement on which the Claimant sued the Respondent. The Counterclaim must be in separate document, independent of the Statement of Defense and submitted to the Center within the time limit for submitting the Statement of Defense.

2. The Counterclaim must contain the following details:

a. Date, month, year of making the Counterclaim;

b. Names and addresses of the parties; names and addresses of witnesses (if any);

c. Summary of the content of the Counterclaim;

d. Grounds of the Counterclaim;

e. The value of the Counterclaim and the Respondent’s other claims;

f. Signature of the legal representative or of the authorized representative in case the Respondent is an organization; signature of individual or authorized representative in case the Respondent is an individual.

3. The Counterclaim and related documents must be submitted in full in accordance with paragraph 1 of Article 8 of the Rules.

4. Unless the parties otherwise agree on the period of time, within 10 days of receipt of the Counterclaim, the relevant documents and arbitration fees are provided for in Article 38 of the Rules, the Center shall deliver to Claimant a Notice, the Counterclaim and related documents;

5. Unless the parties otherwise agree on the period of time, within 30 days from the date of receipt of the Notice, the Counterclaim and related documents, the Claimant shall submit to the Center a Statement of Dense against the Counterclaim in a suffient number of copies pursuant to paragraph 1 of Article 8 of the Rules;

6. The Counterclaim shall be settled at the same time by the Arbitral Council itself to settle the Request for Arbitration of the Claimant.

Article 15. Withdrawal of the Request for Arbitration and/or the Counterclaim; amendment and/or supplement to the Request for Arbitration, the Counterclaim, the Statement of Defense and/or  the Statement of Defense against the Counterclaim

  1. Before the Arbitral Council makes the Arbitral Decision, the parties have the right to withdraw the Request for Arbitration and/or the Counterclaim.
  2. The parties may amend and/or supplement the Request for Arbitration, the Counterclaim, the State of Defense and the Statement of Defense against the Counterclaim before the end of the final session to resolve the dispute. This amendment and/or supplement must be made in writing with the number of copies pursuant to paragraph 1 of Article 8 of the Rules.

The Arbitral Council has the right not to accept these amendments and/or supplements if it considers that such modifications are abused in order to make it difficult or delay the issuance of the Arbitral Decision or exceed the scope of the arbitration agreement applicable for a dispute.

Article 16. Participation in arbitral proceedings

  1. The parties may directly participate in or authorize in writing their representatives to participate in the arbitral proceedings.
  2. The Arbitral Council or the Center (if it has not been established) has the right to request the parties to provide evidence on the legal status of the representatives participating in the arbitral proceedings.

Article 17. Consolidation of arbitrations

  1. The parties may agree to consolidate two or more arbitrations pending under the Rules into a single arbitration.
  2. Unless the parties otherwise agree, the arbitrations shall be consolidated into the arbitration that commenced first.

Chapter III

ARBITRAL COUNCIL

 

Article 18. Number of Arbitrators

  1. The dispute shall be settled by an Arbitral Council consisting of three Arbitrators or a Sole Arbitrator.
  2. In case the parties do not have an agreement on the dispute to be settled by a Sole Arbitrator, the dispute shall be settled by a Council of Arbitrators consisting of three Arbitrators.

Article 19. Constitution of an Arbitral Council consisting of three Arbitrators

  1. Unless the parties agree otherwise, the Claimant must choose or request the Center to appoint an Arbitrator.

In case there are many Claimants, the Claimants must agree to choose one Arbitrator or agree to request the Center to appoint an Arbitrator and must notify the Center.

In case the name of the person selected as Arbitrator is not in the List of Arbitrators, the Claimant must notify the Center of the contact address of this Arbitrator.

In case the Claimant requests the Center to appoint an Arbitrator, within 07 days from the date of receipt of the request, the Center Chairman shall issue a decision to appoint an Arbitrator for the Claimant.

  1. Unless the parties otherwise agree, the Respondent must choose an Arbitrator or request the Center to appoint an Arbitrator and must notify the Center within 30 days of receiving the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents.

In case there are many Respondents, the Respondents must agree to choose one Arbitrator or request the Center to appoint an Arbitrator and must notify the Center.

In case the name of the person selected as Arbitrator is not in the List of Arbitrators, the Respondent must notify the Center of the contact address of this Arbitrator.

In case the Respondent requests the Center to appoint an Arbitrator, within 07 days from the date of receipt of the request, the Center Chairman shall issue a decision to appoint an Arbitrator for the Respondent.

In case the Respondent does not choose an Arbitrator or does not request the Center to appoint an Arbitrator within the aforesaid 30 days, within 7 days from the expiration of the period of time, the Center Chairman shall issue a decision to appoint an Arbitrator for the Respondent.

In the case of many Respondents, if the Respondents do not agree to choose an Arbitrator or do not agree to request the Center to appoint an Arbitrator within the aforesaid 30 days, within 7 days from the date expired, the Center Chairman shall issue a decision to appoint an Arbitrator for the Respondents.

  1. If the parties choose an Arbitrator in the List of Arbitrators of the Center, that Arbitrator must not be the Center Chairman or the Standing Vice Chairman of the Center.
  2. Unless the parties otherwise agree, within 15 days of the date the Arbitrator that selected by the Respondent or appointed by the Center Chairman receives the notice of the selection or appointment, the Arbitrators must elect the third Arbitrator to act as the Chairman of the Arbitral Council and notify the Center. The third Arbitrator shall not be bound by the provisions of paragraph 3 of this Article. Past this time limit, if the Center does not receive the notice of the election of the Chairman of the Arbitral Council, within 7 days after the expiration date, the Center Chairman shall issue a decision to appoint the Chairman of the Arbitral Council.
  3. In making a decision in accordance with paragraphs 1, 2 and 4 of this Article, the Center Chairman considers the necessary qualifications of the Arbitrator as agreed by the parties and according to the Rules for effective dispute resolution.

Điều 20. Constitution of an Arbitral Council consisting of a Sole Arbitrator

Unless the parties otherwise agree, within 30 days from the date the Respondent receives the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, the parties must agree to choose a Sole Arbitrator or require the Center to appoint a Sole Arbitrator and must notify the Center. This Arbitrator is not bound by the provisions of paragraph 3 of Article 19 of the Rules.

In case the name of the person selected as Arbitrator is not in the List of Arbitrators, the parties must notify the Center of the contact of this Arbitrator.

In case the Center does not receive this notice, within 07 days from the date of expiration of the above 30-day time limit, the Center Chairman shall issue a decision to appoint the Sole Arbitrator. The Center Chairman considers the necessary qualifications of the Arbitrator as agreed by the parties and according to the Rules for effective dispute resolution.

Article 21. General Provisions for Arbitrators

  1. Upon receipt of a notice of being selected or appointed as Arbitrator and during the arbitration proceedings, the person selected or appointed as Arbitrator must promptly notify the Center of any incident that may cause doubts about its impartiality, independence and objectivity to the Center to notify the parties.
  2. The person selected or appointed as Arbitrator must not fall into the circumstances pursuant to paragraph 1 of Article 22 of the Rules.
  3. In the arbitration proceedings, the Arbitrator must not be allowed to meet or communicate privately with any party; neither party must be allowed to meet or contact the Arbitrator privately to discuss matters related to the dispute.
  4. In case the parties agree on a specific criterion for an Arbitrator, the selected or appointed Arbitrator shall be deemed to have met that criterion, unless there is a request to change the Arbitrator on the grounds that such Arbitrator is not qualified as agreed by the parties.

The replacement of Arbitrator in this case shall be made in accordance with the provisions of Article 22 of the Rules.

Article 22. Replacement of Arbitrator

1. The Arbitrator must refuse the settlement of the dispute, the parties have the right to request to replace the Arbitrator if the Arbitrator falls into one of the following cases:

a. Is a relative or representative of a party;

b. Have related interests in the dispute;

c. Has been the mediator, representative, or lawyer of any party in the dispute that this dispute is brought to the Center to resolve, unless the parties have the written consent;

d. There are clear grounds that the Arbitrator is not impartial, independent or impartial in resolving the dispute;

e. Failure to meet standards under applicable arbitration laws;

f. Does not meet specific standards that the parties have agreed to.

2. The Arbitrator’s Refusal to settle the dispute, and the parties’ Requests to replace Arbitrators must be submitted to the Center.

If the Arbitral Council has not been established, the replacement of Arbitrators shall be decided by the Center Chairman.

If the Arbitral Council has been established and one Arbitrator refuses or is requested to replace, the replacement of such Arbitrator shall be decided by the remaining members of the Arbitral Council; if the remaining members of the Arbitral Council cannot decide, the Center Chairman shall decide. In other cases, the replacement of Arbitrators shall be decided by the Center Chairman.

In case the Arbitral Council consists of a Sole Arbitrator, the replacement of the Sole Arbitrator shall be decided by the Center Chairman.

Decision of the remaining members of the Arbitral Council or of the Center Chairman on the replacement of Arbitrators may not state the ground for the decision. This decision is final.

3. In case the remaining members of the Arbitral Council or the Center Chairman decide to replace the Arbitrator, the substitute Arbitrator may be selected or appointed in accordance with the provisions of Article 19 or Article 20 of the Rules.

The Arbitrator who has been replaced shall not be reselected by the parties or reappointed by the Centre Chairman.

In case the remaining members of the Arbitral Council or the Center Chairman decide not to replace  the Arbitrator, this Arbitrator must continue to settle the dispute.

4. The Center or the Arbitral Council may fix the expenses incurred by the replacement of Arbitrators and may decide the party to bear these expenses.

5. In case an Arbitrator dies or is due to a force majeure or objective obstacle but cannot continue to participate in the settlement of the dispute, the selection or appointment of a substitute Arbitrator shall be subject to Article 19 or Article 20 of the Rules.

6. After consulting the parties, the newly established Arbitral Council may reconsider the issues already presented in the session conducted by the former Arbitral Council.

Article 23. Authority of the Arbitral Council

  1. The Arbitral Council has the authority to decide on its own jurisdiction, whether there are objections to the existence or effect of an arbitration agreement.
  2. An arbitration clause that is a part of a contract shall be considered an independent agreement from other terms of the contract. Decision of the Arbitral Council that the contract is invalid shall not void the arbitration agreement.
  3. Before considering the content of the dispute, the Arbitral Council must consider the existence of the arbitration agreement, the validity of the arbitration agreement, whether the arbitration agreement is enforceable or not and and its jurisdiction regardless of whether or not there is any objection raised by any party.

In case the Arbitral Council finds that the arbitration agreement exists, the arbitration agreement is valid and the arbitration agreement is capable of being performed, the Arbitral Council shall continue to resolve the dispute.

In case the Arbitral Council finds that the arbitration agreement does not exist or the arbitration agreement is invalid or the arbitration agreement is incapable of being performed, the Arbitral Council shall issue a decision to stay the settlement of the dispute.

  1. The Arbitral Council shall make separate decisions on the Arbitral Council’s jurisdiction or decide on matters of competence of the Arbitral Council in the Arbitral Decision in case the parties agree.
  2. In the course of settling a dispute, if detecting that the Arbitral Council is beyond its authority, the parties may raise a complaint with the Arbitral Council. The Arbitral Council must consider and decide.

Article 24. Power of the Arbitral Council to verify facts

The Arbitral Council may, on its own or at the request of one or the parties, find out the issues from a third party in the presence of the parties or after having notified the parties.

Article 25. Power of the Arbitral Council to collect evidence

  1. The Arbitral Council has the right to request the parties to provide evidence.
  2. The Arbitral Council has the right to request witnesses to provide information and documents related to the dispute at the request of either party or parties.
  3. The Arbitral Council, on its own or at the request of either party or parties, has the right to seek expert examination and valuation of assets in the dispute.

Expenses for expert examination and asset valuation shall be paid by the requester or distributed by the Arbitral Council.

In case the expense of expert examination and asset valuation is not paid in full, the Arbitral Council shall settle the dispute on the basis of existing documents.

  1. The Arbitral Council, on its own or at the request of one party or the parties, has the right to consult experts. The Arbitral Council has the right to require the parties to provide the expert with relevant information, or to allow the expert access to relevant documents, goods or assets.

The Arbitral Council must require the expert to submit a written report.

After receiving the report, the Arbitral Council shall send a copy of that report to the parties. The parties have the right to give their opinions in writing.

Expense for expert consultation shall be borne by the requesting party or allocated by the Arbitral Council.

In case the expert expenses are not paid in full, the Arbitral Council shall settle the dispute on the basis of existing documents.

  1. In case the Arbitral Council, either party or the parties have applied necessary measures to collect evidence but cannot collect evidence on their own, they may submit a written request to the competent Court to require support in accordance with the law.

Article 26. Power of the Arbitral Council to summon witnesses

  1. At the request of one party or the parties and considering it necessary, the Arbitral Council has the right to summon witnesses to attend the dispute settlement session.

Witness expenses shall be borne by the requesting party or allocated by the Arbitral Council.

  1. If the witness, which has been duly summoned, is absent, the Arbitral Council shall decide to postpone the session or continue the session on the basis of the documents readily available.
  2. In case the absence of the witnesses makes it difficult for the settlement of the dispute, the Arbitral Council may submit a written request to the competent Court to issue a decision to summon a witness to attend the dispute resolution session.

The written request must clearly state the content of the dispute being resolved; full names and addresses of witnesses; reasons for summoning witnesses; the time and place where witnesses need to be present.

Article 27. Power of the Arbitral Council to order interim measures

1. At the request of a party, the Arbitral Council may apply one or more interim measures to the disputing parties.

Interim measures include:

a. Prohibition of any change in the current state of disputed assets;

b. Prohibition of any specific action by any party in dispute or order that any party in dispute take specific actions aimed at preventing conduct adverse to the arbitral proceedings;

c. Seizure of the disputed assets;

d. Order of preservation, storage, sale or disposal of any of the assets of a party or the parties in dispute;

e. Order of provisional payment of money between the parties;

f. Prohibition of transfer of asset rights with respect to the assets in dispute.

2. The procedures for application, replacement, supplement or cancellation of interim measures shall be in accordance with the relevant provisions of the law.

3. In the course of arbitral proceedings, if one of the parties has requested the Court to apply one or more interim measures specified in paragraph 1 of this Article, and then request the Arbitral Council to apply interim measures, the Arbitral Council shall refuse.

The party requesting the Court to apply interim measures must immediately notify the Center of this request.

4. Requesting the Court to apply interim measures shall not be considered a waiver of the arbitration agreement or a waiver of the right to settle the dispute by arbitration.

Chapter IV

DISPUTE RESOLUTION SESSION

Article 28. Session

  1. The time and place for the sessions to be held shall be decided by the Arbitral Council, unless otherwise agreed by the parties.
  2. The summons to attend the session shall be sent by the Center to the parties at least 15 days before the date of opening, unless otherwise agreed by the parties.

In case the session is postponed or the Arbitral Council decides to open the next session, the period of time for sending the summons shall be decided by the Arbitral Council, unless otherwise agreed by the parties.

  1. The dispute resolution session is not open to the public, unless the parties agree otherwise.

The parties have the right to invite witnesses, persons who protect their legal rights and interests to attend the session but must notify the Arbitral Council before the date of opening the session.

The Arbitral Council, on its own or at the request of a party, has the right to invite the organization or individual conducting the inspection or the valuation of assets and the experts as prescribed in Article 25 of the Rules to attend the session.

In the case of the consent of the parties, the Arbitral Council may allow other persons to attend the session.

  1. At the session, if it is found that the parties no longer have any relevant documents or evidence to provide, the Arbitral Council shall declare this session to be the final session.

After the final session, the Arbitral Council is under no obligation to consider any additional documents or evidence, unless the parties otherwise agree.

Article 29. Postponement of session

  1. In the case of plausible reason, either party or the parties may request the Arbitral Council to postpone the session.

The request to postpone the session must be in writing, clearly stating the reason, enclosed with evidence and submitted to the Center.

In case the Center does not receive the request for postponement before the date of opening the session at least 07 working days, the party requesting the postponement must bear all arising expenses, if any.

The Arbitral Council shall decide to accept or not to accept the request for postponement, delay period and to notify the parties.

  1. In the case of an objective obstacle, the Arbitral Council may postpone the session and notify the parties.

Article 30. Absence of parties

  1. The Claimant that has been duly summoned to attend the session but is absent without a plausible reason or leaves the session without approval of the Arbitral Council shall be considered to have withdrawn the Request for Arbitration. In this case, the Arbitral Council will continue to resolve the dispute only when the Respondent requests or has the Counterclaim.
  2. If the Respondent has been duly summoned to attend the session but is absent without a plausible reason or leaves the session without approval of the Arbitral Council, the Arbitral Council shall proceed with the dispute resolution on the basis of the documents and evidence readily available.
  3. In the case of the Counterclaim, if the Respondent has been duly summoned to attend the session but is absent without a plausible reason or leaves the session without the Arbitration Council’s approval shall be comsidered to have withdrawn the Counterclaim. In this case, the Arbitral Council shall only proceed with the resolution of the Counterclaim if the Claimant so requests.
  4. At the request of the parties, the Arbitral Council may rely on the documents and evidence readily available to proceed with the session without the presence of the parties.
  5. The Arbitral Council may hold the session to resolve the dispute upon request of either party or parties to be absent.

Article 31. Mediation

At the request of the parties, the Arbitral Council shall conduct mediation so that the parties can reach agreement on the settlement of disputes.

A minutes of successful mediation must be made in the case of successful mediation. Minutes of successful mediation must be signed by the parties and signed by the Arbitrators or the Sole Arbitrator. In this case, the Arbitral Council issues a Decision recognizing successful mediation.

The Decision of the Arbitral Council to recognize successful mediation has the same effect as the Arbitral Decision.

Article 32. Stay of dispute resolution

1. The resolution of the dispute shall be stayed in the following cases:

a. The Claimant or Respondent is an individual who has died and their rights and obligations are not inherited; the Claimant or the Respondent is an organization that has terminated its operations, is bankrupt, dissolved, consolidated, merged, divided, split or transformed, without any organization assuming the rights and obligations of that organization;

b. The Claimant withdraws the Request for Arbitration, unless the Respondent has the Counterclaim;

c. The Claimant is considered to have withdrawn the Request for Arbitration under paragraph 1 of Article 30 of the Rules, except where the Respondent requests to proceed with the dispute resolution;

d. The parties agree to terminate the dispute settlement;

e. When there is a Decision of the Arbitral Council pursuant to paragraph 3 of Article 23 of the Rules;

f. When there is a Court’s decision pursuant to the law.

2. The Arbitral Council issues a Decision to stay the settlement of the dispute. In case the Arbitral Council has not been established, the Center Chairman shall issue a Decision to stay the settlement of the dispute.

Chapter V

ARBITRAL DECISION

Article 33. Principles for making Arbitral Decisions and orther Decisions by an Arbitral Council

In the case of the Arbitral Council consisting of three Arbitrators, an Arbitral Decision and other Decisions of the Arbitral Council shall be decided according to the majority rule.

If a majority is not reached, an Arbitral Decision and orther Decisions are decided by either the Chairman of the Arbitral Council or the Center Chairman or the Standing Vice Chairman of the Center.

Article 34. Arbitral Decision

1. The Arbitral Decision must be in writing and contain the following principal details:

a. Date, month, year and place of the issue of the Arbitral Decision;

b. Name and address of Claimant and Respondent;

c. Names of the Arbitrators or name of the Sole Arbitrator;

d. Summary of the Request for Arbitration and the dispute issues; summary of the Counterclaim and the dispute issues (if any);

e. The grounds for making the Arbitral Decision, unless the parties agree there is no need to state the basis in the Arbitral Decision;

f. Determination of dispute resolution;

g. The period of time for enforcement of the Arbitral Decision

h. Allocation of arbitration fees and other related expenses;

i. Signature of the Arbitrators or signature of the Sole Arbitrator.

2. When there is an Arbitrator who does not sign the Arbitral Decision, the Chairman of the Arbitral Council or the Center Chairman or the Standing Vice Chairman of the Center must record this in the Arbitral Decision and clearly state the reason. In this case, the Arbitral Decision shall still be valid.

3. The Arbitral Decision must be made within 30 days from the end of the last session to resolve the dispute.

4. The Arbitral Decision must be sent to the Center by the Arbitral Council right after the date on which it is made.

The Center shall immediately send to the parties the original or certified copy of the Arbitral Decision.

The parties have the right to request the Center to issue more copies of the Arbitral Decision and must pay fees according to the Center’s regulations.

5. The Arbitral Decision is final, effective from the date of its issue and binding on the parties.

Article 35. Correction and interpretation of the Arbitral Decision; making an additional Arbitral Decision

  1. Within 30 days from the date of receipt of the Arbitral Decision, unless the parties agree otherwise on the period of time, either party or the parties may request the Arbitral Council to correct any spelling, printing errors, typos and other errors of similar nature; data error due to mistake or miscalculation in the Arbitral Decision and must immediately notify the other party.

If the Arbitral Council considers this request legitimate, has evidence of this request and has been notified to the other party, it shall issue a correction decision within 30 days from the date of receipt of the request.

  1. Within 30 days from the date of issuing the Arbitral Decision, the Arbitral Council can actively correct the above errors and issue a Decision on correction.
  2. Within 30 days from the date of receipt of the Arbitral Decision, unless the parties otherwise agree on the period of time, either party or the parties has the right to request the Arbitral Council to explain the Arbitral Decision and must notify the other party immediately.

If the Arbitral Council considers this request legitimate, has evidence of this request and has been notified to the other party, it shall issue a Decision on explanation within 30 days from the date of receipt of the request.

  1. Within 30 days from the date of receipt of the Arbitral Decision, unless the parties otherwise agree on the period of time, either party or the parties has the right to request the Arbitral Council to make an additional Arbitral Decision with respect to the issues presented during the arbitral proceedings but not yet recorded in the Arbitral Decision, and shall immediately notify the request to the other party.

If the Arbitral Council considers this request legitimate, has evidence of this request and has been notified to the other party, it shall issue an additional Arbitral Decision within 30 days from the date of receipt of the request. .

  1. In the case of necessity, the Arbitral Council may extend for no more than 30 days the correction or interpretation of the Arbitral Decision or make the additional Arbitral Decision under paragraph 1, 3 and 4 of this Article.
  2. The Decision on correction, the Decision on interpretation or the additional Arbitral Decision shall constitute part of the Arbitral Decision.
  3. The correction and interpretation of the Arbitral Decision and the making of additional Arbitral Decision shall be subject to Article 33 and paragraph 2 of Article 34 of the Rules.

Article 36. Execution of the Arbitral Decision

1. The Arbitral Decision is voluntarily enforced by the parties.

2. Upon the expiration of the period of time for enforcement of the Arbitral Decision, but the obligee fails to voluntarily execute it and does not request cancellation of the Arbitral Decision in accordance with law, the enforced party has the right to make a request to the Civil Judgment Enforcement Agency has jurisdiction to execute the Arbitral Decision in accordance with the law on enforcement of civil judgments.

Chapter VI

ARBITRATION FEE

Article 37. Arbitration fee

Arbitration fees include:

  1. Expenses to pay remuneration to the Arbitrators to settle the disputes;
  2. The Center’s administrative expenses related to the dispute resolution;
  3. Expenses for expert examination, asset valuation, consulting experts, hiring interpreters, summoning witnesse …
  4. Travel, accommodation and other expenses of the Arbitrator to settle the dispute according to the provisions of the Center at the time of making the cost estimate.

Article 38. Payment of arbitration fees

  1. When filing the Request for Arbitration, unless the parties otherwise agree, the Claimant shall pay all the expenses specified in paragraph 1 and 2 of Article 37 of the Rules according to the Center’s Arbitration Fee Schedulein force at the time of submission of the Request for Arbitration.

In case the Claimant fails to fully pay these expenses within the time set by the Center, it shall be deemed to withdraw the Request for Arbitration but does not affect the right to re-submit the Request for Arbitration.

  1. In the case of the Counterclaim, unless the parties otherwise agree, the Respondent shall fully pay the expenses specified to in paragraphs 1 and 2 of Article 37 of the Rules in accordance with the effective Center’s Arbitration Fee Schedule in force at the time of submission of the Counterclaim.

In case the Respondent fails to pay all these expenses within the time set by the Center, it shall be considered to withdraw the Counterclaim.

  1. The expenses mentioned in paragraph 3 of Article 37 of the Rules are paid in accordance with paragraph 3 and 4 of Article 25 of the Rules.
  2. The expenses referred to in paragraph 4 of Article 37 of the Rules shall be advanced upon the establishment of the Arbitral Council.

The Center consults with the Arbitral Council to establish an estimate, decide either party or parties must advance these expenses and notify the parties.

Within 15 days from the date of receiving the notice from the Center, the party or parties are required to advance all these expenses, unless otherwise agreed by the parties.

If these expenses are not sufficiently advanced, the Center can request the Arbitral Council to temporarily 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 for the arbitration proceedings to continue. If these expenses are not advanced enough, the Arbitral Council may temporarily suspend the settlement of the dispute.

  1. The expenses referred to in paragraph 4 of Article 37 of the Rules shall be calculated by the Center and notified to the parties and to the Arbitral Council prior to the Arbitral Council making the Arbitral Decision.

If the advance amount is higher than the actual expense, the Centre shall refund the excess amount.

If the actual expenses is higher than the advance amount, the parties must pay additional amount to the Center.

Article 39. Decision on arbitration fees

Unless the parties otherwise agree, the Arbitral Council shall allocate arbitration fees, deciding one party must pay all or part of the arbitration fees in the fair and effective settlement of the dispute.

Chapter VII

EXPEDITED PROCEDURE

Article 40: Expedited Procedure

1. The Expedited Procedure shall be applied if the parties agree to apply the Expedited Procedure.

2. When conducting the Expedited Procedure, the following procedures shall be applied:

a. The Arbitral Council shall consist of a Sole Arbitrator, unless otherwise agreed by the parties;

b. The Center or the Arbitral Council may shorten any time period specified in the Rules.

c. The Arbitral Council shall base on the documents and evidence readily available to proceed with the session without the presence of the parties, unless there is an objection from one party./.