Jurisdiction of the Court in cancellation the award of The Arbitration
Ask: Mr. A: According to the agreement in the contract of Party A and Party B, all disputes arising from the contract are resolved from the Commercial Arbitration Center, which chosen by the affected party according to the arbitration procedure specified in the commercial arbitration Law 2010. However, when a dispute occurs, Party A sends a lawsuit to Commercial Arbitration Center. Party B is forced to comply with the contract and compensate for damages, particular to give Party A an amount of money.
Party B makes a request the HN City People’s Court to declare that the arbitrator’s decision is canceled because there is no agreement on compensation if any violation occurs in the contract. The Hanoi People’s Court has accepted the petition. However, the trial did not issue a decision to cancel the arbitral award.
I wonder whether that the HN City People’s Court has jurisdiction to accept the request to cancel the arbitral award of Party B or not? Will the referee’s judgment be canceled in this case?
For your question, the lawyer would like to answer as follows:
CSPL: Point g, Clause 2, Article 7; and Clause 3 Article 7 of the commercial arbitration Law 20102010
Comment: The Hanoi People’s Court has complete authority in declaring cancellation of a commercial arbitration center.
Regarding the grounds for canceling the arbitral award:
CSPL: Clause 2 Article 68 of the Law on Trade Center 2010
• There is no arbitration agreement or void arbitration agreement;
• The composition of the arbitral tribunal, the arbitral proceedings are not consistent with the agreement of the parties or they contrary to the provisions of the commercial arbitration Law 2010;
• The dispute is not belong to the jurisdiction of the arbitration council; in case the arbitral award contains a content which is beyond the jurisdiction of the arbitration council, content shall be canceled;
• The evidence provided by the parties on which the arbitration council bases its judgment is forged; The arbitrator receives money, property or other material interests of a disputing party, which affects the objectivity and fairness of the arbitral award;
• The arbitral award is contrary to the basic principles of Vietnamese law.
To be in short, we need you to provide additional relevant documents for the evaluation of your request.
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LUAT SU RIENG (LSR) LAW FIRM
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