Commercial Arbitration

Commercial arbitration has become the preferred dispute resolution forum for both Vietnamese and international businesses. Attorney Vo Thien Hien has extensive experience representing clients before the Vietnam International Arbitration Centre (VIAC), as well as leading international institutions such as the ICC (International Chamber of Commerce, Paris), SIAC (Singapore International Arbitration Centre), and HKIAC (Hong Kong International Arbitration Centre).

Arbitration practice in Vietnam is governed by the 2010 Law on Commercial Arbitration (Law No. 54/2010/QH12), the VIAC Arbitration Rules, and the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards — to which Vietnam has been a party since 1995. Mastery of both domestic arbitration law and international institutional rules is a prerequisite for effective advocacy.

Commercial arbitration services include: advising on arbitration clauses during contract drafting; filing requests for arbitration and statements of defense; nominating and challenging arbitrators; preparing evidentiary submissions and legal memorials; advocacy at arbitral hearings; pursuing recognition and enforcement of awards both in Vietnam and abroad; and filing set-aside applications when legal grounds exist.

In practice, the typical matters handled include: international sale of goods contracts; distribution and agency agreements; construction and FIDIC contracts; joint venture and business cooperation agreements; M&A disputes; and foreign-investment-related disputes. Dispute values typically range from several billion VND to hundreds of millions of USD.

Arbitration's advantages over court litigation include: strong confidentiality (no public record); faster resolution (typically 6-12 months); finality of awards with no appeal on the merits; international enforceability in 172 countries under the New York Convention 1958; and the parties' ability to select arbitrators with specific subject-matter expertise.

The arbitration method includes: thorough analysis of the arbitration agreement and jurisdictional questions; evidentiary strategy calibrated to the chosen arbitral rules; legal argumentation that fuses substantive law with commercial realities; expert witness preparation where appropriate; and enforcement pursuit in all relevant jurisdictions.

A typical VIAC arbitration runs 6 to 12 months from filing, while ICC or SIAC matters can span 12 to 24 months due to higher complexity and multi-jurisdictional counsel teams. Bilingual Vietnamese-English capability allows clients to avoid engaging separate international counsel in many situations, producing meaningful cost savings.