Working hour: Monday – Friday/8AM – 5PM
|Email: contact@mcac.vn
|Hotline: (+84) 935 925 068 - 0236 3656799
| Language:Điện thoại: (+84) 935 925 068
The Middle Commercial Arbitration Center (MCAC) was established under Decision No. .../BTP-GP dated... of the Minister of Justice and Decision No. .../QD-BTP date... of the Minister of Justice on the grant of license for establishment of Commercial Arbitration Center in Vietnam. The Department of Justice of Da Nang City issued the Certificate of Operation Registration No. .../TP-DKHD-TT dated... to MCAC.
115 Nguyen Van Linh, Hai Chau District, Da Nang City
contact@mcac.vn
(+84) 935 925 068
Monday – Friday/8AM – 5PM
7th floor, Muong Thanh building, 115 Nguyen Van Linh, Da Nang city
When initiating arbitration proceedings, properly preparing the Statement of Claim together with the accompanying documents and evidence is an important first step. The Statement of Claim sets out the Claimant’s requests; however, in order for the arbitration center to process the case and for the Arbitral Tribunal to have sufficient grounds to resolve the dispute, the Claimant should also submit documents establishing the Tribunal’s jurisdiction, the disputed legal relationship, and the basis for each claim.
An arbitration agreement serves as the basis for determining the jurisdiction of arbitration to resolve disputes. Under the Law on Commercial Arbitration, an arbitration agreement may be entered into either before or after a dispute arises and must be made in a form compliant with applicable law. Decision No. 1185/2022/QĐ-PQTT dated 29 July 2022 of the People’s Court of Ho Chi Minh City concerns the determination of an arbitration agreement during the dispute resolution process and the parties’ right to object to the jurisdiction of the Arbitral Tribunal.
Decision No. 810/2017/QD-PQTT dated 29 June 2017 of the People’s Court of Ho Chi Minh City provides a noteworthy example. Although the person who signed the contract on behalf of the Respondent was not its legal representative, the Court nevertheless held that the arbitration agreement remained valid, taking into account the parties’ subsequent performance of the contract and the conduct of the person having proper authority in relation to the transaction.
The Middle Commercial Arbitration Center (MCAC) recommends that the parties in the contract use the following model arbitration clause: