PROCEDURES FOR RESOLUTION OF DISPUTES BY ARBITRATION AT THE MIDDLE COMMERCIAL ARBITRATION CENTER (MCAC)

Arbitral proceedings at the Middle Commercial Arbitration Center (MCAC) are conducted in accordance with a clear and structured procedure, ensuring speed, flexibility, and efficiency in dispute resolution. A thorough understanding of the procedural steps at MCAC enables the parties to be more proactive in the proceedings and to better protect their rights and interests.

Based on the provisions of the Law on Commercial Arbitration 2010 and the Rules of Arbitration of the Middle Commercial Arbitration Center (MCAC), the procedures for resolving disputes by arbitration are carried out in the following steps:

The parties enter into a commercial contract containing an arbitration clause:
“All disputes arising out of or in connection with this Contract shall be resolved by arbitration at the Middle Commercial Arbitration Center (MCAC) in accordance with its Rules of Arbitration.”

Step 1: The Claimant submits the Statement of Claim, supporting documents, selects an arbitrator, and pays the arbitration fee

The Claimant submits the case file, including the Statement of Claim, the arbitration agreement, and supporting documents and evidence.

In the Statement of Claim, the Claimant must appoint an arbitrator or request MCAC to appoint one on its behalf.

During the arbitral proceedings, the Claimant may amend or supplement the Statement of Claim, the Statement of Defense, and the Defense to Counterclaim before the closing of the final hearing, or may withdraw the Statement of Claim before the arbitral award is issued.

Number of required copies: 5 sets (for a tribunal of three arbitrators) or 3 sets (for a sole arbitrator).

Arbitration fees:
MCAC shall, based on the claims, notify the Claimant to pay the arbitration fee within a prescribed period not exceeding 05 days.

If the Claimant fails to pay the arbitration fee within the prescribed time limit, the Claimant shall be deemed to have withdrawn the claim, and the President of MCAC shall issue a decision to terminate the proceedings.

If the Claimant pays the arbitration fee within the prescribed time limit, MCAC shall accept the case and send notifications, the Statement of Claim, the arbitration agreement, and other relevant documents to both parties.

Step 2: MCAC sends the notice, Statement of Claim, and relevant documents to the Respondent

Within 10 days from the date the Claimant submits a complete dossier and pays the arbitration fee, MCAC shall notify and send the following documents to the Respondent:

• The Statement of Claim and accompanying documents;
• The arbitration agreement;
• The list of arbitrators of MCAC;
• The Rules of Arbitration of MCAC;
• A sample Statement of Defense form.

Step 3: The Respondent submits the Statement of Defense and selects an arbitrator or requests appointment

Within 30 days from the day following receipt of the notice, Statement of Claim, arbitration agreement, and other relevant documents, the Respondent must submit the Statement of Defense to MCAC.

The Respondent must select an arbitrator in the Statement of Defense. If the Respondent fails to do so or does not request the President of MCAC to appoint one, the President of MCAC shall appoint an arbitrator on its behalf.

If the Respondent considers that the arbitration agreement does not exist, is invalid, or is incapable of being performed, it must clearly state so in the Statement of Defense. Failure to do so shall result in a waiver of the right to object.

Any request for extension of time must be made in writing and received by MCAC before the expiration of the original or extended deadline.

Failure of the Respondent to submit a Statement of Defense does not prevent the continuation of the arbitral proceedings.

Step 4: Constitution of the Arbitral Tribunal

According to the MCAC Rules, disputes shall be resolved by either a tribunal of three arbitrators or a sole arbitrator. The parties may agree on the composition; otherwise, a three-member tribunal shall be formed.

In cases involving multiple claimants or respondents, each side must agree on appointing one arbitrator or request MCAC to appoint one for them.

If the appointed sole arbitrator is not on MCAC’s list, the parties must provide contact details of such arbitrator to MCAC.

Step 5: Preparation for the hearing

The Arbitral Tribunal reviews the arbitration agreement, examines the case file, verifies facts and evidence.

It reviews documents and evidence provided by the parties, including but not limited to:
• Evidence relating to the dispute;
• Applicable laws;
• Jurisdictional issues;
• Participants in the hearing;
• Lists of witnesses, experts, and appraisal bodies if requested.

The Tribunal may also determine the time and place of the hearing unless additional preparatory meetings are required.

The Tribunal reviews matters relating to the arbitration agreement, including the place of arbitration, number of arbitrators, language, and applicable law.

Step 6: Issuance of notice of hearing

The notice of hearing shall be sent to the parties at least 15 days before the hearing date, unless otherwise agreed.

Step 7: Hearing

The hearing shall be conducted in private unless otherwise agreed by the parties.

The parties may invite witnesses and representatives to protect their rights and interests, provided that the Tribunal is notified in advance.

Note: After the final hearing, the Tribunal is not obliged to consider any additional documents or evidence submitted by the parties.

Step 8: Issuance of the arbitral award

The arbitral award must be issued within 30 days from the date of the conclusion of the final hearing.

The procedures for dispute resolution by arbitration at the Middle Commercial Arbitration Center (MCAC) are established in accordance with legal provisions and the Center’s Rules of Arbitration, ensuring clarity, consistency, and practical applicability. Compliance with these procedures not only ensures an effective and lawful dispute resolution process but also safeguards the legitimate rights and interests of the parties in commercial activities.

The article above has analyzed in detail is "Procedures for resolution of disputes by arbitration at the middle commercial arbitration center (Mcac)". For more detailed information or legal assistance, please contact the MCAC Secretariat:

• Hotline: 0935 925 068 - 0236 3656799
• Email: contact@mcac.vn
• Read more: Who can become an arbitrator arccording vietnamese law?