VIETNAM INTERNATIONAL ARBITRATION CENTRE AT THE CHAMBER OF COMMERCE AND INDUSTRY

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1 VIETNAM INTERNATIONAL ARBITRATION CENTRE AT THE CHAMBER OF COMMERCE AND INDUSTRY PHAN TRONG DAT Vice Secretary General VIETNAM INTERNATIONAL ARBITRATION CENTRE

2 VIAC Overview Established in 1993 The mergence of Foreign Trade Arbitration Council (1963) and; Maritime Arbitration Council (1964) HEAD-OFFICE Non-government, Independence

3 Singapore Korea USA China (include Hong Kong) UK Germany Taiwan Malaysia Japan India Nga Thailand Tay ban nha UAE Áo France Australia Netherland Poland Philippines Ha lan Cananda Indonesia Slovakia Bahamas Turkey Thụy Điển Isarel Ukraine Nauy Sec Sri lanka Cyprus Slovenia British Virgin Islands Bungari Campuchia Italy Hungary Hugary Panama Tanzania Vanuatu Uruguay Seri Gruzia Đan Mạch Arab Saudi Pakistan Sudan Laos East Timor Azerbauan Cayman Islands New Zealand Marshall Islands Brazil Turkey Pháp Statistics on Nationalities of Parties VIAC is also the ONLY Vietnamese arbitration institution where arbitrating parties having DIVERSE nationalities. In this 2015, disputing parties from China (including Hong Kong) were involved into 50% of foreign related cases approximately statistic also recorded the first time parties from Italia, Bermuda etc... arbitrating at VIAC

4 Statistics on Sale of Goods Disputes Types of disputes (By ) Others 54% Sale of Goods 46% Types of disputes Domestic Sale of Goods 39% International Sale of Goods 61%

5 Overview of common international sales of goods disputes involving Vietnamese enterprises 1. Seller s breach Non-delivery Late delivery Non-conformity of goods (type, quality, quantity, time, place) Non-transfer of documents 2. Buyer s breach Non-payment, including failing to open L/C Late payment Non receipt of goods Delay in receipt of goods

6 Uncitral Arbitration Rules 2010 Applicable law, amiable compositeur Article The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the arbitral tribunal shall apply the law which it determines to be appropriate. 2. The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorized the arbitral tribunal to do so. 3. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any usage of trade applicable to the transaction.

ICC Arbitration Rules 2012 Article 21: Applicable Rules of Law 1) The parties shall be free to agree upon the rules of law to be applied by the arbitral tribunal to the merits of the dispute.

7 ICC Arbitration Rules 2012 Article 21: Applicable Rules of Law 1) The parties shall be free to agree upon the rules of law to be applied by the arbitral tribunal to the merits of the dispute. In the absence of any such agreement, the arbitral tribunal shall apply the rules of law which it determines to be appropriate. 2) The arbitral tribunal shall take account of the provisions of the contract, if any, between the parties and of any relevant trade usages. 3) The arbitral tribunal shall assume the powers of an amiable compositeur or decide ex aequo et bono only if the parties have agreed to give it such powers.

SIAC Arbitration Rules 2016 Rule 31: Applicable Law, Amiable Compositeur and Ex Aequo et Bono 31.1. The Tribunal shall apply the law or rules of law designated by the parties as applicable to the substance of the dispute.

8 SIAC Arbitration Rules 2016 Rule 31: Applicable Law, Amiable Compositeur and Ex Aequo et Bono The Tribunal shall apply the law or rules of law designated by the parties as applicable to the substance of the dispute. Failing such designation by the parties, the Tribunal shall apply the law or rules of law which it determines to be appropriate The Tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised it to do so In all cases, the Tribunal shall decide in accordance with the terms of the contract, if any, and shall take into account any applicable usage of trade.

9 HKIAC Arbitration Rules 2013 Article 35 Applicable Law, Amiable Compositeur 35.1 The arbitral tribunal shall decide the substance of the dispute in accordance with the rules of law agreed upon by the parties. Any designation of the law or legal system of a given jurisdiction shall be construed, unless otherwise expressed, as directly referring to the substantive law of that jurisdiction and not to its conflict of laws rules. Failing such designation by the parties, the arbitral tribunal shall apply the rules of law which it determines to be appropriate The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly agreed that the arbitral tribunal should do so In all cases, the arbitral tribunal shall decide the case in accordance with the terms of the relevant contract(s) and may take into account the usages of the trade applicable to the transaction(s).

10 VIAC Rules of Arbitration 2012 Article 22. Applicable law 1. For disputes without a foreign element, the Arbitral Tribunal shall apply the law of Vietnam. 2. For disputes with a foreign element, the Arbitral Tribunal shall apply the law agreed by the parties; if the parties do not have any agreement on the applicable law, the Arbitral Tribunal shall determine the law it considers the most appropriate. 3. If the law of Vietnam, the law agreed by the parties or the law determined by the Arbitral Tribunal does not contain specific provisions relevant to the merits of the dispute, the Arbitral Tribunal may apply appropriate trade usages to resolve the dispute.

11 Some cases Contracts Decisions Case No.1 No agreement on applicable law; a Party requested the application of CISG as CISG bears international and neutral nature No application of CISG. The law considered appropriate is the laws of Vietnam Case No.2 No agreement on applicable law; an agreement for reference to international guide and practice (ICC's Act of God Clause and Incoterms 2010) No application of CISG. The law considered appropriate is the laws of Vietnam Case No.3 No explicit agreement on applicable law; an agreement for reference to International Commercial Laws Application of CISG (and Incoterms 2000 and URC )

13 VIETNAM INTERNATIONAL ARBITRATION CENTRE Head-quarter VCCI tower, 9 Dao Duy Anh, Dong Da Dist, Hanoi, Vietnam Phone: (84.4) Fax: (84.4) Website: info@viac.org.vn HCMC Branch VCCI tower, No. 171 Vo Thi Sau, District No. 3, HCMC, Vietnam Phone: (84.8) Fax: (84.3) Website: info@viac.org.vn

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country) 5/4/2016 Imports by Volume (Gallons per Country) YTD YTD Country 03/2015 03/2016 % Change 2015 2016 % Change MEXICO 53,821,885 60,813,992 13.0 % 143,313,133 167,568,280 16.9 % NETHERLANDS 11,031,990 12,362,256