Can I choose to use foreign law for dispute settlement through arbitration in Vietnam ?

Can I choose to use foreign law for dispute settlement through arbitration ? 

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DMS Law firm in Danang, Vietnam advises about if the disputing parties can choose the applicable law for an arbitral proceedings in Vietnam ?

Applicable laws for dispute settlement

For a dispute involving no foreign element, the arbitration council shall apply Vietnamese law for settling the dispute.

For a dispute involving foreign elements, the arbitration council shall apply the law selected by the parties. If the parties have no agreement on the applicable law, the arbitration council shall decide to apply a law it sees the most appropriate.

When the Vietnamese law or law selected by the parties contains no specific provisions concerning the dispute, the arbitration council may apply international practices for settling the dispute, provided such application or consequence of such application does not contravene the fundamental principles of Vietnamese law (Article 14 Law on Commercial Arbitration No.54/2010/QH12 dated 17 June 2010).

Therefore, the parties may choose to appoint arbitrators with an appropriate degree of expertise when the subject matter of the dispute is highly technical.

Related topics:

Potential advantages of commercial arbitration in Vietnam

Vietnam investor visa

Can I choose to use foreign language in an arbitral proceedings in Vietnam ?

Contact us:

Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son