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Pursuant to Article 11 of VIAC's Rules of Arbitration, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators or a Sole Arbitrator. Unless the parties have agreed that the dispute shall be resolved by a Sole Arbitrator, the dispute shall be resolved by an Arbitral Tribunal comprising three Arbitrators.
The constitution of an Arbitral Tribunal comprising three Arbitrators set forth in Article 12 of VIAC's Rules of Arbitration is prescribed as follows:
The Claimant shall select an Arbitrator or request the Centre to appoint an Arbitrator.
The Respondent shall select an Arbitrator or request the Centre to appoint an Arbitrator.
Pursuant to Article 13 of VIAC's Rules of Arbitration, unless otherwise agreed by the parties, within 30 days starting from the day immediately following the date on which the Respondent receives the Notice, the Request for Arbitration, the arbitration agreement and other relevant documents, the parties shall agree on the selection of a Sole Arbitrator or request the Centre to appoint a Sole Arbitrator and shall notify the Centre. Where the name of the person selected as the Sole Arbitrator is not included in the List of Arbitrators, the parties shall inform the Centre of the address of such an Arbitrator.
If the Centre does not receive the notification, the Centre’s President shall, within 07 days after the expiry date of the aforesaid period of time, make a decision to appoint the Sole Arbitrator.
Pursuant to Article 12 and Article 13 of VIAC’s Rules of Arbitration, if Respondent fails to select an Arbitrator or to request the Centre to appoint an Arbitrator within the aforesaid period of 30 days, the Centre’s President shall, within 07 days after the expiry date of the period of time, make a decision to appoint an Arbitrator.
Pursuant to Article 28 of VIAC's Rules of Arbitration:
“Article 28. Jurisdiction of the Arbitral Tribunal
Where the Arbitral Tribunal finds that the arbitration agreement exists, is valid and capable of being performed, the Arbitral Tribunal shall proceed with the dispute resolution. Where the Arbitral Tribunal finds that the arbitration agreement does not exist, is invalid or incapable of being performed, the Arbitral Tribunal shall make a decision to stay the dispute resolution.
Pursuant to Article 5 of Law on Commercial Arbitration 2010, the arbitration tribunal shall continue to conduct the dispute resolution while the court is dealing with the petition.
Pursuant to Article 49.2 of Law on Commercial Arbitration, the arbitration tribunal may, at the request of one of the parties, order one or more forms of interim relief applicable to the parties in dispute. The interim relief shall comprise:
a) Prohibition of any change in the status quo of the assets in dispute;
b) Prohibition of acts or ordering some specific action to be taken, aim at preventing conduct adverse to the arbitration process of the arbitration proceedings;
c) Attachment of the assets in dispute;
d) Requirement of preservation, storage, sale or disposal of any of the assets of one or all parties in dispute;
e) Requirement of interim payment of money as between the parties;
f) Prohibition of transfer of asset rights of the assets in dispute.
According to Article 46 of Law on Commercial Arbitration, the parties shall have the right and responsibility to provide evidence to the arbitration tribunal to prove the facts relevant to the issues in dispute. The arbitration tribunal shall have the right, at the request of one or all parties, to request witnesses to provide information and data relevant to the dispute resolution, to seek an assessment or valuation of the assets in dispute in order to provide grounds for resolving the dispute, to seek expert advice. The arbitration tribunal may require the court to support in this job.
According to Article 47 of Law on Commercial Arbitration, at the request of one party or all parties and when necessary, the arbitration tribunal may summon witnesses to attend the hearings. If a witness, though having been properly summoned by the arbitration tribunal, fails to attend the hearings without a legitimate reason and his/her absence obstructs the dispute settlement, the arbitration tribunal shall request in writing the competent court to issue a decision summoning to attend the hearings.