How can we help you?
You can also browse the topics below to find what you are looking for.
You can also browse the topics below to find what you are looking for.
According to Article 34 of VIAC's Rules of Arbitration, costs of arbitration include:
The expenses for remuneration of Arbitrators;
The Centre’s administrative expenses;
The expenses for travelling, accommodation and other relevant expenses of the Arbitrators as stipulated in the written Guidelines of the Centre in force at the time of preparing the estimate for the expenses; and the expenses for other assistance at the request of the Arbitral Tribunal;
The expenses for inspection and valuation of assets, the expenses for seeking expert advice.
According to paragraph 1 and 2 of Article 35 of VIAC's Rules of Arbitration, unless otherwise agreed by the parties, upon submission of the Request for Arbitration, the Claimant shall pay the expenses in full as provided in paragraphs 1 and 2 of Article 34 of these Rules pursuant to the Schedule of Costs of Arbitration of the Centre in force at the time of submission of the Request for Arbitration. Where the Claimant fails to pay such expenses in full within the period of time fixed by the Centre, the Claimant shall be deemed to have withdrawn the Request for Arbitration, but shall not be prevented from resubmitting the Request for Arbitration .
The expenses referred to in paragraphs 3 of Article 34 of these Rules shall be paid in advance after the Arbitral Tribunal is constituted. The Centre shall consult with the Arbitral Tribunal to prepare expense estimate and shall request a party or the parties to pay an advance against the expenses and notify the parties. Unless otherwise agreed by the parties, the requested party or parties shall pay such advance(s) in full within 15 days from the date of receipt of the notice from the Centre. If the expenses are not fully paid in advance, the Centre may request the Arbitral Tribunal to temporarily suspend the dispute resolution. If so, one party may pay for the outstanding amount on behalf of the other party at the request of the Centre so that the dispute resolution continues. If the expenses are notfully paid in advance, the Arbitral Tribunal may temporarily suspend the dispute resolution.
The expenses referred to in paragraph 4 of Article 34 of the Rules shall be paid in accordance with paragraphs 3 and 4 of Article 19 of the Rules.
The Centre shall calculate the expenses as provided in paragraph 3 of Article 34 of these Rules and notify the parties and the Arbitral Tribunal before the Arbitral Tribunal makes the Arbitral Award. If the advanced amount exceeds the actual expenses, the Centre shall refund the amount in excess. If the actual expenses exceed the advance, the parties shall pay the Centre the amount in shortage.
The costs of arbitration should be transferred to the following account:
Account No.: 12110378189689 (USD) or 12110008189889 (VND)
Name of bank: Join stock commercial bank for Investment and Development of Vietnam (BIDV) – Hai Ba Trung branch
Swift code: BIDVVNVX
The beneficiary: Vietnam International Arbitration Centre
According to Article 35.1 of VIAC's Rules of Arbitration, where the Claimant fails to pay such expenses in full within the period of time fixed by the Centre, the Claimant shall be deemed to have withdrawn the Request for Arbitration, but shall not be prevented from resubmitting the Request for Arbitration.
According to Article 35.2 of VIAC's Rules of Arbitration, where the Respondent fails to pay such expenses in full within the period of time fixed by the Centre, the Respondent shall be deemed to have withdrawn the Counterclaim.
As being stated in Article 34.3 of Law on Commercial Arbitration 2010, the party which loses the cases must pay the arbitration costs, unless otherwise agreed by or stipulated by the procedural rules of the arbitration centre, or unless the arbitration tribunal makes some other allocation of fees.
According to Article 36.1 of VIAC's Rule of Arbitration, unless otherwise agreed by the parties, the Arbitral Tribunal shall allocate the costs of arbitration.
According to Section II in Schedule of Arbitration costs of VIAC issued together with Decision No. 89/QD-VIAC dated January 25th, 2016 of the President of VIAC, the arbitration costs shall be refundable in the following circumstances:
Withdrawal of the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim:
a) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn before the constitution of the Arbitral Tribunal, 70% of the arbitration costs is refundable;
b) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the constitution of the Arbitral Tribunal, 40% of the arbitration costs is refundable.
c) Where the Request for Arbitration and/or amendment and/or supplement to the Request for Arbitration; the Counterclaim and/or amendment and/or supplement to the Counterclaim are withdrawn after the Centre has sent the summon to the hearing, but before the date of the hearing, 20% of the arbitration costs is refundable.
Where the Arbitral Tribunal makes the Decision staying the dispute on the grounds of non-existence or invalidity or inability to be performed of an arbitration agreement, 30% of the arbitration costs is refundable.
Where the Arbitral Tribunal makes the Decision staying the dispute resolution in accordance with a competent Court’s judgment saying that the Arbitral Tribunal having no jurisdiction over the dispute, 20% of the arbitration costs is refundable.
In no circumstances, the remaining arbitration costs is less than VND 10,000,000.