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VIAC
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SIAC
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1. Organizational structure
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1.1 VIAC has a President and two
Vice-Presidents elected by the arbitrators for a term of four years.
1.2 The VIAC President has the authority
to appoint a Permanent Secretary of VIAC. The role of the secretary is only
generally prescribed to perform tasks in accordance with VIAC Rule and VIAC
regulations. However, the VIAC Rule does not specify the role of the
Secretary and other VIAC regulations are not available to the public.
1.3 During the proceedings, the authority
of VIAC is provided in general, without specifying which individual or
position will make decisions within the competence of VIAC.
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1.4 The SIAC has a President, Deputy
Presidents, Secretary General and Deputy Secretary Generals.
1.5 The SIAC Rule has clearer provisions
regarding the position of the President and the Secretary General during the
arbitration proceedings. However, there are still some regulations that are
only written in general without specifying which individual or position will
make which decision.
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2. Current rules
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2.1 VIAC's current procedural code is
VIAC Rule 2016. Unless otherwise agreed by the parties, VIAC Rule 2017 takes
effect from 1 March 2017.
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2.2 SIAC's current procedural code is
SIAC Rule 2017. Unless otherwise agreed by the parties, SIAC Rule 2016 takes
effect from 1 March 2016.
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3. Implementation Manual
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3.1 There is no documentation for
implementation.
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3.2 There are
documentation for implementation. Implementation guidance documents are
guidelines issued by the Secretary General of the SIAC Arbitration Court from
time to time to supplement, amend and implement SIAC
Rule 2016.
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4. Notice and calculation of time
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4.1 Notices and documents sent by one
party to VIAC must have enough copies for the Center to send one copy to each
member of the Tribunal, one copy to the other party and one copy for
archiving.
4.2 Notice, documents are considered
received on (1) the date of receipt by the parties; or (2) delivery date if
notice, documents are sent in accordance with Article 3.2 VIAC Rules 2017 (Receipt
Date).
4.3 The deadline will be counted from the
next day of the Receipt Date. There is no rule to calculate time according to
time zone.
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4.4 The parties will submit to the
Secretary General a copy of the notice, transaction documents or proposal.
4.5 The notice, transaction letter or
offer is deemed to have been received on the date of delivery in accordance
with Article 2.1 SIAC Rules 2016 (Receipt Date).
4.6 The term will be calculated from the
next day of the Receipt Date and, unless otherwise decided by the Secretary
General or the Tribunal, and in Singapore Standard Time (GMT +8).
4.7 Except as provided in this rules, the Secretary General may at any time extend
or shorten the term set forth in this rules.
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5. Launch of arbitration proceedings
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5.1 At VIAC, arbitration proceedings
begin on the date VIAC receives the Statement of Claim of the Claimant. The
arbitration agreement and related documents are attached to the Statement of
Claim.
5.2 The Statement of Claim includes:
5.2.1 Date of application;
5.2.2 Names and addresses of the parties;
5.2.3 Summary of the content of the dispute;
5.2.4 Grounds for the claim;
5.2.5 The monetary value of the dispute and
other claims;
5.2.6 Appointment for an arbitrator or
request VIAC to appoint;
5.2.7 Signature of Claimant.
5.3 Unless the parties agree otherwise on
the period of time, within 10 days from the date on
which VIAC receives the Statement of Claim, the arbitration agreement, other
relevant documents and the arbitration fees as prescribed in Article 35. of
this Rules, VIAC will send Respondent the Notice, the Statement of Claim,
arbitration agreement and other relevant documents.
5.4 Within 10 days from the date VIAC
receives the Statement of Claim, the arbitration agreement, other relevant documents and arbitration fees, VIAC sends Respondent the
Notice, the Statement of Claim, arbitration agreement and documents other
relevant material.
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5.5 At SIAC, arbitration proceedings
begin when the Claimant submitting a Notice of Arbitration to the Secretary
General. The Notice of Arbitration includes a copy of the arbitration
agreement and other documentation (see 5.6).
The Notice of Arbitration may include the Statement of Claim.
5.6 The content of the Notice of
Arbitration includes:
5.6.1 Request for arbitration;
5.6.2 names, addresses, telephone numbers, fax
numbers and email addresses,
if
available, of the parties to the arbitration and their representatives
of
the parties, if any;
5.6.3 a reference to and a copy of the
arbitration agreement;
5.6.4 a reference to and a copy of the contract
or other document giving rise to the dispute or relating to the dispute;
5.6.5 summarize the facts of the case and the
circumstances of the case, specifying the request for any interim relief (if
any), and preliminary determination of the amount of the claim (if possible);
5.6.6 a statement of the scope of the matter to
be brought before the arbitration;
5.6.7 the number of arbitrators (if not specified
in the arbitration agreement);
5.6.8 The issue on nominating an arbitrator;
5.6.9 comment on applicable law;
5.6.10 comment on language;
5.6.11 payment of the requisite filing fee.
5.6.12 the statement of Claim (if applicable).
5.7
If Claimant does not file the
Statement of Claim attached to the Notice of Arbitration, then Claimant must
file the Statement of Claim within a period to be determined by the Tribunal.
Thus, according to SIAC's procedures, Claimant may file the Statement of
Claim after the establishment of Tribunal and other procedural issues to
initiate arbitration.
5.8 Concurrently with the filing of the
Notice of Arbitration to the Secretary General, the Claimant will provide the
Respondent with the Notice of Arbitration, and notify the Secretary General
of its delivery, specifying the method of delivery and the date of sending.
5.9 The SIAC will notify the parties of
the commencement of the arbitration.
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6. Reply to Notice of Arbitration
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6.1 VIAC does not have this procedure.
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6.2 Within 14 days since the receipt date
of the Notice of Arbitration, the Respondent will submit a Response to the
Secretary General. The Response will include the following main contents:
6.2.1 A confirmation or denial of all or part
of the claim, including any plea that the Tribunal lacks jurisdiction;
6.2.2 a brief statement of any counterclaim,
and interim relief, and preliminary monetary amount of the counterclaim (if
any);
6.2.3 comments on the contents of the Notice
of Arbitration;
6.2.4 the issue on nominating an arbitrator;
6.2.5 payment of the requisite filling fee for
the counterclaim (if any);
6.2.6 The Statement of Defense or Counterclaim
(if applicable).
6.3 The Response of the Respondent may
include both the Statement of Defense and the Counterclaim.
6.4 Concurrently with the filing of the
Response to the Secretary General, the Respondent will provide the Claimant
with the Notice of Arbitration, and notify the Secretary General of its
delivery, specifying the method of delivery and the date of sending.
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7. Emergency Arbitrator
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7.1 No regulations.
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7.2 Before the establishment of the
Tribunal, a party may file a request for the application of the emergency
arbitration to the Secretary-General. The President of the SIAC may appoint
an Emergency Arbitrator to deal with the such
request.
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8. Expedited procedure
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8.1 The expedited
procedure will be applied if the parties agree to apply
8.2 The expedited
procedure is subject to some provisions as follows:
8.2.1 VIAC or the
Tribunal has the authority to shorten any time limit;
8.2.2 The Tribunal will
consist of one arbitrator, unless otherwise agreed by the parties;
8.2.3 Unless there is an objaction of either party,
(a) the Tribunal
may conduct a dispute settlement meeting without the presence of the parties;
(b) The Tribunal may
also conduct the hearing by means of teleconference, video- conference or by any other
appropriate means
8.2.4 There is no time
limit when conducting the expedited procedure.
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8.3 The expedited procedure is applied
when (i)
the amount in dispute will not exceed 6,000,000 Singapore Dollar; (ii)
the parties so agree; or (iii)
exceptional urgency.
8.4 Prior to the establishment of the
Tribunal, a party may submit to the Secretary General a request for
arbitration and will send a copy of that request to the other party and
notify the Secretary General of this delivery
8.5 After considering the opinions of the
parties, and taking into account the circumstances
of the dispute, the President will decide whether to proceed according to the
expedited procedure or not.
8.6 The expedited procedure
is subject to some provisions as follows:
8.6.1 The Secretary
General has the authority to shorten deadlines;
8.6.2 The Tribunal will
consist of one arbitrator, unless otherwise decided by the President;
8.6.3 The Secretary
General decides whether a meeting should be held;
8.6.4 The reasons for the
Award may be in summary form, unless the parties agree not to give reasons;
and
8.6.5 Award will be made within 6 months from
the date of establishment of the tribunal unless the Secretary General
decides to extend.
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9. Settlement of multiple contracts
(joinder of disputes)
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9.1 Allowing to merge multiple contracts
in a dispute settlement.
9.2 This is a similarity between VIAC and
SIAC.
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9.3 Allowing Claimant to file a dispute
involving multiple contracts into one arbitration and pay a single filing
fee.
9.4 Authority to decide on the
consolidation of the case belongs to SIAC.
9.5 This is a similarity between VIAC and
SIAC.
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10. Arbitration fee
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10.1 Claimant makes payment in full for (i)
fees for the Arbitrator, and (ii)
administrative fees under the Arbitration Fee Schedule effective at the time
of filing the Statement of Claim.
10.2 After the establishment of the
tribunal, the tribunal decides that one or both parties must advance (iii)
travel fee, accommodation fee and other related expenses.
10.3 During the trial, (iv) cost of
assessment, property valuation, cost of expert consultation will be
determined.
10.4 There is no provision for third party
to fund the arbitration fees.
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10.5 The claimant pays the filing fee when
submitting the Notice of Arbitration to SIAC.
10.6 Claimant pays 50% of the deposit for
arbitration fees, and Respondent pays the remaining 50%. One party is allowed
to pay the entire deposit if the other party fails to pay its due.
10.7 The Tribunal may require a party to
provide security for (i) attorney fees or other
expenses, and/or for (ii) all or part of the amount in dispute.
10.8 There is no provision for third party
to fund the arbitration fees.
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11. Language
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11.1. For disputes without foreign elements, the language of
arbitration is Vietnamese.
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11.2 Unless the parties agree otherwise, the
arbitration council will decide the language to be used in the arbitration.
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12. Number of arbitrators
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12.1 Unless the parties have agreed that the
dispute will be resolved by a sole arbitrator, the dispute will be resolved
by a Tribunal comprising three arbitrators.
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12.2 A sole arbitrator will be appointed in
any arbitration under this Rules unless otherwise agreed by parties or
decided by the Registrar General.
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13. Establishment of the Tribunal
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13.1 The Tribunal is established within a
limited period of time (maximum 59 days in case the
tribunal has 3 arbitrators; and 39 days in case the tribunal has 1
arbitrator) since VIAC sends the Notice, Statement of Claim, arbitration
agreement and other documents to the Respondent.
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13.2 A tribunal consisting of one arbitrator
will be established within 21 days from the date the Claimant submits the
Notice of Arbitration if the parties can agree to choose an arbitrator;
otherwise, after this 21-day period the President will appoint an arbitrator.
13.3 The Tribunal of 3 members will be
established by agreement of the parties or within the time limit fixed by the
Secretary General.
13.4 In the event of more than two parties
participating in the arbitration, if the nomination of an arbitrator is not
done within 28 days from the date on which the Claimant submits the Notice of
Arbitration or within a time limit agreed upon by the parties or within a
period provided by the Secretary General, the President will appoint an
arbitrator.
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14. Replacement of arbitrator
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14.1 The parties have the right to change
the Arbitrator if the Arbitrator falls into one of the following cases:
14.1.1 Being a relative or representative of a party;
14.1.2 Having an interest related to the dispute;
14.1.3 Being a mediator, a representative or a
lawyer for either party in the dispute currently being brought to the VIAC
for resolution unless the parties have agreed otherwise in writing;
14.1.4 There are clear grounds demonstrating that
the prospective arbitrator is not impartial or
objective;
14.1.5 Failure to meet specific qualifications
agreed by the parties;
14.1.6 Failure to meet the qualifications
specified in the applicable arbitration law.
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14.2 Any arbitrator may be challenged if
circumstances exist that give rise to justifiable doubts as to the
arbitrator’s impartiality or independence or if the arbitrator does not
possess any requisite qualification on which the parties have agreed.
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15. Statement of Claim
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15.1 The Statement of Claim was filed by the
Claimant at the beginning of the arbitration proceedings. (see
5)
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15.2 The Statement of Claim may be attached
to the Notice of Arbitration (see 5)
or submitted after the establishment of the Tribunal according to time limit
decided by the Tribunal.
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16. Statement of Defence
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16.1 Unless otherwise agreed by the parties, within 30 days from the
receipt date of the Notice, the Statement of Claim, the arbitration agreement
and other relevant documents, the Respondent must submit to the the Statement of Defence to
VIAC. The Statement of Defence must contain the
contents according to Article 9.1 of VIAC Rules 2017.
16.2 The Statement of Defence and related documents must be sent
with a number of copies as prescribed in Article 3.1 of VIAC Rules 2017.
16.3 Arbitration
proceedings will still be conducted even if the Respondent does not submit a
Statement of Defense.
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16.4 The Statement of Defence
may be attached to the Response (see 6)
or submitted after the establishment of the Tribunal according to time limit
decided by the Tribunal.
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17. Counterclaim
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17.1 The Counterclaim is independent of the
Statement of Defence.
17.2 The Counterclaim is sent to VIAC at the
same time the Statement of Defence is submitted.
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17.3 The Respondent must provide a brief
description of the nature and circumstances of the Statement of Counterclaim
in the Response to the Notice of Arbitration.
17.4 A Statement of Couterclaim
may be attached to the Response to the Notice of Arbitration or submitted
according to the time limit decided by the Tribunal.
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18. Early dismissal
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18.1 No regulations.
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18.2 A party may apply to the Tribunal for
the early dismissal of a claim or
defence on the basis that:
18.2.1 no legal value; and
18.2.2 not under the jurisdiction of the
Tribunal.
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19. Interim relief
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19.1 Interim relief
are listed in a closed list.
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19.2 The arbitration council may consider
applying an interim relief that the Tribunal deems appropriate.
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20. Authority of Tribunal
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20.1 In addition to the contents mentioned
in this comparison table, the Tribunal has the authority to:
20.1.1 verify the facts;
20.1.2 collect evidence; and
20.1.3 summon witnesses.
20.2 There are no explicit provisions on the
authority to determine the admissibility, relevance, weight of evidence, or
the manner to examine
witnesses and experts.
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20.3 In addition to the contents mentioned
in this comparison table, the Tribunal has the following authority to:
20.3.1 determining the admissibility, relevance,
weight of evidence or the manner to examine witnesses;
20.3.2 determining the admissibility, relevance,
weight of evidence or the manner to examine the expert; and
20.3.3 The Tribunal has additional rights that
are specifically listed in Article 27 of the SIAC Rules.
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21. Hearings
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21.1 The time and place of the hearing will
be decided by the Tribunal.
21.2 The VIAC will send a summon to attend
the hearing within a period of time no less than 15
days before the date of such hearing, unless otherwise agreed by the parties.
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21.3 The tribunal will hold a preliminary
meeting with the parties to discuss appropriate and effective procedures for
the dispute.
21.4 The tribunal will hold a meeting to
resolve the dispute at the discretion of the tribunal or at the request of a
party, unless:
21.4.1 the parties have agreed on a
documents-only arbitration; or
21.4.2 otherwise provided in this SIAC Rules.
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22. End of proceedings
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22.1 The arbitration proceedings end at the
end of the final hearing as declared by the Tribunal.
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22.2 The arbitration proceedings end when
the Tribunal declares so.
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23. Award of the Tribunal
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23.1 The award of the Tribunal is made on
the principle of majority, if a majority is not reached, the award is decided
by the Chairman of the Tribunal.
23.2 The award of the Tribunal is made
within 30 days since the end-date of the last meeting and must be sent to
VIAC immediately after making.
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23.3 Before the award is made, the Tribunal
can reopen the proceedings.
23.4 The Tribunal sends the draft award to
SIAC no later than 45 days after the date the tribunal declares the
termination of the proceedings. SIAC may propose to amend the form of the
award and may also draw attention to the Tribunal on some merit points that
do not affect the Tribunal's freedom to decide the dispute. The Tribunal will
not issue any award until SIAC accepted the form of award.
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