Can I challenge an arbitration award in Vietnam if the tribunal ignored key evidence?

In Vietnam, an arbitral award can be challenged only through a judicial review (the set-aside procedure) before the People’s Court that has jurisdiction over the place where the arbitration was seated, or over the parties’ domicile if the seat is abroad. Under Article 147 of the 2015 Law on Commercial Arbitration, a party may apply to set aside an award within 90 calendar days from the date the award is served on that party (or, if the award is not served, from the date the party learns of it). The application must be filed in writing and must state at least one of the statutory grounds for set aside, such as: (i) lack of jurisdiction of the arbitral tribunal; (ii) violation of due-process rights (e.g., the tribunal ignored admissible evidence like emails and delivery records); (iii) the award is contrary to public order or the law; or (iv) the award was obtained by fraud. If the court finds the ground valid, it may suspend the award and order the tribunal to reconsider, or it may annul the award entirely. The court's decision on the set-aside request is final and not subject to further appeal, except for a limited appeal on points of law to the Supreme People’s Court within 30 days of the lower court’s judgment, but only when the lower court’s decision involves a legal question of great significance. In practice, you should act quickly: gather and preserve all evidence you tried to submit, such as emails, delivery receipts, correspondence with the supplier, and any proof that the tribunal was notified of this material; draft a set-aside petition that cites the specific procedural irregularity (for example, the tribunal’s refusal to consider admissible documents, which breaches the principle of equal treatment of the parties); attach the omitted evidence as annexes; file the petition within the 90-day deadline at the competent People’s Court; missing the deadline generally bars the review, unless you can convincingly argue that you were prevented from filing due to force majeure or the court’s own delay in serving the award. If the court denies the set-aside request, your only remaining recourse is to enforce the award (if you have not already done so) or, if the award is being executed abroad, to challenge its recognition in the foreign jurisdiction under the New York Convention, arguing that the award was obtained in violation of Vietnamese due-process standards. However, the primary and most effective remedy in Vietnam is the timely judicial review under the 90-day rule. In practice, act quickly. Sincerely, Ascendence International Consulting

Yes. Under Vietnamese law, a Vietnamese court may set aside an arbitral award in certain circumstances, including serious procedural violations (for example, if key evidence was improperly ignored). Our lawyers will review and advise you accordingly.

Hello,
To consider the reasons and legal geound for challenging an arbitral award, I need to know the whole story and review the rendered award. Basically, if there is unfair process (ignored evidence), you can challenge the award at the court in 30 days from the date of receipt of the award. I can not provide you my contact detail here. So, please find me and reach me more if you want. Thanks.

Yes, thê arbitral award can be appealed at the Vietnamese court. Pls give us more details of your case in order to give our initial advice.

Dear Sir,

Regarding your question, we have the following preliminary advice:

Regarding Challenge an arbitration award in Vietnam if the tribunal ignored key evidence?

The answer is: YES. You can file a request to the Court to set aside (cancel) the award.

Please Note: Deadline to request setting aside the Award: You have 30 days from the date of receipt of the arbitration award to file a request with the Court to set aside the award. If this deadline passes without a valid reason of force majeure, you will lose the right to request the setting aside of the award, and the award will become enforceable.

Therefore, to protect your legitimate rights and interests, you should take the following steps immediately:

1. Check the receipt date: Accurately determine the date you received the award to calculate the 30-day deadline.
2. Review procedural rules: We need to carefully review the Arbitration Rules of the Arbitration Center (if applicable) or the arbitration agreement to identify specific provisions regarding the collection and assessment of evidence that the Arbitration Tribunal may have violated.

If you would like our assistance in reviewing the case file and drafting the petition to set aside the award, or if you require a lawyer to represent you in the court proceedings regarding this matter, please send us a copy of the award and the rejected evidence as soon as possible.