After an arbitration award is issued, the ideal scenario is for all relevant parties to voluntarily comply with and execute the award. This means there is no need for further legal procedures, saving time and costs for the parties. However, not all parties obligated to execute the award do so voluntarily. In such cases, to protect their rights, the award beneficiaries have the right to request the competent civil enforcement authority to enforce the award. In the following article, TNTP will guide the procedure for parties to request the civil enforcement authority to enforce the award.
1. Registration of Ad hoc arbitration award
If parties request the competent Civil Enforcement Authority to enforce an arbitration award, the award must be registered according to the provisions of Article 62 of the 2010 Commercial Arbitration Law, specifically as follows:
• Within 1 year after an arbitral award is issued, the party requesting registration of an award of ad hoc arbitration shall file an application for such registration to the people’s courts of provinces or centrally run cities where the Arbitration Council issued the arbitration award, enclosed with originals or true copies of the following documents:
Arbitral award issued by the ad hoc arbitration council;
Minutes of the ad hoc arbitration council’s dispute settlement meeting, if any;
Original or certified copy of the arbitration agreement.
The requester shall take responsibility for the truthfulness of the documents sent to the court. If the application for registration of the ad hoc arbitration award is made after the 01-year deadline from the date of issuance of the arbitration award, the Court does not have the authority to consider and resolve the request.
• The content of the arbitration award registration includes:
Time and place of registration;
Name of the court making registration;
Name and address of the requester for registration;
The registered award;
Signature of the competent person and seal of the court.
• Within 5 working days after receiving an application for award registration, the court president shall assign a judge to consider such application. Within 10 days after being assigned, such judge shall examine the truthfulness of the documents enclosed with the application and make registration.
If the arbitral award and documents are deemed authentic, the judge shall carry out the registration.
If identifying that the arbitral award is untrue, the judge shall refuse to make registration, return the application and enclosed documents and immediately notify such to the requester clearly stating the reason. Within 3 working days after receiving the court’s notice, the requester may complain to the court president about the refusal to make registration. Within 3 working days of receiving the complaint, the court president shall consider and issue a decision settling the complaint. The court president’s dispute settlement decision is final.
If there is evidence that the cancellation or the arbitral award is being considered at a competent court when receiving the request for registration of the arbitral award, the court shall delay undertaking the request pending the decision on arbitral award cancellation.
• After considering the request for registration of arbitral award, the judge is not required to hold a meeting to consider the request. If necessary, the judge may convene one or all parties concerned and the arbitral tribunal for them to offer their opinions about the registration of arbitral award.
• The applicant requesting the Court to register the ad hoc arbitration award must pay a fee of 500,000 VND to the Court (Based on Resolution No. 326/2016/UBTVQH14 on fees, exemptions, reductions, collection, management, and use of court fees).
2. Enforcement of Arbitration Award
If the deadline for enforcing the arbitration award has expired and the party obligated to enforce the award has neither voluntarily complied nor requested the annulment of the arbitration award, after the award is registered, the beneficiary of the arbitration award has the right to request the competent Civil Enforcement Authority to enforce the arbitration award.
Above is the article “Procedures for enforcement of ad hoc arbitration awards” sent to readers. Hopefully, the information provided is useful to those interested in this issue.
Best regards,
