In arbitration proceedings, disputes do not always arise solely between two groups of parties – the Claimant(s) and the Respondent(s); at times, one or more third parties may also be involved. Under Vietnamese civil procedure, the law provides a mechanism for “persons with related rights and obligations” to participate in the proceedings. So, does arbitration offer a similar mechanism to address such situations?
As we all know, unlike the courts, an Arbitral Tribunal only has jurisdiction over the parties to the dispute – those bound by the arbitration agreement. Therefore, when a third party becomes involved, key questions arise: how will that party’s rights and obligations be addressed? And what will be the scope of the Tribunal’s jurisdiction in such circumstances?
In international arbitration practice, major arbitral institutions such as the ICC, SIAC and HKIAC provide for a Joinder mechanism to deal with such scenarios. However, in Vietnam, the 2010 Law on Commercial Arbitration and the procedural rules of institutions such as VIAC do not yet contain similar provisions. What impact might this have on the resolution of disputes in Vietnam?
Join ADR Vietnam Chambers in exploring these issues through the final study in our Multi-party/Multi-contract Arbitration Series, which also examines another mechanism currently unregulated under Vietnamese law – Concurrent Hearings.
Read the full article here: https://www.academia.edu/144950154/Research_on_Joinder_and_Concurrent_Hearings
