Resolution No. 01/2014/NQ-HDTP

On March 20, 2014, the Council of Judges of the Supreme People’s Court issued Resolution No. 01/2014/NQ-HDTP providing guidance on the implementation of certain provisions of the Law on Commercial Arbitration 2010. 

According to this Resolution, even where the parties have entered into an arbitration agreement, the Court is still entitled to accept and resolve the dispute in the following circumstances: 

• The arbitration center designated in the parties’ agreement has ceased its operation; 
• The arbitrator selected by the parties in an ad hoc arbitration is unable to participate in the dispute resolution; 
• The selected arbitrator refuses to resolve the dispute and the parties have not agreed on a substitute; 
• The parties have agreed on procedural rules different from those of the designated arbitration center, and the center does not permit the application of the alternative rules. 

For cases (1) to (4), the Court may only proceed if the parties fail to reach an alternative agreement. 

In addition, the Resolution provides that the Court shall have jurisdiction where the consumer does not consent to arbitration as prescribed in Article 17 of the Law on Commercial Arbitration, without the need to satisfy the above additional condition. 

This Resolution took effect on July 2, 2014.