Evidence is one of the core issue in arbitration, enshrined in key instruments such as the UNCITRAL Model Law on International Commercial Arbitration and the rules of leading arbitral institutions like SIAC and HKIAC. In Vietnam, however, the 2010 Law on Commercial Arbitration and the procedural rules of domestic arbitral institutions still lack detailed provisions on how arbitral tribunals should assess evidence. The current framework only recognises the tribunal’s authority to collect evidence (Article 46 of the 2010 Law on Commercial Arbitration and Article 19 of the VIAC Rules), but does not clearly empower tribunals or provide standards for evaluating the evidence obtained.
This gap has led to practical challenges in arbitral proceedings, where tribunals often face limitations or uncertainties in handling evidence, resulting in risks to the enforceability of arbitral awards.
To address this, ADR Vietnam Chambers has analysed and compared international standards (IBA Rules, Prague Rules, CIETAC Guidelines, among others) and proposed recommendations to enhance the effectiveness of evidence assessment by arbitral tribunals in Vietnam. We believe that such reforms are essential not only to ensure fairness and efficiency of arbitral proceedings, but also to strengthen business confidence in arbitration as a dispute resolution mechanism and to minimise the risk of arbitral awards being set aside in evidence-related cases.
ADR Vietnam Chambers warmly welcomes comments, insights, and contributions from arbitrators, practitioners, scholars, and the arbitration community to further refine the recommendations of this study.
Read the full research here.
