On the morning of June 3, chaired by Politburo member and National Assembly Chairman Tran Thanh Man, the National Assembly Standing Committee opened its 46th session.
After the opening, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien presented a report on the reception, explanation, and revision of the Draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts (TAND).
Proposal not to establish a court to overturn arbitration decisions in some regional courts
The draft Law amending and supplementing a number of articles of the Law on Organization of the People's Court has proposed adjusting the authority to try and request the cancellation of arbitration judgments, from the current provincial People's Court to a new level, the regional People's Court.
Regarding this issue, many National Assembly deputies proposed to maintain the authority to resolve the request to cancel the judgment of the Commercial Arbitration of the Provincial People's Court.
Presenting the reception report and explanation, Deputy Chief Justice of the Supreme People's Court Nguyen Quoc Doan said that the transfer of the entire authority to settle the request to cancel the arbitral award to the regional People's Court is to institutionalize the Party's policy on strengthening the assignment, decentralization and assigning rights to the establishment.
In addition, the Regional People's Court is a newly established Court level with the scale, authority, quantity and quality of Judges who meet the newly assigned functions and tasks.
However, to enhance the specialization in handling requests for judgment cancellation, the Supreme People's Court will arrange a number of Judges with in-depth training and sufficient capacity to handle these cases, meeting the requirements of practice and international integration in the judiciary.
At the same time, the Supreme People's Court revised the draft Law in the direction of assigning authority to consider canceling arbitration decisions, registering arbitration decisions to the Economic Court under 1 regional court in Hanoi, 1 regional court in Da Nang City and 1 regional court in Ho Chi Minh City.
Regarding the proposal to establish a court to cancel arbitration decisions in some regional courts - the Supreme People's Court proposed "not to establish".
According to the Supreme People's Court, the consideration of canceling arbitration decisions is not the most complicated matter compared to other disputes and requirements on commercial business. The number of cases requiring the revocation of arbitration decisions that the Courts must resolve annually is not large and is mainly concentrated in large provinces and cities.
In addition, the establishment of additional specialized courts in the field of arbitration at some regional courts will create new organizational structures, so there needs to be a thorough and cautious assessment and summary of practice.
Continue to consider for suitability
Regarding the contents of the jurisdiction, the jurisdiction is required to cancel the arbitral award, the Chairman of the Legal and Judicial Committee (UBCLTP) Hoang Thanh Tung said that the Standing Committee of the PLTP still has 2 opinions.
The first opinion said that the draft law stipulating the assignment of the People's Court of the competent area to cancel the arbitral award is in line with the policy of promoting decentralization and decentralization in the People's Court.
At the same time, the draft Law has been revised more cautiously, only assigning this authority to the Economic Court under the 3 Regional People's Courts in 3 major cities to ensure specialization, and the Supreme People's Court focuses resources to ensure good performance of tasks...
The second opinion believes that, unlike the usual judicial process, the decision to cancel the referee's verdict is a special decision of the court, effective immediately, without appeal or appeal according to the appeal, director's review and re-examination procedures.
In case the Court made a mistake in the decision to cancel the referee's verdict, there will be no remedial mechanism, which can negatively impact the investment and business environment, business confidence, national competitiveness, etc.
In addition, referring to foreign experience shows that most countries regulate that high or intermediate courts have the authority to overturn arbitration decisions.
Therefore, to ensure caution and meet practical requirements, this opinion suggests still maintaining the provisions of the Law on Commercial Arbitration on the Provincial People's Court with the authority to overturn the arbitration award and only assigning the Hanoi People's Court, Da Nang People's Court and Ho Chi Minh City People's Court to exercise this authority.
This regulation also does not lead to the Supreme People's Court being pushed up because the decision to cancel the referee's verdict is a court decision, effective immediately, without appeal or challenge.
