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Disputes and Arbitration

Preparing for a VIAC Arbitration Hearing: Full Checklist

6 min readFLAT LAW FIRM
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The hearing is the decisive moment of an arbitration: after months of written exchanges, the parties first face the tribunal directly. Well prepared, a one-day hearing can turn a case around; poorly prepared, the sharpest written arguments can crumble under unexpected questions.

This is a comprehensive checklist for companies and counsel preparing for hearings at VIAC — the Vietnam International Arbitration Centre.

Table of contents

1. Understanding the hearing

The hearing is not for "retelling" the whole case — the tribunal has read the file. Its purposes:

  • Clarify remaining evidential disputes;
  • Examine each side's witnesses and experts;
  • Give each party a direct opportunity to present key arguments and answer the tribunal's questions.

Under the Commercial Arbitration Law 2010, the tribunal may decide on documents without a hearing — if the parties agree or deem it unnecessary. But for complex cases, parties should proactively request a hearing.

2. Documents: the paper arsenal

The hearing file:

  1. Written submissions filed — tabbed for reference;
  2. Evidence uniformly numbered with a detailed index, plus translations (if differing from the arbitral language);
  3. Cross-reference table: each claim/defense ↔ supporting evidence — helping the tribunal follow;
  4. Chronology of disputed events — especially useful in multi-year cases;
  5. Powers of attorney for counsel attending;
  6. Backup printouts + electronic copies of everything.

Principle: every document cited at the hearing must have been duly filed and received by the other side — "surprise evidence" at the hearing is usually rejected.

3. Advocacy: opening, presentation, closing

  • Opening statement: concise (typically 15–30 minutes), telling the case's "story", the 3–5 key points for the tribunal to remember, and what witnesses/experts will prove. Not a re-reading of the written submissions.
  • In-hearing presentation: follow the tribunal's hearing timetable; each point paired with specific evidence ("as shown in exhibit no….").
  • Closing: summarize why the claims stand, mapped against what happened at the hearing — especially points where the other side slipped during examination.

Prepare answers to the toughest questions the tribunal might ask — a case's weak point doesn't disappear by not mentioning it.

4. Witnesses: whom to bring, how to prepare

  • Whom: witnesses who directly observed events (negotiators, signatories, supervisors) — not senior executives brought "for show" who know no details.
  • Preparation: re-review all documents behind the testimony; rehearse examination (both direct and the other side's cross); instruct witnesses to answer only the question asked, not to speculate or argue with opposing counsel.
  • Written witness statements should be prepared and filed per procedure — at the hearing, witnesses confirm and answer examination.

Note: absent witnesses face no "penalty", but unexamined testimony loses significant evidential weight.

5. Expert witnesses

In technical, financial, or construction cases — independent experts often decide outcomes:

  • Choose experts with independent reputation — "hired guns" who say whatever the paying side wants are discounted by tribunals;
  • Expert reports must be filed beforehand per procedure; the other side may cross-examine;
  • Prepare the expert's short, plain presentation — tribunals are lawyers, not engineers.

6. Language and interpretation

  • Agree upfront: hearing language, testimony language, which evidence translations prevail;
  • Engage legally-trained interpreters — one mistranslated term can distort testimony;
  • Agree who bears interpretation costs (or shares them);
  • For Vietnam–China cases: consider bilingual hearings with booth interpretation for heavy examination loads.

7. Hearing logistics

Logistics checklist:

  1. ☐ Confirm time, venue, format (in-person/virtual/hybrid)
  2. ☐ Own attendee list (notify VIAC and the other side)
  3. ☐ Presentation equipment, computers, backup connectivity
  4. ☐ Interpreters + equipment (if needed)
  5. ☐ Printed files for the tribunal (per required quantities)
  6. ☐ Travel/accommodation plans for distant witnesses

8. Conduct at the hearing

  • Absolute punctuality; formal attire;
  • Proper address to the tribunal and the other side — fierce on arguments, never personal;
  • Don't interrupt the other side's presentation or the tribunal's questions;
  • All contact with own witnesses during breaks must be transparent — avoid any "coaching" suspicion.

9. After the hearing

  • File a post-hearing brief if permitted — summarizing points clarified at the hearing;
  • Track the tribunal's award deadline;
  • Prepare enforcement plans (voluntary or recognition/enforcement proceedings).

In principle, don't count on post-hearing evidence supplementation — admitted only in special cases at the tribunal's discretion.

10. Five common mistakes

  1. Re-reading written submissions instead of focused advocacy — the tribunal has read the file;
  2. Key witnesses absent — losing direct proof opportunities;
  3. Fighting over language/procedure at the hearing — matters to settle beforehand;
  4. Running out of time — poor allocation, the most important arguments never presented;
  5. Unprepared for tough questions — weaknesses exploited by the other side and the tribunal.

11. FAQs

Is a VIAC arbitration hearing mandatory? Not in every case. Under the Commercial Arbitration Law 2010, the tribunal may decide disputes on documents alone if the parties agree or deem no hearing necessary. But in complex cases with evidence disputes or witness examination needs, an in-person hearing is decisive — parties should proactively request one rather than defaulting to documents-only proceedings.

What documents are needed for the hearing? Minimum file: (1) filed written submissions, marked for reference; (2) uniformly numbered, indexed evidence with translations (if differing from the arbitral language); (3) a claim-to-evidence cross-reference table; (4) planned questions for own and opposing witnesses; (5) draft opening and closing statements; (6) powers of attorney for counsel attending the hearing.

Must witnesses attend the VIAC hearing in person? Arbitration law does not compel witness attendance — the tribunal assesses testimonial weight. But an absent witness cannot be directly examined by the other side and the tribunal, significantly reducing evidential weight. Best practice: bring key witnesses and thoroughly prepare examination.

How is the hearing language determined? Parties agree the arbitral language; failing agreement, the tribunal decides. With different languages in play, arrange interpretation and agree upfront on: testimony language, which evidence translations prevail, and who bears interpretation costs. Fighting over language at the hearing wastes time and credibility.

How long does a VIAC hearing usually last? Depends on complexity: simple cases may take 1 day; complex cases with many witnesses and experts can run several days. The tribunal sets a detailed hearing timetable — each side must strictly keep its allocated time, as running over directly harms its own advocacy opportunity.

Can parties submit additional evidence after the hearing? In principle, post-hearing evidence is admitted only in special cases at the tribunal's discretion (e.g., decisive newly discovered evidence previously unavailable). Don't count on supplementation — the right strategy is thorough pre-hearing preparation.

12. When to work with counsel

The arbitration hearing is a case's "oral exam" — experienced arbitration counsel helps: build hearing strategy, prepare and rehearse witness examination, draft opening/closing, and handle live developments. Engage counsel from the file-preparation stage, not days before the hearing as a "firefighter".

For VIAC hearing preparation and representation, contact FLAT Law Firm — hotline 0988424851.

References

  1. Commercial Arbitration Law No. 54/2010/QH12 (effective 01/7/2011).
  2. VIAC Arbitration Rules (current text — check the latest version when applying).