Short answer: Vietnamese arbitration proceedings have no “confrontation” procedure in the sense of Article 100 of the 2015 Civil Procedure Code. Many businesses are used to courts ordering parties to “confront” each other directly at trial, so entering arbitration often brings confusion: who may bring witnesses, who may question them, and what happens if a witness does not show up? Arbitration has equivalent but more flexible mechanisms — written witness statements filed before the hearing, presentation and questioning (examination) conducted by the arbitral tribunal at the hearing, and examination of tribunal-appointed experts. This article walks through the full process under the 2010 Law on Commercial Arbitration and the VIAC Arbitration Rules 2026 (effective 01/7/2026, replacing the 2017 Rules).
1. Confrontation at court vs. in arbitration: what differs?
In court litigation, Article 100 of the 2015 Civil Procedure Code provides for confrontation: when statements of litigants or witnesses contradict each other, the judge may conduct a confrontation to clarify. This is a court-driven procedure backed by state coercive power.
Arbitration law uses no such term and provides no identically named procedure. The equivalent mechanisms operate on three levels:
- (i) Written witness statements filed by the parties before the hearing — a widespread practical convention, not a detailed requirement of the VIAC Rules 2026;
- (ii) Presentation and questioning (examination) conducted by the arbitral tribunal directly at the hearing — the functional equivalent of cross-examination;
- (iii) Examination of tribunal-appointed experts under Article 27.5 of the VIAC Rules 2026 — used when the tribunal needs independent technical input.
The core difference: arbitration runs on the principles of party autonomy and agreement, with no coercive power comparable to courts. The entire “force” of the witness mechanism in arbitration therefore depends on the parties preparation and the tribunals case management.
2. Who may invite and who may summon witnesses?
The law distinguishes two channels:
- Parties may invite their own witnesses — but must notify the arbitral tribunal before the hearing date under Article 30.4 of the VIAC Rules 2026. Miss this notification step and the tribunal may refuse to hear the witness;
- The arbitral tribunal summons witnesses at the request of one or more parties, when it deems necessary — Article 28.1 of the VIAC Rules 2026 and Article 47 of the Law on Commercial Arbitration. Key point: the tribunal summons only upon request, not on its own initiative where no party asks.
Costs of summoning witnesses are borne by the requesting party or allocated by the tribunal (Art. 28.1, VIAC Rules 2026). Businesses should budget for this when requesting multiple witnesses.
In parallel, Article 46 of the Law on Commercial Arbitration gives the tribunal evidence-gathering authority at the request of one or more parties; where it cannot collect evidence itself, it may request court assistance (Art. 46.5, 46.6) — detailed in Article 26 of the VIAC Rules 2026.
3. How does examination at the hearing work?
The VIAC Rules 2026 do not impose a rigid examination script for every case — the questioning sequence (who asks first, how re-examination runs) is decided by the tribunal absent party agreement. The framework principles:
- The tribunal conducts the entire examination. The party calling the witness presents first, then the opposing party may examine the other sides witness;
- The tribunal may limit questions that are irrelevant, repetitive, or insulting to the witness;
- Arbitral hearings are not public unless the parties agree otherwise (Art. 30.3); hearings may be held in person, online, or combined (Art. 30.1) — distant witnesses can be examined remotely.
For tribunal-appointed experts, Article 27.5 of the VIAC Rules 2026 allows the parties to examine the expert at the hearing — an important tool in technical, construction, and valuation disputes.
4. What if the witness does not appear?
This is arbitrations structural weakness: the tribunal has no coercive power to compel attendance. When a duly summoned witness fails to appear, the law gives the tribunal two routes:
- (a) Request the court to issue a summoning decision. Strict conditions under Article 47.2 and 47.3 of the Law on Commercial Arbitration: the witness was duly summoned but failed to appear, has no legitimate reason, and thereby obstructs dispute resolution. Article 11 of Resolution 01/2014/NQ-HDTP details the court-assistance conditions and the required contents of the request — the dispute summary, the witness name and address, the reasons, and the expected time and venue. Note: following the amendments by Law 81/2025/QH15, general jurisdiction of regional peoples courts has changed — check the latest guidance rather than assuming the court level;
- (b) Adjourn the hearing or decide on the existing file and evidence under Article 28.3 of the VIAC Rules 2026.
Practical tip: the court-assistance route is usually time-consuming, and no published precedent confirms how effectively a court summoning decision works in support of arbitration. The wiser strategy is to prioritize voluntary witnesses and prepare in advance a notarized or certified written statement — a lifeboat letting the tribunal still assess the evidence if the witness is absent.
5. Evidentiary value of witness testimony
Witness testimony is one source of evidence; the tribunal assesses it independently alongside documents and other evidence — there is no rigid hierarchy among evidence types. In practice, however:
- Testimony that has survived questioning at the hearing carries far more persuasive weight than a one-sided written statement never tested;
- For witnesses with an interest in one party (typically employees of a disputing party), the tribunal will weigh objectivity — so corroborate with independent documentary evidence rather than relying on “in-house” witnesses alone.
6. Three things to do when you want to use witnesses in arbitration
- Notify the tribunal before the hearing date of the witnesses you invite (Art. 30.4, VIAC Rules 2026) — do not bring a witness to the hearing unannounced;
- Prepare the written witness statement early, notarized or certified — both as a pre-hearing filing and as a fallback if the witness is absent;
- Plan for absence: identify high-risk witnesses in advance and be ready to request tribunal summoning or court assistance under Article 47 — do not wait until the hearing is adjourned.
7. Note on ad hoc arbitration
For ad hoc arbitration, Vietnamese law does not detail witness procedures — the parties agree themselves (in practice often referencing the UNCITRAL Rules or the IBA Rules on the Taking of Evidence as guidance, not as Vietnamese law). Absent agreement, the tribunal decides the appropriate procedure. When drafting an ad hoc arbitration clause, agree the witness and examination mechanics upfront.
FAQs
Can arbitration “confront” two witnesses with each other like a court?
Vietnamese arbitration law has no “confrontation” procedure in the Article 100 Civil Procedure Code sense. The tribunal may have witnesses present and allow cross-examination by the parties, but that is tribunal-conducted questioning, not court-style confrontation.
Can my companys employees serve as witnesses?
Yes. The law does not prohibit it. The tribunal will however weigh objectivity given the interest relationship, so reinforce with independent documentary evidence.
Can a witness be forced to attend an arbitration hearing?
Arbitration has no coercive power. If a duly summoned witness fails to appear without legitimate reason and obstructs proceedings, the tribunal may request the court to issue a summoning decision (Art. 47, Art. 11 of Resolution 01/2014) or adjourn/decide on the existing file.
May the VIAC Rules 2017 still be used for new cases?
Not advisable. The VIAC Arbitration Rules 2026 took effect 01/7/2026 and replaced the 2017 Rules — this article cites the 2026 Rules.
Legal sources
- Law on Commercial Arbitration 2010 (54/2010/QH12; Art. 7.3 amended by Law 81/2025/QH15): Art. 46 (tribunal evidence-gathering authority), Art. 47 (summoning witnesses).
- Resolution 01/2014/NQ-HDTP: Art. 11 (guidance on Arts. 46, 47 — court-assistance conditions).
- VIAC Arbitration Rules 2026 (effective 01/7/2026, replacing the 2017 Rules): Art. 26 (evidence gathering), Art. 27.5 (examination of tribunal-appointed experts), Art. 28 (summoning witnesses), Art. 30.1/30.3/30.4 (hearing format, non-public nature, witness notification).
- 2015 Civil Procedure Code: Arts. 99, 100 — for distinction only, not applicable to arbitration.
Is your business heading into arbitration and needs to prepare witnesses and experts for the hearing? Reach us via the Contact page of FLAT Law Firm for advice on evidence strategy and arbitration representation.
The legal content of this article is reviewed by the FLAW AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.