A common question: “At VIAC, when is an emergency arbitrator appointed and what does it cost?” The honest answer, after checking the full text of the VIAC Arbitration Rules 2026 (effective 01/7/2026): VIAC currently has NO emergency arbitrator mechanism. A full-text search for the term returns zero hits; the table of contents contains only Article 29 on the arbitral tribunal interim measures. This is a key difference between VIAC and institutions such as SIAC or HKIAC.
The root cause: the Law on Commercial Arbitration 54/2010/QH12 grants interim-measure powers only to a constituted arbitral tribunal (Article 49). Before the tribunal is constituted — precisely when urgent protection is most needed — the law opens a different route: the courts.
Route 1 — Ask the court for interim measures
Even before the arbitral tribunal is constituted, a party may request the court to order interim measures under Articles 48 and 53 of Law 54/2010. Resolution 01/2014/NQ-HDTP (Article 12) confirms this right arises right after filing the statement of claim with the arbitration institution.
- Not a waiver of the arbitration agreement: requesting court-ordered interim measures is not deemed a waiver (Article 48.2 of Law 54/2010; Article 29.4 of the VIAC Rules 2026);
- Court fee: VND 800,000 under Resolution 326/2016/UBTVQH14;
- Jurisdiction: the regional People Court (following Law 81/2025 amending Article 7.3).
Route 2 — The arbitral tribunal after constitution
Once constituted, the tribunal may order interim measures under Article 49 of Law 54/2010 and Article 29 of the VIAC Rules 2026 (six measures). Two points to note:
- The tribunal may require the requesting party to provide financial security (Article 49.4) — the amount is decided case by case, with no fixed scale;
- The “single-door” principle: once a party has asked the court, the tribunal must refuse that party request, and vice versa (Articles 49.3 and 53.5).
Reference comparison: SIAC and HKIAC
For comparison only (not implying VIAC has an equivalent): at SIAC, an emergency arbitrator is appointed within 1 day and decides within 14 days, with costs comprising an S$5,000 administration fee, an S$30,000 deposit and a fixed S$25,000 fee. At HKIAC, the applicant must post a deposit of HK$250,000. Do not confuse VIAC Vietnam (viac.vn) with VIAC Vienna (viac.eu) — the Vienna EUR fee schedule is irrelevant.
Practical recommendation
With no emergency arbitrator mechanism, parties should agree in advance in their arbitration clause on the number of arbitrators and the appointment mechanism, to minimise the “gap” between the dispute arising and the tribunal being constituted and able to grant interim relief. In practice this gap is often lengthy (an expert estimate, not a statutory rule).
Frequently asked questions
Q: Can I ask the court for interim measures while the case is pending at VIAC?
A: Yes. Articles 48 and 53 of Law 54/2010 allow it, and it is not deemed a waiver of the arbitration agreement.
Q: Does VIAC plan to add an emergency arbitrator mechanism?
A: As of 14/10/2026 there is no official statement — do not speculate.
Q: Can I ask both the court and the tribunal for interim measures?
A: No. The “single-door” principle (Articles 49.3 and 53.5 of Law 54/2010) allows only one route at a time.
Sources
- Law on Commercial Arbitration 54/2010/QH12 (Articles 48, 49, 53);
- VIAC Arbitration Rules 2026 (Articles 29, 29.4) — effective 01/7/2026;
- Resolution 01/2014/NQ-HDTP (Article 12);
- Resolution 326/2016/UBTVQH14 (VND 800,000 fee);
- Law 81/2025 (amending Article 7.3 on court jurisdiction).
Legal information verified as of the drafting date (14/10/2026). Laws may be amended — check their current validity before applying.
Need an arbitration clause that accounts for urgent protection? Contact FLAT Law Firm for advice.
Transparency note: This article was quality-reviewed by the FLAW AI Legal Council, not by a human lawyer, and does not constitute legal advice for your specific matter.