Urgent Interim Measures in Arbitration

Commercial arbitration in Vietnam

Winning the case but the disputed assets have already been dissipated or transferred to someone else — that is every claimant’s nightmare. In arbitration proceedings, Vietnamese law gives the parties a tool to prevent this risk: urgent interim measures. This article comprehensively analyses the urgent interim measure mechanism in arbitration proceedings under the Law on Commercial Arbitration 2010 — from the Arbitral Tribunal’s authority (Articles 48–52), the Court’s support role (Article 53), to the practice of requesting and enforcement. Note: this article does not address urgent interim measures in Court proceedings under the Civil Procedure Code — that is a separate institution with different subjects, procedures and logic.

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What are urgent interim measures in arbitration?

Urgent interim measures are measures applied by the Arbitral Tribunal or the Court during arbitration proceedings to preserve the disputed assets, prevent acts of asset dissipation or acts adversely affecting the proceedings — in figurative terms, this is a temporary "freezing order" so that the status quo is not changed while the dispute is being resolved.

Article 48 of the Law on Commercial Arbitration 2010 provides that the disputing parties have the right to request the Arbitral Tribunal or the Court to apply urgent interim measures, except where the parties agree otherwise. A noteworthy point in clause 2: requesting the Court to apply measures is not regarded as rejecting the arbitration agreement or waiving the right to settle the dispute by arbitration.

Who has the right to request, and from whom?

Under Article 48, the right to request belongs to "the disputing parties" — both the claimant and the respondent may be the requesting party, provided they prove the necessity. There are two recipients of the request: the Arbitral Tribunal and the competent Court. These two channels exist in parallel but must not be used simultaneously for the same request.

The choice of channel depends on the timing and the nature of the measure: when the Arbitral Tribunal has been constituted, requesting the Arbitral Tribunal is usually faster and simpler; when the Tribunal has not yet been constituted, or the measure exceeds the Tribunal’s authority (for example, it involves a third party), the Court is the appropriate address.

Six measures the Arbitral Tribunal may apply

Clause 2, Article 49 fully lists the urgent interim measures within the Arbitral Tribunal’s authority. At the request of one of the parties, the Arbitral Tribunal may apply one or several of the following measures to the disputing parties: prohibiting changes to the status quo of the disputed assets; prohibiting or compelling any disputing party to perform one or several specific acts in order to prevent acts adversely affecting the arbitration proceedings; distraining the disputed assets; requiring the preservation, storage, sale or disposition of any asset of one or the disputing parties; requiring interim payment of money between the parties; and prohibiting the transfer of rights over assets for the disputed assets.

This list shows the Arbitral Tribunal is given quite broad tools — from purely asset-preservation measures to measures intervening more deeply in the relationship between the parties. However, there is an important limit: these measures are only applied "to the disputing parties" — the Arbitral Tribunal has no authority to impose measures on third parties not participating in the arbitration proceedings.

Conditions for application, the security obligation and liability for an improper request

The law sets two "safety valves" because this measure intervenes directly in the property rights of the party subject to it even when the dispute has not been tried on its merits. First, the requesting party must prove necessity: the request must clearly state the reasons and be accompanied by proving evidence (Article 50).

Second, before applying, the Arbitral Tribunal may compel the requesting party to perform a financial security obligation (clause 4, Article 49): depositing a sum of money, precious metals, precious stones or valuable papers determined by the Arbitral Tribunal — corresponding to the value of damage that may arise from an improper application of the measure — into a blocked account at a bank decided by the Arbitral Tribunal (clause 3, Article 50).

Accompanying the right to request is strict liability: the requesting party must bear responsibility for its request; where the request is improper and causes damage to the other party or a third party, it must compensate (Article 52). If the Arbitral Tribunal applies a different measure or exceeds the request and causes damage, the damaged person may sue at the Court requesting compensation (clause 5, Article 49). The message is clear: this is a powerful tool, and businesses need to carefully consider the justification of the request before filing.

Procedures for requesting, changing, supplementing and cancelling the Tribunal’s measures

The requesting party must make a request to the Arbitral Tribunal with the main contents under clause 2, Article 50: the date of the request; the names and addresses of the requesting party and the party requested against; a summary of the dispute contents; the reasons the measure needs to be applied; the measure to be applied and the specific requests — accompanied by evidence proving the necessity. Within 03 working days from the date of receiving the request — immediately after the requesting party has performed the financial security measure — the Arbitral Tribunal considers issuing a decision to apply; where it does not accept, it notifies in writing and clearly states the reasons (clause 4, Article 50).

The measure is "interim" in nature so it may be adjusted: under Article 51, at the request of a party, the Arbitral Tribunal may change, supplement or cancel the measure at any time during the dispute resolution process (the change and supplementation procedures follow Article 50). The Tribunal cancels a measure applied when: the requesting party proposes cancellation; the party obliged to enforce has deposited assets or another person secures the performance of the obligation; or the obligation of the obliged party has terminated in accordance with the law. When cancelling, the Tribunal considers letting the requesting party receive back the security assets — except where compensation is due for damage caused by an improper request; the cancellation decision must be sent immediately to the parties and the Civil Judgment Enforcement Agency.

The Court supports arbitration in applying urgent interim measures

Alongside the Arbitral Tribunal, the Court plays an important support role. Article 53 provides: after filing the statement of claim, if lawful rights and interests are infringed or at direct risk of infringement, a party may make a request to the competent Court asking for the application of urgent interim measures. Under point d, clause 2 and clause 3, Article 7 (amended by Law No. 81/2025/QH15, effective 01/7/2025), the competent Court is the regional People’s Court where the measure needs to be applied.

On procedure: within 03 working days from the date of receiving the request, the Chief Justice assigns a Judge; within 03 working days from the date of assignment, the Judge must decide to apply or not apply — and must issue the application decision immediately after the requesting party performs the security measure. The Court’s sequence and procedures follow the Civil Procedure Code (clause 4, Article 53).

The "one-door" principle is tightly regulated on both sides: if the Court was requested first, the Arbitral Tribunal must refuse the later request (clause 3, Article 49); if the Arbitral Tribunal was requested first, the Court must refuse and return the request (clause 5, Article 53) — except where the request does not fall within the Arbitral Tribunal’s authority. This exception is precisely the reason the Court channel exists: measures exceeding the Tribunal’s authority (for example, involving third parties) can only be applied by the Court.

Enforcement of decisions, delimitation from court proceedings and practical strategy

The Arbitral Tribunal’s decision is not self-enforcing — clause 5, Article 50 provides that enforcement follows the law on civil judgment enforcement, through the provincial Civil Judgment Enforcement Agency where the measure needs to be applied (clause 2, Article 8). Therefore, right from preparing the request, the business should simultaneously prepare the enforcement plan: where the assets are, whether the asset information is sufficient, and which judgment enforcement agency has authority.

A clear delimitation is needed: the urgent interim measures in this article are measures applied within the framework of arbitration proceedings — applied by the Arbitral Tribunal under Articles 48–52, or by the Court to support arbitration proceedings under Article 53. Different from that, urgent interim measures in Court proceedings (when a dispute is resolved through the court channel under the Civil Procedure Code) are a separate institution: applied by the Judge/Presiding Judge in civil and commercial cases accepted by the Court, with the list of measures, conditions and procedures under the Civil Procedure Code. These two institutions should not be confused, despite their similar names.

On practical strategy, a business should: request as early as possible — ideally right when filing the arbitration statement of claim, while simultaneously preparing a plan to ask the Court for support during the stage when the Arbitral Tribunal has not yet been constituted; prepare truly convincing evidence of the "risk" (signs of asset dissipation, unusual transactions); reserve financial resources for the security obligation; and absolutely not file in parallel through both channels for the same request.

Frequently asked questions

FLAT LAW FIRM — Urgent handling of arbitration situations

FLAT LAW FIRM is a boutique business law firm specialising in foreign investment (FDI) and cross-border transactions. When disputed assets are at risk of dissipation, we support businesses in assessing the urgency, preparing the request and evidence, working with the Arbitral Tribunal or the Court to apply urgent interim measures in time, and simultaneously building a plan to enforce the decision in practice. Contact us at contact us for advice on your business’s specific case.

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Useful links

Dispute resolution by arbitration Should arbitration or the Court be chosen for a commercial dispute Enforcing arbitral awards in Vietnam Checklist for preparing an arbitration dossier

General information

The article’s content is only general information about Vietnam’s commercial arbitration law at the time of posting, not legal advice for any specific case. Legal regulations and their application in practice may change; you should consult a lawyer before making a decision or carrying out a transaction.

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