A client recently asked us which arbitrator they should nominate for an upcoming VIAC dispute. Their instinct was to pick a well-known name from the panel list and move on. That instinct is understandable — but it is rarely enough.

The arbitrator you select shapes every stage of your case: how efficiently it runs, how procedural disputes are resolved, and ultimately how the award is reasoned. Getting this decision right requires both an understanding of the formal process and a clear-eyed assessment of each candidate.

How arbitrator selection works at VIAC

Under the VIAC Rules on Arbitration, parties choose between two tribunal structures: a sole arbitrator or a three-member panel. If the parties have not agreed on the composition in their arbitration clause, the default is a three-member tribunal.

Three-member tribunal

The appointment sequence for a three-member panel is as follows:

(1) The Claimant files the Request for Arbitration (RFA) and names its nominated arbitrator in the RFA.

(2) Within 10 days, VIAC issues a notice of commencement to the Respondent.

(3) The Respondent submits a Statement of Defence (SOD) within 30 days, naming its nominated arbitrator. If the Respondent fails to nominate within this window, VIAC appoints on the Respondent's behalf.

(4) Once both party-nominated arbitrators receive their notifications, they have 15 days to jointly select the Presiding Arbitrator.

Either party may also delegate its nomination to VIAC. If a party makes this request, VIAC appoints within 7 days. Where there are multiple claimants or respondents on one side, those parties must jointly agree on a single nomination.1

Sole arbitrator

Within 30 days of the notice of commencement, the parties must jointly agree on a sole arbitrator. They may also delegate this appointment to VIAC.

The VIAC Rules do not prescribe a specific method for joint selection. Common approaches include naming the arbitrator directly in the arbitration clause, the Claimant proposing a name in the RFA with the Respondent confirming in the SOD, or both parties submitting a signed joint letter of nomination.

Whichever method is used, the requirement is clear: the agreement must be unequivocal and mutual.2

Parties may agree to customised appointment procedures — provided these do not conflict with the mandatory provisions of the VIAC Rules or applicable law.

Who qualifies to serve as a VIAC arbitrator

A nomination alone is not sufficient. A nominee must meet the legal qualifications set out in Vietnam's Law on Commercial Arbitration (LCA), the VIAC Rules, and the requirements of the VIAC Arbitrator Statement.

Nominees who do not satisfy these requirements are disqualified from the proceedings, and a replacement must be appointed under the applicable rules.

Practical considerations before you nominate

Formal eligibility is the floor, not the ceiling. Before finalising any nomination, parties should compile a shortlist and conduct proper due diligence on each candidate. The following four factors consistently distinguish effective arbitrators from merely qualified ones.

Subject matter expertise — An arbitrator who knows the legal and commercial context of the dispute is better placed to apply the right law and produce a reasoned award. In niche areas — cryptocurrency, AI, emerging tech — where Vietnamese law is underdeveloped, look for candidates with both legal proficiency and genuine sector knowledge.

VIAC-specific experience — Familiarity with the VIAC Rules matters less than the ability to manage what those rules do not address. Look for candidates who have presided over VIAC cases — the Presiding Arbitrator carries primary responsibility for procedural decisions and bears the most influence on how the tribunal runs.

Availability and case management — A heavy caseload is a warning sign. Check whether the candidate has capacity to give your matter genuine attention. For in-person hearings, confirm willingness to travel. An arbitrator affiliated with a reputable firm is more likely to have qualified support staff to assist with preparation.

Affiliations and personal values — Arbitrators bring personal perspectives to every dispute. Nationality, professional history, and institutional affiliations can all influence interpretation, even unconsciously. A common protection is requiring each arbitrator — and particularly the presiding arbitrator — to hold a different nationality from the parties and from each other.

Can you interview potential arbitrators?

Vietnamese law and the VIAC Rules permit parties to contact and interview candidates before making a nomination. However, the scope of these conversations is strictly limited.

Do not ask candidates for their view on the merits of the dispute. This crosses into territory that can compromise the arbitrator's duty of neutrality and lead to disqualification.

Appropriate interview topics include the candidate's professional background, experience with VIAC arbitration, and availability to take on the matter. Limit the conversation to these areas and document it.

What this means in practice

Selecting the right arbitrator is one of the most consequential decisions in any VIAC proceeding. Parties who treat it as a formality — choosing whoever is available or whoever looks most distinguished on paper — frequently encounter problems that could have been avoided.

A structured approach pays off: identify the nature of the dispute first, build a shortlist based on the four factors above, conduct interviews within the permitted scope, and verify formal qualifications before finalising the nomination.

For disputes in sensitive or technically complex areas, consider seeking legal advice before submitting your RFA — the time spent on arbitrator selection before the proceedings begin is far less costly than managing a procedural dispute mid-case.

For advice on VIAC proceedings or dispute resolution strategy in Vietnam, contact Dilinh Legal: contact@dilinh.com · +84 (28) 73000864 · dilinh.com

1 Articles 7.2(e), 9.1(d), 12 of the VIAC Rules on Arbitration.

2 Article 13 of the VIAC Rules on Arbitration.

This article is for general information only and does not constitute legal advice. For further information, please contact Dilinh Legal at contact@dilinh.com | +84 (28) 73000864 | dilinh.com