The National Assembly Standing Committee gave opinions on the reception, explanation and revision of the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts.
Presenting the Report on receiving, explaining and revising the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien said that the Supreme People's Court had received the opinions of National Assembly deputies on 30 issues. Regarding the opinions on the proposal to establish a Court to annul arbitral awards at a number of regional courts; maintaining the authority to resolve requests to annul commercial arbitration awards of provincial-level People's Courts, the Supreme People's Court stated that: The transfer of all authority to resolve requests to annul arbitral awards to regional People's Courts is to institutionalize the Party's policy on strengthening the division of labor, decentralization and delegation of power to the grassroots.
The consideration of annulment of an arbitral award is not a more complicated matter than other commercial disputes and requests. The number of cases requesting annulment of an arbitral award that the Courts have to resolve each year is not large and is mainly concentrated in large provinces and cities.
The establishment of additional specialized courts in the field of arbitration in some regional People's Courts will create new organizational structures, so it is necessary to carefully and cautiously evaluate and summarize the practices.
The Regional People's Court is a newly established court level with a scale, jurisdiction, quantity and quality of judges that meet the newly assigned functions and tasks.
Therefore, the Supreme People's Court proposes not to establish a Court to annul arbitral awards in some regional courts. However, in order to increase specialization in handling requests to annul arbitral awards, the Supreme People's Court will arrange a number of judges with specialized training and sufficient capacity to handle these cases, meeting the requirements of practice and international integration in the judiciary; at the same time, the draft Law will be revised in the direction of assigning the authority to consider annul arbitral awards and register arbitral awards to the Economic Court of 1 regional court in Hanoi, 1 regional court in Da Nang and 1 regional court in Ho Chi Minh City.
Reporting on opinions on receiving, explaining and revising the draft Law, Chairman of the Law and Justice Committee Hoang Thanh Tung said that regarding the regulation on the Court annulling commercial arbitration awards, there were 2 types of opinions in the Standing Committee of the Committee.
The majority of opinions basically agreed with the Supreme People's Court's plan to accept and explain this content and found that the draft Law's provision assigning regional People's Courts the authority to annul arbitration awards is consistent with the policy of promoting decentralization and delegation of power in the People's Court sector, in sync with the re-determination of the authority of the 3-level People's Courts when arranging and streamlining the organizational apparatus.
Some opinions say that, unlike the normal judicial proceedings, the decision to annul an arbitration award has the characteristic of being a general decision, effective immediately, not subject to appeal or protest under the appellate, supervisory or retrial procedures. In case the Court makes a mistake in deciding to annul an arbitration award, there is no mechanism to remedy it, which can negatively impact the investment and business environment, business confidence, and national competitiveness, especially in the context of our State's policy of promoting international integration, expanding investment cooperation and trade exchanges with other countries.
Referring to foreign experience, it is shown that most countries stipulate that high-level or intermediate courts have the authority to annul arbitral awards". On the other hand, according to the Report of the Supreme People's Court, the number of cases requesting annulment of arbitral awards that the Courts have to resolve every year is not much and is mainly concentrated in large cities. Therefore, to ensure prudence and meet practical requirements, this type of opinion suggests keeping the provisions of the Commercial Arbitration Law on provincial-level People's Courts having the authority to annul arbitral awards and only assigning the People's Court of Hanoi City, the People's Court of Da Nang City and the People's Court of Ho Chi Minh City to exercise this authority. This regulation also does not lead to the accumulation of work at the Supreme People's Court because the decision to annul arbitral awards is a final decision, effective immediately, and is not subject to appeal or protest.
Speaking at the meeting, National Assembly Chairman Tran Thanh Man highly appreciated the Supreme People's Court's Report on receiving, explaining and revising the draft Law and the Report on opinions on receiving, explaining and revising the draft Law of the Committee on Law and Justice. The National Assembly Chairman expressed his agreement with the amendment and supplementation of a number of articles of the Law on Organization of Courts to serve the streamlining of the apparatus; at the same time, he noted the need to clarify the provisions on the jurisdiction of regional People's Courts, especially the transitional provisions to ensure that the process of transferring tasks, powers and records takes place smoothly, without affecting the interests of organizations and individuals.
National Assembly Chairman Tran Thanh Man also suggested that attention should be paid to training and guidance on the conditions for appeals to the Supreme Court to protect the legitimate rights and interests of the people, while contributing to summarizing the implementation and development of precedents. In addition, attention should be paid to handling existing assets and facilities; and attention should be paid to investing in modern facilities and equipment after arranging and training the team of judges in localities.
The National Assembly Chairman also requested the Supreme People's Court to closely coordinate with the Judicial Law Committee to review and ensure consistency with other laws being amended by the National Assembly at its 9th session, avoid overlaps and legal gaps, and at the same time create a corridor for the operation of the Court system.
Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh highly appreciated the efforts and urgency of the Supreme People's Court in closely coordinating with the National Assembly's Committee on Law and Justice to fully absorb and thoroughly explain the opinions of National Assembly deputies to revise and perfect the draft Law amending and supplementing a number of articles of the Law on Organization of People's Courts, the draft Resolution on the implementation of this Law, the Law amending and supplementing a number of articles of the Law on Organization of People's Procuracies, procedural laws and other relevant laws.
Vice Chairman of the National Assembly Nguyen Khac Dinh emphasized that the Standing Committee of the National Assembly basically agreed with the proposal of the Supreme People's Court and the opinion of the Standing Committee of the Law and Justice Committee on the reception and revision of the contents of the draft law. The Standing Committee of the National Assembly agreed with the proposal of the regulatory agencies in the draft Law on a number of basic issues of principle and organizational orientation, namely the establishment of a specialized court under the International Financial Center in this Law, while the specific contents will be further studied by the Supreme People's Court, coordinated with the Government, reported to competent authorities and submitted to the National Assembly for later regulations.
Accordingly, in this law, it is proposed to only stipulate the name of this Court as "Specialized Court of the International Finance Center"; adding the task of the Council of Judges of the Supreme People's Court on guiding the application of the principles of the common law system in resolving disputes at the Specialized Court of the International Finance Center.
At the same time, it is recommended that the Supreme People's Court continue to research and clarify the contents of the organization and operation of specialized courts, especially issues related to the provisions of the Constitution, to have a sufficient basis for the National Assembly to consider and prescribe.
The Standing Committee of the National Assembly requested the Supreme People's Court to urgently coordinate with the Standing Committee of the Law and Justice Committee and relevant agencies to continue to carefully study the opinions in the Government's Official Dispatch, absorb, revise and complete the draft law with the best quality to submit to the National Assembly for consideration and approval./.
Hai Lien
Source: https://baochinhphu.vn/hoan-thien-du-thao-luat-sua-doi-bo-sung-mot-so-dieu-cua-luat-to-chuc-toa-an-nhan-dan-trinh-quoc-hoi-xem-xet-thong-qua-10225060315063578.htm
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