By the provisions of the Law on Commercial Arbitration (Article 48), parties involved in a legal dispute have the right to request the Arbitral Tribunal or the Court to apply preliminary injunctive relief measures.  Requesting the Court to apply Preliminary Injunctive Relief Measures shall not be considered a rejection of the arbitration agreement or a waiver of the right to settle the dispute through arbitration.

The preliminary injunctive relief measures stipulated by the Commercial Arbitration Law and the Arbitral Tribunal’s application, modification, and cancellation of these measures according to the provisions of the Law on Commercial Arbitration

While in civil litigation, only the Court is the sole authority empowered to apply preliminary injunctive relief measures, in arbitration proceedings, both the Arbitral Tribunal and the Court have the authority to enforce temporary preliminary injunctive relief measures when the arbitration proceedings commence. In other words, once the arbitrator has received the claim, the parties have the right to request either the arbitrator or the Court to apply temporary preliminary injunctive relief measures.

As both the Court and the Arbitral Tribunal have the authority to apply temporary preliminary injunctive relief measures, there might be instances where a party requests both entities to enforce these measures. To avoid both the Court and the Arbitral Tribunal making decisions on the same temporary preliminary injunctive relief measures, upon receiving the request from the party, both the Court and the Arbitral Tribunal must conduct a thorough examination before deciding on their application.

Jurisdiction of the Arbitration Council Applying Preliminary Injunctive Relief Measures

Preliminary Injunctive Relief Measures are regulated under the Law on Commercial Arbitration(Section 2, Article 49 of the Law on Commercial Arbitration). 

The application of Preliminary Injunctive Relief Measures may aim to meet one or several urgent demands of the disputing parties or to protect evidence, preserve disputed assets, prevent irreparable damage, or ensure the enforcement of judgments. The Law on Commercial Arbitration has stipulated 06 Preliminary Injunctive Relief Measures that the Arbitration Council can directly apply upon request from one of the disputing parties.

Termed as Preliminary Injunctive Relief Measures because they require swift handling, and immediate execution without appeal or objection. However, it’s not the final decision regarding resolving the disputing relationship; it exists for a certain period and can be altered, or annulled through a simple and prompt procedure, either during the proceedings or after the Arbitration Council has completed the trial.

The application of Preliminary Injunctive Relief Measures holds significant importance in timely safeguarding the legitimate rights and interests and the urgent needs of the parties involved, preserving disputed assets, or protecting evidence… This is a very crucial right in the arbitration proceedings of the parties involved that the Arbitration Council must consider and decide to apply when requested by the parties and when presented with evidence demonstrating the justification and necessity of applying Preliminary Injunctive Relief Measures.

Below are the 06 Preliminary Injunctive Relief Measures stipulated in Section 2, Article 49 of the Law on Commercial Arbitration:

Prohibition of altering the status quo of the disputed assets

During the dispute resolution process, the Arbitration Council may apply this urgent measure when meeting all the following conditions: (1) the subject matter for which the party requests the application of Preliminary Injunctive Relief Measures must be the disputed assets; (2) the person in possession or holding the assets, or another person, is altering the status quo of the assets, such as destruction, dismantling, additional construction, or other actions changing the status quo of the assets; (3) the party requesting the application of Preliminary Injunctive Relief Measures has fulfilled the financial security obligation.

The party requesting the application of these Preliminary Injunctive Relief Measures must provide documentation and evidence demonstrating that the party in possession or holding the disputed assets is engaging in actions altering the status quo of the assets. The Arbitration Council or the Judge must review the requests and the grounds presented by the parties to determine whether to apply this urgent measure.

Prohibition or coercion of any disputing party from engaging in certain specific acts to prevent actions negatively affecting the arbitration proceedings

During the arbitration process of resolving disputes, if a party is found to be engaging in actions (acts or omissions) that would adversely affect the arbitration process, the opposing party has the right to request the arbitrator or the Court to apply the prohibition or coercion measure to compel the disputing party to engage in certain specific acts. When a party requests the application of this urgent measure and if it’s found justified, and the party has presented evidence justifying the necessity of applying this urgent measure, the arbitrator or the Court must apply it promptly.

Distraint of disputed assets

Property distraint only applies in cases where the party in possession of the disputed assets engages in actions of dispersal or concealing the disputed assets, creating obstacles in the review and resolution by the Arbitration Council or enforcement of future judgments. Therefore, upon the request of one of the disputing parties, the Arbitration Council or the Court has the right to apply this urgent measure.

The property distraint can be withheld and preserved at the enforcement agency or documented to be handed over to one of the disputing parties or a third party for management until a decision is made by the Arbitration Council or the Court. When documenting the distraint, it must clearly state the date, time, and type of assets and a detailed and accurate description of the condition of the assets. If the agency or the third party entrusted with managing the distraint assets may receive remuneration according to the provisions of the law.

Request to preserve, store, sell, or dispose of any assets of one or more disputing parties

There are assets in dispute or related to the dispute that, if not handled promptly, will deteriorate, lose value, depreciate, or distort the assets. Therefore, upon the request of one of the disputing parties, the Arbitration Council or the Court may apply Preliminary Injunctive Relief Measures regarding the ‘preservation, storage, sale, or disposal of any assets of one or more disputing parties’ if the involved parties have presented documentation and evidence proving the necessity of applying this urgent measure.

Temporary payment requests among the parties

To promptly address the urgent needs of the parties, even when both parties are in dispute over rights and obligations, contracts for the purchase of goods, and services, awaiting the arbitration ruling, upon the request of one of the disputing parties, the Arbitration Council or the Court may apply Preliminary Injunctive Relief Measures regarding payment among the disputing parties when the requesting party has proved that the request for applying this measure is justified and necessary.

Prohibition of transferring property rights regarding the disputed assets

Even though the arbitration process takes place within a relatively shorter time frame compared to litigation in the Court, it still requires a certain duration. Taking advantage of this duration, one of the disputing parties may engage in activities such as selling, transferring, leasing, gifting… the disputed assets, which could threaten to cause harm to other parties involved or create difficulties in resolving the dispute, handling the disputed assets. Therefore, when there is a request from one of the parties involved to apply the urgent measure prohibiting the transfer of property rights regarding the disputed assets, the Arbitration Council or the Court must apply this measure.

The Preliminary Injunctive Relief Measures stipulated in Section 2, Article 49 of the Law on Commercial Arbitration are measures that represent not just a single action, a single entity, a single transfer, or a single act… requiring prevention or enforcement, prohibition of execution. Some Preliminary Injunctive Relief Measures have dual provisions, encompassing multiple contents, and multiple actions that need to be regulated through Preliminary Injunctive Relief Measures. For example, the Preliminary Injunctive Relief Measures stipulated in point b of Section 2, Article 49 of the Law on Commercial Arbitration regulate two contrasting types of behavior: ‘prohibition’ of performing one or several actions or ‘coercion’ to perform one or several actions; whereas the Preliminary Injunctive Relief Measures stipulated in point d of Section 2, Article 49 of the Law on Commercial Arbitration regulate a wide range of various activities: activities related to preservation, activities related to storage, transactional activities: sale, determination of… Therefore, when applying Preliminary Injunctive Relief Measures, it’s not necessary to include all the behaviors, activities, or contents in those points or provisions regulating dual measures, but only to outline the behaviors, and activities that need regulation or prevention according to the request of the parties involved. If in reality, all the behaviors, and activities… regulated in those Preliminary Injunctive Relief Measures are occurring or will occur, and one party requests the application of a measure to prevent all the behaviors, and activities… regulated in those Preliminary Injunctive Relief Measures, then all the behaviors, activities regulated in those points, provisions regarding those Preliminary Injunctive Relief Measures should be included in full.

Authority and Procedures for Applying Preliminary Injunctive Relief Measures by the Arbitral Tribunal

Authority

During dispute resolution, if one of the disputing parties requests the Arbitral Tribunal to apply preliminary injunctive relief measures, the Arbitral Tribunal has the authority to apply these measures and can only enforce the specific preliminary injunctive relief measures requested by the concerned party.

According to Article 49 of the Commercial Arbitration Law, the Arbitral Tribunal has the authority to apply preliminary injunctive relief measures only to the disputing parties and lacks jurisdiction over third parties. This differs from the authority of the Court, as the Court has the power to apply preliminary injunctive relief measures even to third parties upon request and if legally justified. When considering the application of preliminary measures to third parties, it is crucial to ascertain their connection to the arbitration agreement. Normally, arbitration agreements are binding only on the participating parties. There are limited instances where third parties involved in an arbitration agreement are bound by it, including:

• Firstly, under the theory of a “group of companies,” rights and obligations arising from an arbitration agreement in some cases may extend to other members within the group.
• Secondly, due to the effectiveness of general rules regarding assignment, agency, and succession. Accordingly, a branch of one party in an arbitration clause might be a co-defendant in the arbitration proceedings…

Arbitration agreements typically have limitations concerning parties directly involved in the arbitration process. (A. Redfern, M. Hunter, N. Blackaby, and C. Partasides, “Law and Practice of International Commercial Arbitration,” Thomson Sweet & Maxwell, 2005, 179, 401).

However, it’s essential to clarify that these cases are exceptional, and generally, arbitration agreements do not involve third parties. To ensure uniform understanding and application, when amending or supplementing the Commercial Arbitration Law, it’s crucial to specify when an arbitration agreement will be binding on a third party. Only then will the Arbitral Tribunal have jurisdiction to apply preliminary injunctive relief measures to that third party.

Before applying these measures, the Arbitral Tribunal must inquire with the parties involved and verify whether any party has requested the Court and if the Court has applied any preliminary injunctive relief measures. If any party has already requested the Court to apply such measures, the Arbitral Tribunal must decline to apply these measures.

Conditions for Applying Preliminary Injunctive Relief Measures

As per provisions in clauses 1, 3, and 4 of Article 49 of the Commercial Arbitration Law, the Arbitral Tribunal can only apply preliminary injunctive relief measures when the following four conditions are met:

• There must be a litigant’s request to apply one or more preliminary injunctive relief measures.
• The requesting party must provide documents or evidence demonstrating the necessity of applying those measures.
• The party requesting the application of preliminary injunctive relief measures must fulfill financial obligations to ensure compensation for damages caused by the improper application of these measures, resulting in harm to the affected party.
• No party has requested the Court to apply preliminary injunctive relief measures.
• If any of these four conditions are not met, the Arbitral Tribunal will not apply preliminary injunctive relief measures.

Procedures for Applying Preliminary Injunctive Relief Measures by the Arbitral Tribunal (Article 50)

The litigant requesting the application of preliminary injunctive relief measures must submit a formal application to the Arbitral Tribunal (complying with all required details). Once the requesting party has submitted the application and presented documentation or evidence proving the necessity of these measures, the Arbitral Tribunal issues a written statement specifying the amount or asset to be provided as security when implementing the obligation.

Based on the decision of the Arbitral Tribunal, the party requesting the application of preliminary injunctive relief measures must deposit an amount of money, valuable metals, precious stones, or documents with value as determined by the Arbitral Tribunal, corresponding to the potential damages caused by improperly applying these measures to protect the interests of the affected party. This deposit is made into a sealed account at a bank designated by the Arbitral Tribunal.

Within a three-working-day period from the date of receiving the application, once the requesting party has complied with the security measures as required by the Arbitral Tribunal, the Tribunal considers and decides whether to apply preliminary injunctive relief measures. In case the request is not accepted, the Arbitral Tribunal informs the requesting party in writing and specifies the reasons for the refusal. The enforcement of the Arbitral Tribunal’s decision on applying preliminary injunctive relief measures complies with the provisions of the law on the execution of civil judgments.

Jurisdiction, Procedures to Amend, Supplement, and Cancel Preliminary Injunctive Relief Measures by the Arbitral Tribunal (Article 51)

Jurisdiction

After the Arbitral Tribunal has decided to apply preliminary injunctive relief measures at the request of a party, the Tribunal has the authority to modify, supplement, or cancel these measures at any point during the dispute resolution process.

Procedures to Amend or Supplement Preliminary Injunctive Relief Measures

The party requesting the modification or supplementation of preliminary injunctive relief measures must apply to the Arbitral Tribunal. The application must contain:

• Date of the application;
• Name and address of the party requesting the temporary preliminary injunctive relief measures;
• Name and address of the party requested to adhere to the preliminary injunctive relief measures;
• Summary of the disputed content;
• Reason for the necessity of modification or supplementation of the preliminary injunctive relief measures;
• Specific requirements for the requested modification or supplementation of the measures.

Cancellation of Preliminary Injunctive Relief Measures

The Arbitral Tribunal must decide to cancel preliminary injunctive relief measures under the following circumstances:

• The party who requested the application of these measures asks for their cancellation.
• The party, having to execute the decision applying the measures, has submitted assets or has someone else ensuring the execution obligation to the party requesting.
• Obligation of the party to terminate according to the legal provisions.

Cancellation Procedures for Preliminary Injunctive Relief Measures

• The requesting party must submit a request to cancel the preliminary injunctive relief measures to the Arbitral Tribunal.
• The Arbitral Tribunal considers and decides on the cancellation of the preliminary injunctive relief measures.

When the Arbitral Tribunal decides to cancel the measures, it must decide to ensure the return of the ensured property to the person who ensured it.

If the request for applying the preliminary injunctive relief measures was improper and caused damage to the affected party or a third party, the Arbitral Tribunal will not return the ensured property to the party who enforced it.

The decision to cancel the preliminary injunctive relief measures must be promptly sent to the disputing parties and the Civil Judgment Enforcement Agency.

Responsibility of the Arbitral Tribunal When Applying Preliminary Injunctive Relief Measures (Article 52)

The Arbitral Tribunal applies only the preliminary injunctive relief measures requested by the parties and within the scope of assets specified by the requesting party. For example, if the requesting party only requests an amount of 1 billion dong for a money transfer between the parties as per Article 49.2, the Arbitral Tribunal cannot decide on more than 1 billion dong. In case the Tribunal applies different measures or exceeds the request that causes damage to the affected party or a third party, the damaged party has the right to bring a lawsuit to the Court for compensation as per civil litigation laws.

For instance, if the party requests an injunction: “to prohibit or force any party in a dispute to undertake certain actions to prevent adverse effects on the arbitration process,” but the Arbitral Tribunal applies for an injunction “to prohibit changing the status of the disputed property,” it is improper.

Responsibility of the Party Requesting Preliminary Injunctive Relief Measures

The party requesting the application of preliminary injunctive relief measures is responsible for their request. If the request for these measures is improper and causes damage to the other party or a third party, compensation must be provided.

Procedures, Sequence, and Jurisdiction When the Court Applies, Modifies, or Revokes Preliminary Injunctive Relief Measures as regulated in Article 53 of the Law on Commercial Arbitration and Article 12 of Resolution No. 01/2014/NQ-HDTP dated March 20, 2014, issued by the Council of Judges of the People’s Courts at all levels

Time of Requesting the Application of Preliminary Injunctive Relief Measures in Court

When the litigants submit a claim to arbitration, the Arbitration Council receives the claim, which is also the moment when the litigants have the right to submit a request to the Court for the application of preliminary injunctive relief measures.

The timing of the request for preliminary injunctive relief measures is not dependent on whether the Arbitration Council has been established or not, or whether it has resolved the dispute.

The act of a litigant requesting the Court to apply preliminary injunctive relief measures is not considered a waiver of the arbitration agreement or a refusal to settle the dispute through arbitration. Giving the litigants the choice between two arbitration bodies (Court or Arbitration Council) to request the application of preliminary injunctive relief measures is aimed at facilitating the protection of their interests. The Court’s involvement in this matter is merely supportive of the arbitration process.

The litigants have the right to request the Court to apply one or several specific preliminary injunctive relief measures.

Jurisdiction and Procedure for Applying Preliminary Injunctive Relief Measures by the Court

Jurisdiction

General Jurisdiction

As per the provisions of Article 7(3) of the Commercial Arbitration Law, only Provincial-level People’s Courts or Municipal People’s Courts directly under the Central Government have the jurisdiction to decide on the application of preliminary injunctive relief measures.

Specific Jurisdiction

• According to Article 7(1) of the Commercial Arbitration Law, if the parties have agreed to select a specific Provincial People’s Court to apply preliminary injunctive relief measures, such agreement is lawful, and the Provincial People’s Court agreed upon by the parties is authorized to apply preliminary injunctive relief measures. Conversely, if the parties agree to select a District-level People’s Court to apply preliminary injunctive relief measures, this agreement will not be legally valid as it violates the provisions of general jurisdiction stipulated in Article 7(3) mentioned above. Thus, in this scenario, the parties did not agree on a Court.
• In the absence of an agreement between the parties on a specific Provincial Court, the jurisdiction to apply preliminary injunctive relief measures lies with the Provincial People’s Court where the preliminary injunctive relief measures are to be applied.
• In practice, the application of preliminary injunctive relief measures usually occurs when one of the disputing parties requests the Court to do so. Therefore, following the request of one of the parties in the dispute, the Court has the jurisdiction to apply one or several specific preliminary injunctive relief measures according to Article 49(2) of the Commercial Arbitration Law.

For example: the plaintiff in a lawsuit requests the application of preliminary injunctive relief measures: the disputed property is a factory in X village, Y district, Z province. The Court that has the jurisdiction to apply preliminary injunctive relief measures (upon the plaintiff’s request) is the Z Provincial People’s Court.

Conditions for Applying Temporary Preliminary Injunctive Relief Measures

Similar to the Arbitration Council, the Court can only apply preliminary injunctive relief measures when all 4 conditions below are met:

• There must be a specific request from a party to apply one or several specific preliminary injunctive relief measures.
• The party requesting the application of preliminary injunctive relief measures must provide documentation and evidence proving the necessity of applying such measures.
• The party requesting the application of preliminary injunctive relief measures must fulfill financial obligations and pay the prescribed fees for applying preliminary injunctive relief measures as per regulations.
• There has been no request made to the Arbitration Council to apply those preliminary injunctive relief measures.

Sequence and Procedure for the Court to Apply Temporary Preliminary Injunctive Relief Measures

The litigant requesting the Court to apply preliminary injunctive relief measures must submit a petition to the competent Court (with content similar to the request sent to the Arbitration Council). Along with the request for temporary preliminary injunctive relief measures, the requesting party must provide the Court with documentation and evidence demonstrating the necessity of applying these measures.

Upon receiving the petition requesting the application of preliminary injunctive relief measures, within a period of 3 working days from the date of receipt, the Chief Judge of the competent Court must assign a Judge to review and settle the matter.

Within a period of 3 working days from the date of the assignment, the assigned Judge must examine the petition requesting the application of preliminary injunctive relief measures.

The Judge must ask the party requesting the application of preliminary injunctive relief measures whether they have previously requested the Arbitration Council to apply one or several specific preliminary injunctive relief measures, either before or after the Court’s request. If they have not requested the Arbitration Council, the Judge must request them to commit in the petition that they have not requested such measures from any other Court or the Arbitration Council. Simultaneously, the Court must examine the documents submitted along with the petition to determine whether the disputing parties have requested any other Court or the Arbitration Council to apply one or several specific preliminary injunctive relief measures.

In cases where there is evidence that any of the parties have requested the Arbitration Council or another Court to apply one or several specific preliminary injunctive relief measures, the Judge, based on the provisions of Article 53(5) of the Commercial Arbitration Law, returns the petition to the parties, except when the request for applying preliminary injunctive relief measures does not fall under the jurisdiction of the Arbitration Council.

In the event of returning a petition without accepting the request, the Judge must provide written notification clearly stating the reasons to the requesting party.

If the Judge finds that the petition requesting the application of preliminary injunctive relief measures is justified and falls under an acceptable case, the Judge requires the party requesting the application of preliminary injunctive relief measures to fulfill the obligation of financial assurance through assets.

• Fulfillment of Financial Assurance Obligation

Under the provisions of the Civil Procedure Code amended in 2005 and supplemented in 2011, only five Preliminary Injunctive Relief Measures are stipulated in Articles 102, clauses 6, 7, 8, 10, and 11. Those requesting the application of these Preliminary Injunctive Relief Measures must fulfill financial security obligations before applying. According to Article 49, Clause 4 of the law on Commercial Arbitration, all Preliminary Injunctive Relief Measures stipulated in the Law on Commercial Arbitration must be backed by financial security for the court to consider and accept them. If a party requests multiple Preliminary Injunctive Relief Measures, they must provide financial security for each measure.

The court has the authority to base its decision on each Preliminary Injunctive Relief Measure and the specific demands of the parties regarding its application. The court estimates the potential damage and its extent to the affected party to determine and provisionally calculate a sum of money, precious metals, gemstones, or valuable papers to compel the applicant to meet the financial security requirement for applying the Preliminary Injunctive Relief Measures.

While estimating the level of financial security to be provided, the judge may suggest that the applicant provisionally estimate the potential damages. If necessary, the judge may seek the opinion of the affected party regarding the estimated damages resulting from the application of the Preliminary Injunctive Relief Measures.

The estimation and provisional calculation of potential damages must be documented, explicitly outlining the damages and the total potential amount. Based on the estimated total damages, the judge specifies the monetary amount, precious metals, gemstones, or valuable papers and compels the applicant to fulfill the financial security obligation at the designated bank chosen by the court.

Here is an example of estimating and determining potential damages:

Mr. Q has documents proving ownership of a house that he currently occupies and uses. Six months after signing a contract with Mr. H, Mr. Q demolished the old house and constructed a five-story house as requested by Mr. H for renting purposes. June 1, 2014, is the deadline for Mr. Q to hand over the house to Mr. H. If Mr. Q fails to fulfill the contract, he will be fined 50 million Vietnamese dong for each month of delay. If after three months from June 1, 2014, Mr. Q fails to hand over the house to Mr. H, Mr. H has the right to unilaterally terminate the contract, and Mr. Q will be fined 100 million Vietnamese dong for breaching the contract. Right after signing the contract with Mr. H, Mr. Q also signed a contract with Company M to build the house. While Company M began implementing the construction contract, Mr. K contested the ownership rights of the house, claiming that this property is part of an economic contract in dispute between Mr. K and Mr. Q. Mr. K has requested the court to apply Preliminary Injunctive Relief Measures to freeze the status quo of the property (the house) in dispute.

If the Judge accepts Mr. K’s request for applying Preliminary Injunctive Relief Measures, the estimated actual damages that may occur due to the incorrect application of these measures (if the subsequent arbitration board determines that the land and house are legitimately owned and used by Mr. Q, and the house is unrelated to the dispute) will be determined by an amount in money, precious metals, gemstones, or valuable papers, depending on the specific circumstances, as follows:

• K presents to the Judge the contract for demolishing the old house and constructing the five-story house between Mr. Q and Company M.
• Q additionally presents the lease contract for the house between Mr. Q and Mr. H.

Therefore, the potential damages for Mr. Q could amount to the entire penalty for delaying the handover of the house to Mr. H.

• As Company M had commenced construction, if the contract is breached, the damages Mr. Q might have to compensate as per Company M’s demand include: costs for the labor force, vehicles, and materials moved to the site; time laborers spent waiting without working (while Company M still pays their salaries); the profit that Company M cannot obtain due to the unexecuted contract. If there’s an agreement regarding breach penalties in the construction contract, an additional penalty could be imposed for exceeding the deadline for handing over the site (this penalty not exceeding 8% of the contractual obligation’s value breached as stipulated in Article 301 of the 2005 Commercial Law).
• If the property is handed over to a third party for custody, the actual damages that may occur also include the fee for conserving the property for the custodian.

Immediately after the party fulfills the security obligation (submitting documents proving compliance with the court’s requirements regarding the fulfillment of the security obligation), the Judge must issue a decision to apply Preliminary Injunctive Relief Measures.

• In cases where, after applying the Preliminary Injunctive Relief Measures, the Court discovers that the disputing parties have requested another Arbitration Board or Court to apply the same measures, the Court will rely on corresponding regulations to revoke the measures it has issued and return the request and accompanying documents to the parties.

Upon revoking the application of Preliminary Injunctive Relief Measures, the Court must deal with the sum of money, precious metals, gemstones, or valuable papers deposited when the application was requested. If the application does not cause damage to the affected party, the Court allows them to retrieve the assets they had previously used as security.

The procedure for changing, supplementing, or applying temporary emergency measures

The process of changing or supplementing Preliminary Injunctive Relief Measures is similar to the procedure for applying these measures, with the following considerations:

• If the change benefits the affected party, the Judge needs to accept the request immediately and handle the security obligation based on the specific situation.
• If the request to supplement Preliminary Injunctive Relief Measures (meaning to add further requirements to the already applied emergency measures) is accepted, clear reasons for the supplement and the execution of the additional security measures must be provided.
• If the supplementary application of Preliminary Injunctive Relief Measures entails applying new emergency measures, the requesting party must present clear grounds for the request and be obliged to fulfill the security obligation.

The procedure for cancelling temporary emergency measures

Grounds for revocation:

• The party requesting the application of Preliminary Injunctive Relief Measures submits a request to the Court for revocation.
• The obligated party either submits assets or gets someone else to execute the security obligation regarding the requesting party.

When there are grounds for revoking Preliminary Injunctive Relief Measures, it is important to note:

• If the party requesting the application of Preliminary Injunctive Relief Measures has a request for revocation, the Court must promptly accept their request. If the application of Preliminary Injunctive Relief Measures was justified, upon revoking the temporary emergency measures, the Court decides to return the money or assets deposited at the bank according to the Court’s decision.
• If the party requesting the application of Preliminary Injunctive Relief Measures was not justified, causing damages to the affected party or a third party who seeks compensation, the deposited money or assets will not be returned unless the affected party requests compensation lower than the secured amount deposited at the bank according to the Court’s decision. In this case, the Court decides to allow the requesting party to retrieve the money or assets exceeding the amount requested for compensation.

Decisions to apply, change, or revoke Preliminary Injunctive Relief Measures take effect immediately.

Upon issuing this decision, the Court must send it to the relevant individuals, agencies, organizations, Public Prosecution, and Civil Enforcement Agencies with jurisdiction. The Civil Enforcement Agency is responsible for executing this decision. – Tưởng Duy Lượng – Former Vice Chief Justice of the Supreme People’s Court

Source: Application of Temporary Emergency Measures according to the regulations of the Law on Commercial Arbitration