THE VIETNAMESE COURT’S JUDICIAL POWER TO SUPPORT COMMERCIAL ARBITRATION

Commercial arbitration, as a private adjudicative body selected by the parties, is different from the Court - a public body established by the State, the commercial arbitration has limited competence under some circumstances as prescribed by law. For this reason, national and international laws have recognized the Court’s judicial power to support commercial arbitration under these certain circumstances.

The Court’s judicial power to support commercial arbitration activities has also been recognized under Vietnamese laws, but the regulations prescribed in these various documents are divided, unspecific, and inconsistent with the New York Convention and the UNCITRAL Model Law, which creates many problems when Vietnamese Courts implement and apply provisions on judicial power to support commercial arbitration. 

Effective implementation of the Courts’ judicial power to support commercial arbitration will promote the development of commercial arbitration in Vietnam and have positive influence on the investment environment in the country. Therefore, research on this issue is clearly needed. To provide more insights into this issue, the PhD candidate chose “The Vietnamese Court’s judicial power to support commercial arbitration” as the research topic of the dissertation.

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