UNCITRAL COMMENTS VIETNAM LAW ON ARBITRATION

1.         General remarks

1.   The purpose of this note is to provide a comparative analysis of the Vietnamese Law on Commercial Arbitration (“Law on Commercial Arbitration” or “Law”) with the UNCITRAL Model Law on International Commercial Arbitration (“the Model Law”). The Law on Commercial Arbitration is closer to the Model Law than the Ordinance on Arbitration of 2003. It is commendable that the legislation on commercial arbitration is evolving towards international accepted standards, as embodied in the Model Law. However, despite those developments, the Law on Commercial Arbitration does not represent an enactment of the Model Law, for a number of reasons, further explained in this note. Therefore, this note contains some suggestions or recommendations on possible modifications that could be considered in respect of the Law on Commercial Arbitration if the intention is to enact in the future a law on arbitration based on the Model Law.

2.   As a preliminary remark on form, the Law on Commercial Arbitration is much longer than the Model law (the Law on Commercial Arbitration contains 82 articles against 36 for the Model law). The high level of detail of the Law on Commercial Arbitration may cause unnecessary complexity and may not offer sufficient flexibility in conducting arbitrations.

3.   A comparison of the titles and the sequencing of the chapters between the Law on Commercial Arbitration and the Model Law shows that the structure of the Model Law has not been followed.

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