Trọng tài thương mại Việt Nam trong quá trình hội nhập và phát triển

Abstract

Trading activities often involves several hidden conflicts. As such, involving parties should make a right choice of an option as the last resort to solve this issue after applying several methods in managing against the risk in the beginning of a trade activity among these options is arbitration. Over its 10-year history, the Commercial Arbitration Law of 2010 has played a critical role in stablising trade activities in Vietnam. It has also formed a legal framwork to facilitate arbitation actitives and to avoid the limitations that arose from the Commercial Arbitration Ordinance of 2003 and to receive good regulations of Uncitral model Law on international Commercial Arbitration. Howerver, since the Arbitration Law put into force, some limitations arose, which hindered the conflict-solving process to some extent. Therefore, this study tempted to analyse subjectively the current situation of the Law. From this analysis, this aticle provides somes pros and cons in the regulations and enforcement of the Commercial Arbitration Law of 2010 and recommendations for improvements of the existing regulations on this law.