FOREIGN TRADE UNIVERSITY

FACULTY OF BUSINESS ADMINISTRATION

--------***--------

LAW ON ENTERPRISE

DISCUSS THE ROLE OF INTERNATIONAL COMMERCIAL

ARBITRATION IN RESOLVING DISPUTES RELATED TO THE
RESPONSIBILITY OF COMMERCIAL LEGAL ENTITIES IN
INTERNATIONAL TRANSACTIONS

Instructor : Ph.D Ha Cong Anh Bao

Class : PLUE401(HK1-2324)1.1
Group : 8

Name Student ID
Nguyễn Ngọc Anh 2212250008
Dương Ngọc Ánh 2213250014
Đỗ Ngân Hà 2213250034
Trần Minh Hà 2212250035

Ha Noi, 2023
 ABSTRACT

This report examines the role of international commercial arbitration in resolving

disputes pertaining to the responsibilities of commercial legal entities engaged in
international transactions, with a specific focus on Vietnam. Considering the complexities
and challenges associated with cross-border commercial disputes, this study explores
how international commercial arbitration serves as an effective alternative to traditional
litigation in Vietnam. The report begins by providing an overview of international
commercial arbitration, its key characteristics and analyzes the advantages and benefits
offered by international commercial arbitration in the context of Vietnam. It discusses
how arbitration provides parties with flexibility, confidentiality, expertise, and
enforceability of awards, which are crucial factors for resolving international commercial
disputes efficiently and effectively. Additionally, the report examines practical
considerations related to the application of international commercial arbitration in
Vietnam. It discusses the significance of drafting arbitration clauses in international
contracts, considering the enforceability of awards both domestically and internationally.
The role of the Vietnamese legal system in supporting and enforcing arbitration
agreements and awards is also analyzed. Overall, this report demonstrates that
international commercial arbitration plays a crucial role in resolving disputes related to
the responsibilities of commercial legal entities engaged in international transactions in
Vietnam. By providing an efficient and reliable alternative to traditional litigation,
international commercial arbitration contributes to promoting investor confidence,
facilitating cross-border trade, and fostering economic development.

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 TABLE OF CONTENT
CONTENT..........................................................................................................................7
CHAPTER I. THEORETICAL ISSUES.....................................................................7
1. Definition of international commercial arbitration...............................................7
2. Definitions of disputes related to the responsibilities of commercial legal
entities in international transactions............................................................................7
CHAPTER II. CURRENT STATUS OF VIETNAM'S LAW REGARDING
ROLE OF THE COURT AGAINST ARBITRATORS IN RESOLVING
INTERNATIONAL TRADE DISPUTES..................................................................10
1. Overview.............................................................................................................10
2. Current status of Vietnamese law.......................................................................11
CHAPTER III. PRACTICE OF VIETNAM LAW IMPLEMENTATION ON
THE ROLE OF COURTS TO ARBITRATORS IN RESOLVING
INTERNATIONAL COMMERCIAL DISPUTES IN VIETNAM, DIRECTIONS,
REQUIREMENTS AND COMPLETE SOLUTIONS.............................................14
1. Practical implementation of Vietnamese law on the role of Courts and
Arbitrators in resolving international commercial disputes in Vietnam....................14
2. Directions for improving Vietnamese law on the role of Courts and Arbitrators
in resolving international commercial disputes in Vietnam......................................15
4. Solutions to improve Vietnamese law on the role of Courts and Arbitrators in
resolving international commercial disputes in Vietnam..........................................16
DISCUSSION...................................................................................................................19
CONCLUSION................................................................................................................20
REFERENCES................................................................................................................21

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 INTRODUCTION

International commercial transactions have become increasingly prevalent in today's

interconnected world. With the expansion of global trade and investment, disputes arising
from these transactions are inevitable. Resolving such disputes in an efficient and fair
manner is crucial for maintaining trust and confidence among commercial entities
involved. This report focuses on the role of international commercial arbitration in
addressing disputes related to the responsibilities of commercial legal entities in
international transactions, with a specific emphasis on Vietnam.

Vietnam, as a growing economy and an attractive investment destination, has witnessed a

rise in international business transactions. However, with the increase in cross-border
trade comes the potential for conflicts and disagreements to arise. While traditional
litigation through domestic courts is an option, it often faces challenges such as lengthy
proceedings, lack of expertise in international commercial matters, and potential bias
towards domestic entities.

International commercial arbitration offers a viable alternative to traditional litigation in

resolving these disputes. It provides parties with a flexible and neutral forum for
resolving their conflicts, while also ensuring confidentiality and expertise in the subject
matter. Recognizing the importance of international commercial arbitration, Vietnam has
developed a robust legal framework that aligns with international standards, including the
UNCITRAL Model Law, through its Law on Commercial Arbitration.

Our group aims to study the advantages and benefits offered by international commercial
arbitration in Vietnam. It will examine the legal framework governing arbitration and
highlight the provisions that facilitate the resolution of disputes involving commercial
legal entities engaged in international transactions. This report seeks to shed light on the
crucial role that international commercial arbitration plays in promoting efficient and
effective dispute resolution for commercial legal entities engaged in international
transactions, with a particular focus on Vietnam.

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Scope
International commercial arbitration in Vietnam

Methodology
About our methodology, we will analyze and research available information about
international commercial arbitration at some points: theoretical issues related,
international disputes of commercial entities in transactions and commercial arbitration in
Vietnam. Besides, we discuss the current status of Vietnam's law regarding role of the
court in arbitration and implementation of it to dissolve international trade disputes. The
collected data was carefully analyzed to identify patterns, trends, and key findings related
to the role of international commercial arbitration in resolving disputes involving
commercial legal entities in international transactions in Vietnam. The analysis focused
on understanding the advantages, challenges, and limitations of international commercial
arbitration in the Vietnamese context.

Literature review
This section provides a concise overview of international commercial arbitration's
role in resolving disputes related to the responsibilities of commercial entities in cross-
border transactions. The analysis includes global perspectives and insights from Vietnam,
aiming to contribute to a nuanced understanding of how international commercial
arbitration effectively addresses complexities in both global and local scales of
commercial interactions.

1. Research situation in the world

Existing global research may not extensively explore the court's role in
international commercial dispute resolution through arbitration. Nevertheless, these
studies contribute to fundamental theoretical discussions on the interplay between courts
and arbitration in international trade disputes. Although not directly addressing the
intricate dynamics, they establish a theoretical foundation relevant to understanding
general principles. By exploring theoretical underpinnings and fundamental concepts,
these studies provide a valuable theoretical foundation for future inquiries into the
nuanced aspects of the court's relationship in the resolution of international commercial
conflicts.

2. Research situation in Vietnam

Following the promulgation of the Commercial Arbitration Law in 2003, several
studies have been undertaken to introduce the foundational principles, characteristics, and
nature of commercial arbitration. These works also discuss the initial legal provisions in
Vietnam concerning this dispute resolution mechanism. Key contributions include:

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Hoang Thi Quynh Chi (2003), “Pháp lệnh Trọng tài thương mại năm 2003 – Động lực
mới cho sự phát triển của trọng tài phi chính phủ ở nước ta”;Tran Thai Duong (2004),
“Pháp lệnh trọng tài thương mại Việt Nam với luật mẫu về trọng tài thương mại của
UNCITRAL”. These articles address general issues of Commercial Arbitration such as:
concept, characteristics, nature of finance, current state of organization and operation of
Financial Centers, support of the Court in operations. arbitration proceedings. Following
the enactment of the Commercial Arbitration Law in 2010, a plethora of more in-depth
research works emerged, providing a nuanced understanding of commercial arbitration.
Examples of such works include “Giải quyết tranh chấp thương mại bằng phương thức
trọng tài theo pháp luật Việt Nam hiện nay”, a master's thesis by Le Thi Dao, “Hủy phán
quyết của Trọng tài thương mại theo Luật trọng tài thương mại năm 2010”, a master's
thesis by Pham Minh, and “Hiệu lực của thỏa thuận trọng tài theo Luật Trọng tài
Thương mại năm 2010”, a master's thesis by Nguyen Anh Tuan. The mentioned theses
provide a comprehensive analysis of specific aspects of the Commercial Arbitration Law
(2010), shedding light on procedural intricacies, challenges related to arbitral awards, and
the legal effectiveness of arbitration agreements.

The analyzed articles provide a comprehensive overview of arbitration activities,

processes, and the role of commercial arbitration, with insights from the 2003
Commercial Arbitration Ordinance and the 2010 Commercial Arbitration Law. However,
crucial theoretical and practical issues in refining laws on court proceedings and
commercial arbitration lack sufficient attention from researchers. Additionally, there is a
notable gap in comprehensive research on the court's role in resolving international
commercial disputes in Vietnam, particularly in supporting arbitrators and overseeing
arbitration processes.

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 CONTENT

CHAPTER I. THEORETICAL ISSUES

1. Definition of international commercial arbitration

1.1. What is arbitration ?

Arbitration, and typically commercial arbitration, is known as Alternative Dispute
Resolution (ADR) which is agreed by parties of the dispute without the involvement of
the courts of a particular country.

1.2. What is international commercial arbitration ?

International commercial arbitration in Vietnam is primarily governed by the Law on
Commercial Arbitration No. 54/2010/QH12 (LCA) and its subsequent amendments.

International commercial arbitration in Vietnam is a method of dispute resolution where

parties involved in cross-border commercial transactions choose to resolve their disputes
through arbitration rather than through the courts of any particular jurisdiction. It allows
parties to submit their disputes to an independent and impartial tribunal (arbitral tribunal)
which renders a binding decision (arbitral award) based on the evidence presented and
the applicable law.

International commercial arbitration must be understood in a broad sense, therefore, its

definition carries "Internationality" must ensure the following two basic criteria:
 Firstly, must be of foreign nationality (if an individual), head office of the parties
(if they are legal entities) at the time of making the arbitration agreement in
different countries;
 Second, the place of arbitration, the place of performance of obligations and the
place of opposition, the object of the dispute must be abroad.

2. Definitions of disputes related to the responsibilities of commercial legal entities

in international transactions

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 2.1. Commercial legal entities
Commercial legal entities in Vietnam can take various forms, including but not limited
to:
 Joint Stock Company (Công ty Cổ phần - JSC): A type of company with a legal
capital divided into shares owned by shareholders. This form allows for the
issuance of publicly traded shares on the stock exchange.
 Limited Liability Company (Công ty Trách nhiệm hữu hạn - LLC): A company
where the liability of members is limited to their capital contribution. It can be a
single-member limited liability company (SLLC) or a multi-member limited
liability company (MLLC).
 Partnership Company (Công ty Hợp danh): A form of business where two or more
individuals or organizations cooperate in business activities and share profits and
losses.
 State-Owned Enterprise (Doanh nghiệp Nhà nước): Enterprises in which the State
holds a controlling stake or owns the entire capital. They play a significant role in
certain industries and sectors of the economy.
 Foreign-Invested Enterprise (Doanh nghiệp đầu tư nước ngoài - FIE): An
enterprise in which foreign investors contribute capital and participate in business
activities in Vietnam.
 Cooperative (Hợp tác xã): An economic organization established by individuals,
households, or legal entities to cooperate in production, business, and
consumption.
 Business Cooperation Contract (Hợp đồng hợp tác kinh doanh - BCC): A
contractual arrangement where parties collaborate in business activities, often used
for specific projects or joint ventures.
 Branch or Representative Office (Chi nhánh hoặc Văn phòng đại diện): An
extension of a foreign or domestic company, respectively, established to carry out
certain activities on behalf of the parent entity.

2.2. Disputes related to the responsibilities of commercial legal entities in

international transactions
Disputes related to the responsibilities of commercial legal entities in international
transactions refer to conflicts or disagreements that arise between commercial entities
engaged in international business activities. These disputes typically pertain to the
contractual obligations, rights, and liabilities of the involved parties in cross-border
transactions.
Key elements of such disputes may include:

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  Contractual Obligations: Disputes may revolve around the terms and conditions
outlined in contracts between commercial legal entities engaged in international
transactions. This could encompass issues related to the delivery of goods or
services, payment obligations, quality standards, and other contractual provisions.
 Commercial Fraud or Misrepresentation: Disputes may arise if one party accuses
the other of fraudulent activities, such as misrepresentation of products or financial
information.
 Payment and Financial Disputes: This category encompasses conflicts over
payment terms, currency exchange rates, late payments, or issues related to the
transfer of funds across international borders.
 Intellectual Property Rights: Disputes may emerge regarding the infringement of
intellectual property rights in the context of international transactions, including
patents, trademarks, copyrights, and trade secrets.
 Regulatory Compliance: Issues related to compliance with local and international
laws, regulations, and industry standards can lead to disputes. For example,
conflicts may arise due to discrepancies in customs regulations, export/import
restrictions, or industry-specific compliance requirements.

2.3. Concepts of the role of the Court to Arbitration in resolving international

transaction disputes
The role of the Court to Arbitration in resolving international transaction disputes is a
collection of measures and functions legal and practical capabilities and resources
regulations; has the effect of supporting and facilitating commercial arbitration develop
and operate effectively; to protect justice and national public interests through
supervision and inspection of the Arbitrator's activities dispute resolution process.

Firstly, support measures and assistance with monitoring and control mechanisms The
Court's investigation and relationship with the Arbitrator must be prescribed by law to
determine and organize implementation according to the provisions of law.

Secondly, the Court supports and assists Arbitrators in many ways in specific cases as
prescribed by law. A notable issue is that this support and assistance from the Court must
be provided guaranteed to a certain extent, the Court is not supported, assist beyond the
legal limit, otherwise it would be acting on behalf of the referee lost its position, role, and
effect in the name of "public power"

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Thirdly, the Court holds an important position and function, has the right to supervise,
inspect, not competently but on the contrary, supportive to the Arbitrator as stated above.
Accordingly, the authority of the method resolves this dispute without limiting the
jurisdiction of other dispute resolution methods. A notable issue is that supervision and
inspection by the Court is also needed must be guaranteed to a certain extent, the Court
cannot supervising and inspecting beyond the legal limit, otherwise it is considered
interference too deeply into the Arbitrator's activities

CHAPTER II. CURRENT STATUS OF VIETNAM'S LAW REGARDING ROLE

OF THE COURT AGAINST ARBITRATORS IN RESOLVING
INTERNATIONAL TRADE DISPUTES

1. Overview

1.1. Laws of countries on the role of the Court in Arbitration

During the development history of Arbitration, the arbitration laws of some countries also
have regulations on the role of the Court in Arbitration. The Court carries public power
and when adjudicating, the Court acts in the name of the state and has an important role
in supporting Arbitration to resolve disputes, even in cases where the parties have agreed
on an Arbitration Clause, in addition to the adjudicative function, the Court also has the
authority to supervise and inspect the Arbitrator's procedural activities, whereby the
Arbitrator's decision can be partially or completely annulled. However, it is worth noting
that the Court does not always support the Arbitrator in resolving disputes but only
supports and assists the Arbitrator in necessary cases.

1.2. Vietnamese law on the role of the Court in Arbitration

After 2003 and before 2010, commercial arbitration centers are governed by the 2003
Commercial Arbitration Ordinance.
- The period after the Commercial Arbitration Law
The promulgation of the Commercial Arbitration Law marks a new step in
Vietnam's legislative process on commercial arbitration with many progressive
regulations, with the purpose of: (i) ensuring fast arbitration proceedings quickly, fairly,
effectively and conveniently, (ii) ensuring effective support from the Court, (iii) creating
conditions for Arbitrators and arbitration organizations to develop in the context of
Vietnam's implementation of commitments and
- The period before the Commercial Arbitration Law

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 Before 2003, the non-governmental economic arbitration centers of Vietnam,
including the Vietnam International Arbitration Center in addition to the Vietnam
Chamber of Commerce and Industry, is governed by Decree No. 116/CP dated
September 5, 1994 of the Government.
The civil procedure law also stipulates many important new points, marking a step
forward in determining the role of the Court in respect of Arbitration, thereby creating
conditions for the parties to proactively collect evidence, protect their legitimate rights
and interests, encourage the resolution of some disputes through negotiation, conciliation,
arbitration and the Court to assist in case of necessity with such dispute resolution
methods .
However, a problem that arises is that many provisions of Vietnamese law related
to the role of the Court and Arbitration in resolving commercial disputes are considered
complete, specific, and progressive. Ministry, but why has Vietnam's Commercial
Arbitration still failed to promote its effective role?

2. Current status of Vietnamese law

2.1. Provisions of Vietnamese law on the role of the Court in supporting and
assisting Arbitration

2.1.1. Enforce Arbitration Agreement

- If a dispute has an arbitration agreement and one party initiates a lawsuit to the Court, at
the request of one of the parties, the Court must refuse to accept the case and direct the
parties to a competent Arbitrator for resolution ensure compliance with a legally
enforceable arbitration agreement, unless the arbitration agreement is invalid or
unenforceable.
- The provisions of Vietnamese law on the role of Courts in respect of Arbitration in
resolving international commercial disputes are mainly stipulated in two important laws,
the Commercial Arbitration Law and the Law on Prosecution. Civil Procedure 2015.
However, a notable issue is that the provisions in the 2015 Civil Procedure Code and the
Commercial Arbitration Law also have issues that have not been clarified, and sometimes
even contradict each other.
- Basis for determining the jurisdiction of the Court and the jurisdiction of the Arbitrator
Determining the jurisdiction of Courts and Arbitrators is based on different legal bases.
Meanwhile, the basis for determining the Arbitrator's authority must first be based on the
agreement of the parties. The arbitrator is only competent if selected by the parties in
accordance with the arbitration agreement.
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However, in practice, the arbitration agreement can be changed by the will of one of the
parties (a party continues to file a lawsuit in court even though there is an arbitration
agreement), or declared by the Court.
The problem is that researchers and lawmakers need to immediately have legal initiatives
to respond to the practical situation; Recognize "precedent law" related to commercial
arbitration in the Vietnamese legal system.

2.1.2. Establishment of Arbitration Council

- Establishment of an Arbitration Council at the Arbitration Center
The Arbitration Council at the Arbitration Center also has its advantages, that is, the
Arbitration Center has a strict structure and organization, with a Chairman and members
of the Arbitration Center; The arbitration center has its own Rules of Procedure, which
specifically regulate the Arbitration proceedings. However, establishing a Permanent
Council at the Arbitration Center also has certain limitations.
Practice shows that, although there are very clear and specific regulations on the
establishment of the Arbitration Council, the parties also acknowledge and comply with
the steps of the arbitration process. The Court plays an important role in helping the
Arbitration Council organize and operate effectively and efficiently.
- Establishment of the Arbitration Council for the case
Similar to the Permanent Arbitration Council, the starting point of an international
commercial dispute is determined at the time the plaintiff submits a lawsuit and
establishes the Arbitration Council.
Determining the time to start arbitration proceedings is very important, on the one hand,
it is determining the parties' obligation to participate in the dispute resolution process; On
the other hand, it is possible to determine the time of the Court's role towards Arbitration
in resolving international commercial disputes through support and assistance in
establishing the Arbitration Council.

2.1.3. Change of Arbitrator

The Court has the right to supervise the change of Arbitrators at the stage of considering
annulment of an arbitral award. The court considers annulment of an arbitral award when
there is a request from one party and the arbitral award is annulled in the following cases:
the composition of the Arbitration Council and the arbitral proceedings are not consistent
with the agreement. agreement of the parties or contrary to the provisions of the
Commercial Arbitration Law.
The Court's supervisory role over Arbitration activities in this case is also stipulated in
the Commercial Arbitration Law. However, the Vietnam Commercial Arbitration Law

12
does not mention cases of changing arbitrators, but only regulates the consideration of
invalid arbitration agreements, unenforceable arbitration agreements, and the authority of
the Association. co-referee.

2.1.4. Summon witnesses and collect evidence

- The Court assists the Arbitrator in summoning witnesses according to Vietnamese law
In the arbitration process, evidence plays an important role. The arbitration council does
not act on behalf of State power, so the summons is not strong enough to force witnesses
to be present at the meeting to resolve the dispute. Therefore, in the process of resolving
disputes, the Arbitration Council needs support from State agencies, including the Court.
In different countries, there are also different regulations on this issue, for example,
Germany does not accept the parties as witnesses, but France accepts the appearance of
the parties as witnesses, accordingly "nothing" prohibits, unless otherwise agreed by the
refusal shall not be considered a violation of the right to be heard allowing the Arbitral
Award to be annulled.
- The Court assists the Arbitrator in collecting evidence according to Vietnamese law
parties, the Arbitral Court allowing the parties to testify. In particular, the Arbitral Court
may refuse to hear witnesses if this is not necessary. Of course, the Arbitration Council is
not dependent on witnesses providing information and documents related to dispute
resolution. "The Arbitrator is autonomous in evaluating the evidence of the testimony that
the Arbitrator decides to listen to."

2.1.5. Apply temporary emergency measures

Arbitration laws in many countries around the world also stipulate the Court's authority to
apply interim emergency measures to assist the Arbitrator in resolving disputes.
Accordingly, the application of interim emergency measures is inconsistent. at the same
time as initiating a lawsuit in arbitration proceedings.

2.2. Provisions of Vietnamese law on the role of the Court in supervising and
inspecting Arbitration

2.2.1. Register the decision of the Arbitrator of the case

Arbitration laws of countries around the world as well as 15 Vietnamese arbitration laws
all have regulations on International Arbitration and National Arbitration. Arbitration
decision is understood as the decision of the Arbitration Council in the dispute resolution
process. If the arbitration council makes a decision, the proceedings will end and the
parties cannot request a retrial.
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An issue that needs attention is that the legal value of an arbitration award is final, the
dispute is resolved only once through the Arbitration Council. The purpose of registering
the Arbitrator's decision at Court is to "bind the legal responsibilities between the parties
and the Arbitrator's responsibility for his award, creating a basis for State agencies,
organizations and individuals are responsible for implementing this judgment”.

2.2.2. Review and annul the arbitration decision

Due to the nature of Arbitration, which is a method based on the agreement of the parties,
the laws of most countries recognize that the arbitration award has final effect and the
parties must strictly implement it. Voluntarily implementing an arbitration award also
means respecting one's own commitments and will, with what they have agreed and
created. The parties do not have the right to appeal like the Court's judgment.
However, the provisions on the final effect of arbitral awards also have certain
advantages and disadvantages. Especially in cases where the resolution of the dispute has
errors that may violate the rights and interests of one or more parties, or due to objective
reasons that at the time of resolving the dispute the arbitration. Thus, it is necessary to
have guarantees from the State regarding the arbitration award in the above cases through
the Court's supervision mechanism by issuing a decision to "cancel the arbitration
award".

CHAPTER III. PRACTICE OF VIETNAM LAW IMPLEMENTATION ON THE

ROLE OF COURTS TO ARBITRATORS IN RESOLVING INTERNATIONAL
COMMERCIAL DISPUTES IN VIETNAM, DIRECTIONS, REQUIREMENTS
AND COMPLETE SOLUTIONS

1. Practical implementation of Vietnamese law on the role of Courts and

Arbitrators in resolving international commercial disputes in Vietnam

The practice of implementing the law on commercial arbitration shows that the
organization and activities of Vietnamese arbitration in general and the Vietnam
International Arbitration Center (VIAC) in particular are still weak compared to the
arbitration of the above countries. According to the preliminary report summarizing 4
years of implementation of the Commercial Arbitration Law, the whole country has 347
Arbitrators and 13 Commercial Arbitration Centers, of which the VIAC has 149
Arbitrators. , accounting for nearly 40% of the total number.
Up to now, the resolution of trade and investment disputes is mainly through the court
system. Arbitration only accounts for less than 1% of the total number of commercial and

14
investment disputes accepted and adjudicated by the Court every year. VIAC is
considered a major arbitration center in Vietnam but can only resolve nearly 100
cases/year compared to tens of thousands of cases/year that have been handled by
arbitration centers in the region and around the world such as Singapore Arbitration
Center (SIAC) or Hong Kong Arbitration Center (HIAC).
Regarding the role and relationship of the Court in arbitration activities, in recent times, it
can be said that the Court has played an important role in supporting the effective
operation of Arbitration, creating the attractiveness of Arbitration. The most outstanding
result of the Court in supporting arbitration activities is the application of temporary
emergency measures. According to statistical data, the Court has issued 15 decisions to
apply temporary emergency measures during arbitration proceedings.
In addition to the Court's active and timely support for Arbitrators in resolving
commercial disputes, up to now, there are still many Arbitration awards that have been
annulled by the court. According to statistics from the Vietnam International Arbitration
Center, the number of annulled arbitration awards is on the rise. The rate of annulment of
arbitration awards from 2011 to 2014 alone was up to 50%. Compared to other countries
in the world, this cancellation rate is very high.

2. Directions for improving Vietnamese law on the role of Courts and Arbitrators
in resolving international commercial disputes in Vietnam

2.1. Complete perspective

Firstly, improving the law on court proceedings and commercial arbitration law,
including improving the role of the Court and Arbitration in resolving international
commercial disputes, needs to be consistent with the law.
Second, perfecting the law on court proceedings and commercial arbitration law,
including improving the role of the Court and Arbitration in resolving international
commercial disputes, needs to be put in place
Third, perfecting the law on court proceedings and commercial arbitration law, including
improving the role of the Court and Arbitration in resolving international commercial
disputes, on the strategy Building and perfecting the Vietnamese legal system by 2010,
orientation to 2020 and judicial reform strategy by 2020.
Fourth, perfecting the law on court proceedings and commercial arbitration law,
including improving the role of the Court and Arbitration in resolving international
commercial disputes must be consistent with our country's foreign policy.

15
 2.2. Perfect direction
Firstly, completion needs to be based on ensuring respect and protecting the legitimate
interests of the disputing parties when participating in commercial arbitration
proceedings.
Second, completion must be based on the principle of judicial independence
Third, completion must be associated with the completion of relevant legal provisions

Firstly, perfecting the law on the Court's support mechanism for Commercial Arbitration
in resolving disputes must ensure the comprehensiveness, unity and synchronization of
the law.
Second, perfecting procedural law and commercial arbitration law, including improving
regulations on the Court's role in respect of Arbitration in resolving international
commercial disputes, must ensure the scientific nature of the law.
Third, perfecting the law on litigation and commercial arbitration law, including
improving the role of the Court for Arbitration in resolving international commercial
disputes, must ensure its feasibility. enforcement of the law

4. Solutions to improve Vietnamese law on the role of Courts and Arbitrators in

resolving international commercial disputes in Vietnam

4.1. General solutions

4.1.1. Continue to improve institutions and effectively deploy legal documents related to
the role of the Court and Arbitration in resolving international commercial disputes
Firstly, perfecting commercial law, land law, housing law, and real estate business in the
direction of expanding the dispute resolution authority of Commercial Arbitration;
Expanding the concept of commercial activities in Commercial Law; Completing tax
documents in the direction of exempting and reducing VAT and corporate income tax for
arbitration centers and arbitrators when participating in resolving disputes by arbitration.
Second, continue to effectively implement the provisions of court procedure law, civil
judgment enforcement law and provisions of commercial arbitration law.
Third, review and synthesize institutional difficulties and problems and implement the
provisions of the 2015 Civil Procedure Code, the Law on Civil Judgment Enforcement
related to arbitration and other regulations. provisions of the law on commercial
arbitration to propose solutions to improve institutions on this issue.
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Fourth, promote propaganda and dissemination of provisions of court procedural law and
civil judgment enforcement law related to commercial arbitration; especially the
provisions of law on commercial arbitration.
Fifth, build a team of judges of the People's Court in a professional direction; Training,
fostering, and in-depth training for judges on investment and business law. At the same
time, strengthen fostering and training in trial skills for Arbitrators.

4.1.2. Raise awareness about Arbitration - a method of resolving international

commercial disputes that is popular in the world
Raise awareness immediately from State agencies such as People's Courts, Civil
Judgment Enforcement Agencies, and bailiffs about the role and superiority of the
dispute resolution method by Arbitration; At the same time, it is also necessary to raise
awareness of lawyers, jurists, the business community in general and investors and
entrepreneurs.

4.1.3. Improve the quality of Commercial Arbitration

Improving the professionalism and capacity of the Arbitrator team in resolving domestic
and foreign commercial disputes, perfecting the skills of arbitrators, and developing rules
of ethics for arbitrators; Improve the capacity of arbitration centers. At the same time,
improve the quality of Arbitration and enforcement of Arbitration decisions.

4.1.4. Strengthen the support of the Judgment Enforcement Agency to enforce

Commercial Arbitration decisions
Develop a mechanism to strengthen the support of Civil Enforcement Agencies in fully,
promptly and effectively implementing arbitration awards, in order to improve the
credibility and attractiveness of arbitration to the parties. dispute. The disputing parties
must respect and strictly implement the arbitration award to ensure its validity.

4.1.5. Strengthen inspection and supervision of law enforcement on commercial

arbitration
Develop a mechanism to strengthen inspection and supervision of the National Assembly
in the enforcement of laws on commercial arbitration, especially regulations on the
application of temporary emergency measures and cancellation of arbitration awards to
ensure ensure the cancellation of arbitration awards in accordance with the provisions of
law.

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4.1.6. Enhance the effectiveness and efficiency of state management of commercial
arbitration
Review and evaluate the quality of commercial arbitration activities, propose solutions to
improve the quality of commercial arbitration activities; Organize conferences and
discussions with commercial arbitration centers to grasp difficulties and obstacles during
operations to find solutions or propose or recommend solutions to competent authorities.
Strengthen inspection and examination of commercial arbitration organization and
activities.

4.2. Specific solutions

4.2.1. Amending and supplementing the Law on Commercial Arbitration

In order for Vietnam's commercial arbitration to develop in accordance with international
law and the laws of countries around the world, the issue needs to be researched,
summarized, and comprehensively evaluated. Propose amendments and supplements to
the Law on Commercial Arbitration, in which it is necessary to focus on amendments and
supplements to the issue of the Court's role in respect of Arbitration in resolving disputes.
Specifically: amendments and supplements to the Arbitrator's authority; Resolve
complaints about the jurisdiction of the Arbitration Council; arbitration award; annul the
arbitration award; cassation mechanism for the Court's decision to annul an arbitration
award; appoint an Arbitrator to apply interim emergency measures.

4.2.2. Amend and supplement other relevant legal documents

To ensure the Court's role in the effective resolution of international commercial disputes,
the issue is not only to amend and supplement the Commercial Arbitration Law but also
to amend and supplement it synchronously. Other relevant laws, in which it is necessary
to amend and supplement the 2015 Civil Procedure Code and the 2014 Law on Civil
Judgment Enforcement.

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 DISCUSSION

Through our analysis, we shown the effectiveness and advantages of international

commercial arbitration as a dispute resolution mechanism. The neutral and efficient
nature of arbitration allows parties to select experienced arbitrators with expertise in the
relevant field, ensuring a thorough understanding of the complexities involved. The
flexibility and autonomy in tailoring the arbitration process to suit the parties' needs
promote a more satisfactory outcome. these findings are far-reaching and hold significant
importance in resolving disputes within the realm of international transactions. Firstly,
the efficiency and expertise provided by international commercial arbitration enable
parties to achieve timely and cost-effective resolutions, allowing them to focus on their
core business activities. Secondly, the collaborative and
less adversarial environment of arbitration fosters the preservation of business
relationships, which is crucial for future collaborations and maintaining mutual trust.
Lastly, the predictability and uniformity offered by arbitration contribute to legal
certainty in international transactions, providing parties with a reliable framework for
resolving their disputes.

Furthermore, our findings highlight the significance of the Court's role in commercial
arbitration in Vietnam. It supports, assists, supervises and inspects arbitration. The
significance of the findings in relation to the research question or thesis lies in shedding
light on the integral role of international commercial arbitration in resolving disputes
pertaining to the responsibilities of commercial legal entities in international transactions.

Moreover, our analysis reveals directions and solutions to improve Vietnamese law on
the role of Courts and Arbitrators in resolving international commercial disputes in
Vietnam. This is extremely important to promote the role of international commercial
arbitration in resolving trade disputes.

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 CONCLUSION

The role of the Court to the Arbitrator in settlement international transaction disputes
must be understood as a whole set of measures, legal and practical functions and
resources legal provisions; has the effect of supporting and facilitating commercial
arbitration commercial development and effective operations; to protect justice and
public interests country through supervision and inspection of arbitration activities in the
dispute resolution process.

The essay has focused on clearly analyzing the current status of provisions of Vietnamese
law on the role of Courts and Arbitrators in resolving international commercial disputes
in Vietnam.

Through the interpretation of current regulations, the essay provides comments,

assessments, comparisons, and evaluations of the provisions of Vietnamese law and
international law, pointing out points of progress and lack of progress set of these
regulations. Through the analysis of specific cases and precedents, the thesis has clarified
the issues of the Court's practice of canceling commercial arbitration awards.

The essay provides directions, requirements and a system of solutions to improve

Vietnamese law on this issue. Accordingly, the issue of enforcement of Vietnamese law
has been mentioned; Build arguments to continue improving Vietnam's legal system in
general and the Commercial Arbitration Law in particular, in order to concretize, amend,
supplement, and perfect current regulations and build mechanisms ensure effective and
efficient implementation of the issue.

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 REFERENCES

1. Center VIA, ‘What Is Commercial Arbitration?: International Arbitration: Vietnam

International Arbitration Center’ (https://www.viac.vn)
<https://www.viac.vn/en/arbitration/what-is-commercial-arbitration-a60.html>

2. ‘Https://Lawkey.vn/Nhung-Loai-Hinh-Doanh-Nghiep-Co-Tu-Cach-Phap-Nhan/’
(https://www.viac.vn) <https://www.viac.vn/en/arbitration/what-is-commercial-
arbitration-a60.html>

3. ‘Https://Sites.Google.Com/a/Ecolaw.vn/Luat-Tieng-Anh/1-Bo-Luat-Luat/-Law-on-
Commercial-Arbitration’ (https://www.viac.vn)
<https://www.viac.vn/en/arbitration/what-is-commercial-arbitration-a60.html>

4. ‘Https://Academic.Oup.Com/Jids/Article/14/3/328/7076733 ’ (https://www.viac.vn)
<https://www.viac.vn/en/arbitration/what-is-commercial-arbitration-a60.html>

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