• Title/Summary/Keyword: 베트남 상사중재법령

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A Study on the Utilization and Characteristics of Vietnam's Arbitration System in the FTA Era (FTA시대 베트남 중재제도의 특징과 활용방안에 관한 연구 - VIAC 중재규칙과 KCAB 국제중재규칙 비교를 중심으로 -)

  • Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.30 no.2
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    • pp.23-42
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    • 2020
  • The purpose of this study is to analyze the characteristics of Vietnam's arbitration system and to present measures that companies can utilize in practice. This research considers KCAB International Arbitration Rules, focusing on amendments to the Decree on Vietnam Commercial Arbitration Act and amendments to the VIAC Arbitration Rules. To sum up some features, the decree on the Commercial Arbitration Act simplified the registration procedures for arbitration centers and their branches and made the publication of court decisions and the recognition of the approval and execution of foreign arbitration courts, thereby enhancing transparency. First of all, the decree on the Commercial Arbitration Act simplified registration procedures for arbitration centers and their branches. In addition, the court strengthened transparency by officially announcing court judgments, recognition, and decisions. Next, there are some points to note in the arbitration rules of the VIAC. First of all, the rules of expedited procedure lack clarity. Next, parties should make a separate document for counterclaim and submit it with a statement of defense. In addition, the arbitral language may choose multiple languages by the Arbitral Tribunal unless the parties agree. Therefore, companies need to take a closer look at their understanding of the international arbitration system, which is mainly used in international disputes, and the characteristics of the Vietnamese arbitration system.