2011년 베트남 상사중재법에 관한 소고

• 영문명: An Overview of the Vietnam Commercial Arbitration Law in 2011
• 발행기관: 한국중재학회
• 저자명: 김선정(Sun-Jeong Kim)
• 간행물 정보: 『중재연구』 제23권 제4호, 97~122쪽, 전체 26쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

Vietnam has become an attractive destination for foreign investors, but confidence in the country s legal system to resolve commercial disputes remains low. Reasons include the lack of an independent judiciary, the lack of published court decisions, and a tendency to criminalize civil disputes, among others. As such, arbitration has become a preferred alternative to litigation. On June 17, 2010, the National Assembly of Vietnam passed a new act on commercial arbitration replacing the July 1, 2003 ordinance on commercial arbitration. The new act will take effect on January 1, 2011, and it is widely expected by the Vietnamese legal profession and lawmakers will create a favorable legal framework for the expansion of the arbitration service market in Vietnam. The new act is inspired by the UNCITRAL Model Arbitration Law of 1985 as are most new arbitration laws throughout the world. As opposed to the 2003 ordinance, the 2010 Act allows parties to request interim relief from the arbitrators. Also the new act eliminates the mandate that arbitrators be Vietnamese. The law has addressed the ordinance s shortcomings and reflects international standards. Commercial arbitration law is an important milestone in the improvement process of the laws on commercial arbitration in Vietnam. However, it is still too soon to affirm anything definitely because there remain many obstacles to the activation of arbitration. Rule of law and business cultural factors are important. The leading arbitral institution, VIAC, which is attached to the Vietnam Chamber of Commerce and Industry, is expected to play an important role for boosting the competitiveness of Vietnamese arbitration as an avenue to dispute settlement.

목차

Ⅰ. 서 론

Ⅱ. 상사중재규범의 등장과 2011년 개정의 배경

Ⅲ. 2011년 개정 상사중재법의 내용과 상사 중재제도에 대한 전망

Ⅳ. 결 론

키워드

베트남 상사중재법 베트남상사중재센터 법의 지배 2003년 상사중재령 UNCITRAL 국제상사중재모범법 Vietnam Commercial Arbitration Law VIAC Rule of Law Ordinance on Commercial Arbitration in 2003 UNCITRAL Model Law on Commercial Arbitration