베트남 법체계에 있어서 외국중재판정 승인 및 집행

• 영문명: Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System
• 발행기관: 한국중재학회
• 저자명: 성준호(Joon-Ho Sung)
• 간행물 정보: 『중재연구』 제31권 제1호, 107~127쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2021.03.30

영문 초록

Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is es ential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court s position on the ap roval and enforcement of foreign arbitration awards is ued by the courts depend on the pos ibility of realizing the parties rights concerning their disputes. Therefore, it is of great value both theoretical y and practical y to analyze the exact dif erences betwe n ap roval and the denial of ap roval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decre and creates an arbitration-friendly environment that me ts international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Ap roval and Enforcement Ordinance are regulated. Fol owing these laws and regulations, the reasons for the ap roval, enforcement, and rejection of the arbitral award are specified. In ac ordance with these laws and inappropriate arbitration agre ments, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proce ding or an arbitral award if the involved party does not have an op ortunity to exercise its rights lawful y. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for ap roval and execution.

목차

Ⅰ. 서설

Ⅱ. 베트남 중재법체계의 구성

Ⅲ. 베트남 중재판정 승인 및 집행 법제도

Ⅳ. 결어

참고문헌

Abstract

키워드

베트남 상사중재법 외국중재판정의 승인 및 집행 베트남 대법관회의 결의 01/2014 베트남 민사소송법 베트남법의 기본원칙 Vietnam Commercial Arbitration Law recognit on and enforcement of Foreign Arbitration Awards Vietnam Supreme Court Resolution 01/2014 Vietnam Code of Civil Procedure The fundamental principles of Vietnamese law