The title of this study is about "Legal study on arbitration agreement, determining the law applicable to the arbitration agreement, laws and practices in Vietnam". The goal of the topic research is to summarize and evaluate the criteria, provisions, and practices on the issue of the arbitration agreement and the law applicable to arbitration agreement in international commercial dispute settlement over the world, from which to put forward the suggestions to complete the Vietnamese legal system relating to the law applicable to the arbitration agreement.
With that goal, the object of this study is the law governing the aspects of arbitration agreement in international legal documents, national laws of some countries having the developed legal system and Vietnamese law on arbitration and the practices of determining the law applicable to arbitration agreement in international dispute settlement of some nations, international arbitration centres and in Vietnam. This is a problem with a wide scope of research including international law, national laws, and Vietnamese law. Particularly, the author will focus on the most common legal documents, such as the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards, the 1985 UNCITRAL Model Law on international commercial arbitration, together with the practices and national laws of the United Kingdom, the United State, Netherland, Switzerland, Sweden and Vietnam, of course. In order to handle these documents, the author will use the basic methods of studying, which includes systematization, method of analysis, method of summary, method of inference, and method of comparing law.
With the above scope, object and method of studying, this dissertation is organized into 3 main chapters, namely:
·Chapter one: General overview of the arbitration agreement
This chapter is going to generalize the most basic issues of the arbitration agreement and its importance in arbitral proceedings.
·Chapter two: Determining the law applicable to the arbitration agreement
This second chapter is going to concentrate on clarifying the importance of the law applicable to the arbitration agreement and the criteria on determining this law, then, drawing the lessons to complete the Vietnamese legal system.
·Chapter three: Determining the law applicable to the arbitration agreement, laws and practices in Vietnam
This chapter is going to present the overview of the Vietnamese law on the arbitration and its practical application in Vietnam to point out the shortcomings in the rules related to the determination of the law applicable to the arbitration agreement, then giving some suggestions for amendments and improvement of Vietnamese law in particular and the arbitration activities in Vietnam in general.