Title Page
ABSTRACT
Contents
LIST OF ABBREVIATION 11
INTRODUCTION 12
CHAPTER I. GENERAL OVERVIEW OF THE ARBITRATION AGREEMENT 15
I. Historical background and development of the arbitration agreement - commercial arbitration and the international commercial arbitration 15
1. The arbitration agreement - commercial arbitration 15
2. The International Commercial Arbitration 21
II. Definition of the arbitration agreement 27
1. The 1958 New York Convention on the recognition and enforcement of foreign arbitral awards 29
2. The 1985 UNCITRAL Model Law on international commercial arbitration 31
3. National laws 34
III. The types of arbitration agreement 37
1. Arbitration clause 37
2. Submission arbitration 39
IV. The importance of arbitration agreement in arbitral proceedings 41
1. Pre arbitral proceedings 41
2. During arbitral proceedings 44
3. Post arbitral proceedings 46
CHAPTER II. DETERMINING LAW APPLICABLE TO THE ARBITRATION AGREEMENT 50
I. Factors affect the validity of the arbitration agreement under the law applicable to it 50
1. Legal capacity of the parties 51
2. Form of the arbitration agreement 53
3. Legal relationship between the parties 54
4. Disputes can be settled by the arbitration 54
II. Distinction between law applicable to the arbitration agreement, procedural law, law applicable to the contract 58
1. Procedural law 60
2. Law applicable to the contract 65
3. Law applicable to the arbitration agreement 69
III. When do you need to determine law applicable to arbitration agreement? 70
1. Initially, when one of the parties requests a court not to recognize the arbitration agreement (taking an objection to arbitration competence to settle a dispute) 71
2. After issuing an arbitral award, when it is raised as a defense to challenge recognition or enforcement of the arbitral award 72
IV. Criteria for determining the law applicable to the arbitration agreement 73
1. The law applicable to the contract containing the arbitration agreement 76
2. The law of the place of arbitration 80
3. The procedural law applicable to the arbitration 86
CHAPTER III. DETERMINING THE LAW APPLICABLE TO ARBITRATION AGREEMENT, LAWS AND PRACTICES IN VIETNAM 89
I. General overview of the commercial arbitration and sources of commercial arbitration in Vietnam 90
1. General history and development of the commercial arbitration in Vietnam 90
2. Basic sources of the commercial arbitration in Vietnam 95
II. Determining the law applicable to the arbitration agreement in Vietnam 99
1. Provisions in the legal documents 99
2. The practical application of the governing law of the arbitration agreement in Vietnam 108
III. Suggestions for revising and completing regulations on laws applicable to the arbitration agreement in Vietnam 111
1. Suggestion for amending and supplementing the 2010 Law on Commercial Arbitration 112
2. Suggestion for improving the socio - economic factors that have a great influence on the arbitration 121
CONCLUSION 128
REFERENCE 132