베트남 법체계에 있어서 외국중재판정 승인 및 집행

Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System

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.