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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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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 2010Act 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.
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참고문헌 (27)
참고문헌 신청
/ / http://vietnamnews.vn/ opinion/ 238746/ firms-unaware-ofarbitration. html
Alan S. Gutterman / / GOGOLABAL § 40 : 54
Albert Kritzer / / INT-CONT-M § 79A : 12
Brian J. M. Quinn / 2002 / Legal reform and it's context in Vietnam / Columbia Journal of Asian Law 15
Bui Thi Bich Lien / 2011 / Legal interpretation and the Vietnamese version of the rule of law / National Taiwan University Law Review 6
Albert Kritzer / / INT-CONT-M § 79A : 12
Brian J. M. Quinn / 2002 / Legal reform and it's context in Vietnam / Columbia Journal of Asian Law 15
Bui Thi Bich Lien / 2011 / Legal interpretation and the Vietnamese version of the rule of law / National Taiwan University Law Review 6
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