중재판정에 대한 베트남 법원의 취소 사례 분석과 개선 방안

Abstract

The arbitration award represents the final decision of the Arbitration Council, resolving the entire dispute outlined in the complaint, concluding the arbitration proceedings, and standing as final and binding on the parties. Following international practices, the annulment of an arbitration award is a legal procedure conducted by the court to review whether the issued arbitration award fully complies with the provisions of the order and trial procedures of commercial arbitration, following the law. In Vietnam, the right to request the annulment of an arbitration award is specified in Article 69, and the grounds for annulment are outlined in Article 68 of the 2010 Commercial Arbitration Law. In recent years, domestic disputes have accounted for approximately 70% of cases and are on the rise, particularly in Foreign Direct Investment (FDI) enterprises. Despite commercial arbitration being a swift method of dispute resolution with various advantages, concerns have been raised about the potential annulment of arbitration awards by the court. This article focuses solely on the current legal provisions related to arbitral awards. It compares the grounds for annulment of arbitral awards in Korea and China based on the practical application of the law regarding the annulment of arbitral awards. Through the analysis of case law on the annulment of arbitral awards, the limitations of grounds for annulment are clarified, and multiple solutions are provided to enhance legal regulations for annuling arbitration awards.