This dissertation delves into the subject of recognition and enforcement of foreign arbitral awards in Vietnam with an emphasis on the comparison with German law and judicial experience. Chapter I draws a broad picture of the development of arbitration law in Vietnam from the feudal period to the modern day. In this regard, various modern legal instruments enacted by the Vietnamese authorities, such as Decree 116/CP, the Ordinance of 2003 and the Arbitration Law of 2010, have been taken into detailed account. Not only written statutes but also case law, comprised of a wide range of situations where such legal instruments have been applied, are closely analysed and deliberated. Chapter II focuses on the core issue of research of the dissertation. The in-depth discussion of the recognition and enforcement of foreign arbitral awards in Vietnam begins with a brief depiction of the history of the matter through an analysis of assorted legal instruments, including the Ordinance of 1995, the Civil Procedure Code of 2004 (amended in 2011) and the Civil Procedure Code of 2015, as well as the case law of the Vietnamese jurisdictional courts. Thereby, specific features relating to the recognition and enforcement of foreign arbitral awards are carefully discussed based on a comparison between the Vietnamese and German statutes and case law.
| Identifer | oai:union.ndltd.org:uni-osnabrueck.de/oai:repositorium.ub.uni-osnabrueck.de:urn:nbn:de:gbv:700-202011193745 |
| Date | 19 November 2020 |
| Creators | Le Nguyen Gia, Thien |
| Contributors | Prof. Dr. Hans Schulte-Nölke, Prof. Dr. Fryderyk Zoll |
| Source Sets | Universität Osnabrück |
| Language | English |
| Detected Language | English |
| Type | doc-type:doctoralThesis |
| Format | application/pdf, application/zip |
| Rights | Attribution-NonCommercial-NoDerivs 3.0 Germany, http://creativecommons.org/licenses/by-nc-nd/3.0/de/ |
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