Sarcouncil Journal of Public Administration and Management

Abstract: As international economic relations become increasingly tightly woven on a multi-dimensional and multi-sectoral level, conflict has become inevitable. Besides court litigation, resolution through commercial arbitration has proven its important role through its superior flexibility, speed, confidentiality, and time and cost efficiency. The creation of the Law on Commercial Arbitration (LCA) in 2010 has created a vital legal foundation to bolster commercial arbitration in Vietnam, in line with international practices. By examining the clauses of the LCA in relations with other laws and synthesizing the results of previous research, this article has highlighted the current inadequacies in its implementation, such as: difficulty in acknowledging and enforcing arbitration awards; lack of effective support mechanisms from the Court; legal gaps in obstructing arbitration; the capabilities and reputation of some arbitration centers are not up to par. Lastly, the author provided several solutions to improve the state of arbitration in Vietnam, namely through expanding the jurisdiction of arbitrators, stipulating clauses for annulling arbitration awards, and improving enforcement of these awards.