MINISTRY OF INDUSTRY AND TRADE INDUSTRIAL UNIVERSITY OF HO CHI MINH CITY GROUP 2 PROS & CONS OF EACH RESOLUTION OF COMMERCIAL DISPUTE (ESSAY) HO CHI MINH CITY, 2023 MINISTRY OF INDUSTRY AND TRADE TRƯỜ[.]
MINISTRY OF INDUSTRY AND TRADE INDUSTRIAL UNIVERSITY OF HO CHI MINH CITY GROUP PROS & CONS OF EACH RESOLUTION OF COMMERCIAL DISPUTE (ESSAY) HO CHI MINH CITY, 2023 MINISTRY OF INDUSTRY AND TRADE TRƯỜNG ĐẠI HỌC CÔNG NGHIỆP TP HỒ CHÍ MINH PROS & CONS OF EACH RESOLUTION OF COMMERCIAL DISPUTE SUBJECT ESSAYS SPECIALIZED TERMINOLOGY ECONOMIC LAW Instructors: Nguyen Thanh Minh Chanh Section Classes: DHLKT18A Group: HO CHI MINH CITY, 2023 LIST OF GROUP MEMBERS SEQUENCE NUMBER FULL NAME STUDENT ID CLASS Tô Ngọc Phương Trinh 22650021 DHLKT18A Nguyễn Tống Hoàng Giang 22691811 DHLKT18A Lê Minh Sang 22644321 DHLKT18A Nguyễn Huy Bình 22636641 DHLKT18A Đào Ý Dương 22699761 DHLKT18A Nguyễn Anh Chương 22636101 DHLKT18A Nguyễn Thị Mỹ Hoa 22692841 DHLKT18A Hồ Nhật Thanh 22677731 DHLKT18A TABLE OF CONTENTS CHAPTER I: GENERAL OVERVIEW OF METHODS OF COMMERCIAL DISPUTE RESOLUTION THROUGH COMMERCIAL ARBITRATION AND DISPUTE RESOLUTION THROUGH COURTS 1.1 Commercial dispute 1.1.1 The concept of commercial activities 1.1.2 Commercial dispute concept .4 1.2 Commercial dispute resolution 1.2.1 Negotiation between parties 1.2.2 Conciliation between the parties .4 1.2.3 Dispute settlement by commercial arbitration 1.2.4 Settlement of disputes by Court 1.3 Commercial Arbitration 1.3.1 Concept 1.3.2 Arbitration's authority to settle disputes 1.3.3 Dispute settlement procedures by commercial arbitration .4 1.3.4 Effect of judgment .4 1.3.5 Ensuring the enforcement of the ruling .4 1.3.6 The remaining factors .4 1.3.6.1 Expense 1.3.6.2 Time 1.3.6.3 Location 1.4 Court 1.4.1 Concept .4 1.4.2 Authority of the Court .4 1.4.2.1 What is authority? 1.4.2.2 What is the authority of the Court? 1.4.2.3 Authority of the court .4 1.4.3 Court Procedures 1.4.4 Validation of the Court 1.4.5 Execution of the Court's judgment 1.4.6 Other factors .4 CHAPTER II: ISSUES SURROUNDING THE CHOICE OF TRADE DISPUTE RESOLUTION METHOD 2.1 Comparison of commercial dispute resolution methods between courts and arbitration 2.1.1 Alike 2.1.2 Difference 2.2 The role of arbitrators and courts in practice 2.2.1 The role of commercial arbitration 2.2.2 Role of the court CHAPTER III: SOME RECOMMENDATIONS TO IMPROVE THE EFFICIENCY OF COMMERCIAL DISPUTE SETTLEMENT BY COMMERCIAL ARBITRATION AND COURTS 10 3.1 Solutions to complete the law on settlement of commercial disputes by commercial arbitration 10 3.2 Solutions to improve the law on the competence of courts in settling business and commercial disputes 11 3.2.1 It is necessary to amend the legislative approach to the authority of courts in the direction of exclusion 11 3.2.2 The litigant's right to freely choose the court 11 3.2.3 Recognizing the People's Court's right to interpret laws in settling business and commercial disputes 12 3.2.4 Complete the law on the model and organizational structure of the court .12 3.2.5 Raise the qualifications and capacity of judges and assessors in settling commercial business disputes .12 CHAPTER I: GENERAL OVERVIEW OF METHODS OF COMMERCIAL DISPUTE RESOLUTION THROUGH COMMERCIAL ARBITRATION AND DISPUTE RESOLUTION THROUGH COURTS 1.1 Commercial dispute 1.1.1 The concept of commercial activities Following Article of the 2005 Commercial Law 1, which stipulates that commercial activities are activities for profit-making purposes, including purchase and sale of goods, provision of services, investment, trade promotion and other activities for other profit-making purposes 1.1.2 Commercial dispute concept Commercial disputes are conflicts or disagreements between two parties that cooperate on rights and obligations during commercial business activities 1.2 Commercial dispute resolution 1.2.1 Negotiation between parties The form of dispute settlement by negotiation between the parties can be understood as a form of dispute settlement through the parties voluntarily discussing, agreeing, self-arranged, and resolved arising disagreements to eliminate disputes without the assistance or judgment of any third party The outcome of the dispute settlement method by negotiation between the parties will depend on the agreement of the parties involved 1.2.2 Conciliation between the parties Mediation is a form of dispute settlement between parties by an agency, organization or individual chosen by the parties to act as a mediator In Clause 1, Article of Decree No 22/2017/ND-CP2, the specific concept is defined as follows: “Commercial mediation is a method of commercial dispute resolution agreed upon by the parties and approved by a commercial mediator Acting as a mediator to assist in the settlement of disputes as prescribed in this Decree” The principles of dispute settlement by commercial mediation are specified in Article of Decree 22/2017/ND-CP3, specifically as follows: (1) Disputing parties participating in mediation are completely voluntary and equal in terms of rights and obligations Article of the 2005 Commercial Law Clause 1, Article of Decree No 22/2017/ND-CP Article of Decree 22/2017/ND-CP (2) Information related to the mediation case must be kept confidential, unless the parties agree in writing or otherwise provided for by law (3) The content of the agreement does not violate the prohibition of the law, does not violate social ethics, does not shirk obligations, does not infringe on the rights of a third party 1.2.3 Dispute settlement by commercial arbitration Commercial arbitration is a method of dispute settlement agreed by the parties and conducted in accordance with this Law (Clause 1, Article of the Law on Commercial Arbitration 2010)4 The principles of dispute settlement by commercial arbitration are specified in Article of the Law on Commercial Arbitration 20105 as follows: (1) The arbitrator must respect the agreement of the parties if such agreement does not violate the prohibition and is contrary to social ethics (2) Arbitrators must be independent, objective, impartial and comply with the provisions of law (3) The disputing parties are equal in terms of rights and obligations The arbitration council has the responsibility to create conditions for them to perform their rights and obligations (4) Dispute settlement by commercial arbitration should be done publicly unless the parties agree otherwise (5) The arbitral award is final 1.2.4 Settlement of disputes by Court Regarding the content of court dispute settlement, the provisions of Chapter II of the 2015 Civil Procedure Code6 clearly state principles including: (1) Comply with the law in civil proceedings (2) The right to request the Court to protect legitimate rights and interests (3) The right to decide and self-determination of the involved parties (4) Equality in rights and obligations in civil proceedings (5) Ensure the right to protect the legitimate interests of the involved parties (6) Judges, people's jurors who hear civil cases, and judges who settle civil cases are independent and only obey the law Clause 1, Article of the Law on Commercial Arbitration 2010 Article of the Law on Commercial Arbitration 2010 Chapter II of the 2015 Civil Procedure Code 5 (7) The Court shall conduct trial in a timely, fair and public manner (8) Ensure impartiality and objectivity in civil proceedings (9) Ensuring the first instance and appellate trial regime (10) Ensuring the validity of court judgments and decisions (11) Ensuring litigation in trial However, according to the Law, there will be cases that are allowed to settle commercial disputes under the authority of the Court For commercial disputes falling under the authority of the Court, Article 30 of the Civil Procedure Code 2015 specifically provides as follows: - Disputes arising in business and commercial activities between individuals and organizations that have business registration with each other for profit purposes - Disputes over intellectual property rights, technology transfer between individuals and organizations and all for profit purposes - Disputes between people who are not members of the company but have transactions on transfer of contributed capital with the company and members of the company - Disputes between the company and its members, disputes between the company and the managers in the limited liability company or members of the Board of Directors, the director or general director of the joint stock company, between the members of the company with each other related to the establishment, operation, dissolution, merger, consolidation, separation, transfer of assets of the company, transformation of the form of the company Other business and commercial disputes, except for cases falling within the authority of other agencies or organizations as prescribed by law 1.3 Commercial Arbitration 1.3.1 Concept Commercial Arbitration is a method of dispute settlement agreed upon by the parties and conducted by the Law on Commercial Arbitration 2010 1.3.2 Arbitration's authority to settle disputes Firstly, disputes between parties arise from commercial activities Secondly, disputes arise between parties in which at least one party has commercial activities Article 30 of the Civil Procedure Code 2015 Third, other disputes between the parties as prescribed by law shall be resolved by arbitration 1.3.3 Dispute settlement procedures by commercial arbitration (1) Filing a lawsuit and accompanying documents (2) Defendant defends himself (3) Establishing the Arbitration Council Step (4) Opening a dispute resolution session (5) Reconciliation 1.3.4 Effect of judgment Pursuant to article 60 of the Law on Commercial Arbitration 2010, the principle of making an arbitral award has two provisions: Firstly, if the majority of votes are not reached, the arbitral award shall be made according to the opinion of the Chairman of the Arbitral Council Secondly, the arbitral tribunal issues the arbitral award by majority vote Thus, the arbitrator's award is the decision of the arbitral tribunal It resolves the entire content of the dispute as well as terminates the arbitration proceedings and is decided by majority vote of the arbitral tribunal 1.3.5 Ensuring the enforcement of the ruling - Right to request enforcement of an arbitral award Upon the expiration of the time limit for enforcement of an arbitral award, if the award debtor does not voluntarily execute it and does not request annulment of the arbitral award as prescribed, the award debtor may the right to make a request to a competent civil judgment enforcement agency - Voluntary enforcement of the arbitral award The State encourages the parties to wish to enforce the arbitral award - Enforcement of the arbitral award Financial judgments shall be enforced in accordance with the law on civil judgment enforcement 1.3.6 The remaining factors 1.3.6.1 Expense According to the provisions of Clause 1, Article 34 of the 2010 Commercial Arbitration Law: - Arbitration fees are revenues from the provision of arbitration services Arbitration fees include: - Arbitrator's remuneration, travel expenses and other expenses for Arbitrators - Fees for expert consultation and other assistance at the request of the arbitral tribunal - Administrative fees - Charges for appointing ad hoc arbitrators of the arbitration center at the request of the disputing parties - Fees for using other utility services provided by the Arbitration Center 1.3.6.2 Time Pursuant to Article 33 of the Law on Commercial Arbitration 2010, the statute of limitations for initiating a lawsuit for dispute settlement by commercial arbitration is as follows: "Article 33 Statute of limitations for initiating arbitration for dispute settlement: "Unless otherwise provided by specialized law, the statute of limitations for initiating a lawsuit according to arbitration procedures is years from the time when lawful rights and interests are infringed" Thus, unless otherwise provided for by specialized law, the statute of limitations for initiating a lawsuit according to arbitration procedures is years from the time when lawful rights and interests are infringed 1.3.6.3 Location In international arbitrations, the determination of "Venue of Arbitration" is especially important according to the laws of the country in which the arbitration is located which will regularly govern the arbitral award procedures The parties have favorable rights about the location of dispute settlement; in case of unfavorable circumstances, the arbitral tribunal shall decide The place of dispute settlement may be within the Vietnamese territory or outside the Vietnamese territory Unless the parties have different disagreements, the arbitral tribunal may hold a meeting at a place deemed suitable for the exchange of opinions among the members of the arbitral tribunal testimonies, consult experts or conduct inspection of goods, property or other documents 1.4 Court 1.4.1 Concept In clause 1, article 102 of the 2013 Constitutional Law, the concept of the Court is explained as follows: "The People's Court is the judicial organ of the Socialist Republic of Vietnam, exercising the judicial power" The organizational structure of the People's Court includes: - Supreme People's Court - High People's Court - People's Courts of provinces and centrally run cities - People's Courts of rural districts, urban districts, towns, provincial cities and the equivalent - Military Court 1.4.2 Authority of the Court 1.4.2.1 What is authority? It's a term used to refer to the scope and limitation of functions, tasks and powers of individuals or state agencies in the exercise of state power as prescribed by law 1.4.2.2 What is the authority of the Court? Authority of the court is determined in the nature of the case Is the right of the court to consider and settle criminal cases, administrative cases, civil cases and other cases as prescribed by law The outcome of the trial is the right to issue judgments and decisions when settling that case The court's final conclusion is enforceable in the state management mechanism 1.4.2.3 Authority of the court Firstly, authority by type of work Secondly, authority of courts at all levels Third, authority of courts by territory 1.4.3 Court Procedures (1) File a petition (2) Assign a judge to review the application (3) Accept the case (4) Conduct mediation (5) Prepare for trial (6) Bring the case to trial at the first instance court 1.4.4 Validation of the Court Can be divided into two types of court judgments: first-instance judgments and appellate judgments First-instance level: According to Clause 2, Article 282 of the Civil Procedure Code 20158, the first-instance judgment or parts of the first-instance judgment that are not appealed or protested against according to appellate procedures are effective legal force from the date of expiration of the time limit for appeals or protests In which, the time limit for appealing against the judgment of the first-instance court is 15 days from the date of pronouncement (according to Clause 1, Article 273 of the Civil Procedure Code 2015)9 The time limit for protesting against the judgment of the first-instance court of the procuracies of the same level is 15 days, of the superior procuracies is month from the date of judgment pronouncement (according to Clause 1, Article 280 of the Civil Procedure Code the 2015)10 Thus, after 30 days from the date of judgment If the judgment is not appealed or protested against, the judgment takes legal effect Appellate level: The appellate court's judgment takes legal effect from the date of its pronouncement (Clause 6, Article 313 of the Civil Procedure Code 2015)11 1.4.5 Execution of the Court's judgment Enforcement of a court's judgment is an act of voluntary execution of a court judgment by the disputing parties or an act of a competent state agency to compel the disputing parties to perform the award according to a set of procedures order and procedures prescribed by law The ultimate purpose of the Court's enforcement activities is to ensure that in fact the contents of the Court's judgments must be implemented, not the applicable legal documents or decisions operating as in the activities of administrative agencies Clause 2, Article 282 of the Civil Procedure Code 2015 Clause 1, Article 273 of the Civil Procedure Code 2015 10 Clause 1, Article 280 of the Civil Procedure Code the 2015 11 (Clause 6, Article 313 of the Civil Procedure Code 2015 10 When receiving the Court's decision, the parties agree to agree to comply with the judgment, that is, the parties voluntarily, by themselves, without the intervention of any individual, organization, or state agency any authority In this case, the disputing parties find that the award is reasonable, in accordance with the wishes of the parties or because they themselves want to maintain a long-term business relationship, or find that it is inappropriate to object to the award In fact, it costs time and money, etc…, so they voluntarily enforce the Court's judgment This is something that the State encourages to 1.4.6 Other factors Time limit for settling commercial disputes at Court: According to Article 203, Article 20 of the 2015 Civil Procedure Code12, depending on the severity and nature of each case, the time limit for adjudication may be from to months Court fees: (1) First-instance civil court costs for non-quota commercial disputes: VND 2,000,000 (2) First-instance court fees for commercial dispute cases with value: Disputed value Court fees From VND 40,000,000 or less 2.000.000 dong From over 40,000,000 VND to 400,000,000 VND 5% of the disputed value From over 400,000,000 VND to 800,000,000 VND 20,000,000 + 4% of the disputed value exceeding VND 400,000,000 From over 800,000,000 VND to 2,000,000,000 VND 36,000,000 VND + 3% of the disputed value exceeding 800,000,000 VND From over 2,000,000,000 VND to 4,000,000,000 VND 12 72,000,000 VND + 2% of the disputed value exceeding 2,000,000,000 VN According to Article 203, Article 20 of the 2015 Civil Procedure Code 11 112,000,000 + 0.1% of the part of the disputed value exceeding VND 4,000,000,000 From over 4,000,000,000 VN 12 CHAPTER II: ISSUES SURROUNDING THE CHOICE OF TRADE DISPUTE RESOLUTION METHOD 2.1 Comparison of commercial dispute resolution methods between courts and arbitration 2.1.1 Alike - Both are forms of dispute resolution in commercial business Article 30: Disputes over business and commerce fall under the authority of the Court (Civil Procedure Code 2015) In Clause 1, it is written: Disputes arising in business and commercial activities between individuals and organizations that have business registration with each other and all have profit purposes Article 2: Arbitration's authority to settle disputes (Law on Commercial Arbitration 2010) In Clause 1, it is written: Disputes between parties arising from commercial activities - All are based on common principles such as: (1) Respecting the parties' right to self-determination: Article 5: Right to decide and self-determination of involved parties (Civil Procedure Code 2015) Article 4: Principles of dispute settlement by Arbitration (Commercial Arbitration Law 2010) Clause says: Arbitrators must respect the agreement of the parties if such agreement does not violate the prohibition and is against social ethics (2) Ensure the independence of the arbitrator Article 12: Judges and people's jurors hear civil cases, judges settle civil matters independently and only obey the law (Civil Procedure Code 2015) Article 4: Principles of dispute settlement by arbitration (Law on Commercial Arbitration 2010) Clause says: Arbitrators must be independent, objective, impartial and comply with the provisions of law (3) The disputing parties are equal in terms of rights and obligations Article 8: Equality in rights and obligations in civil procedures (Civil Procedure Code 2015) Article 4: Principles of dispute settlement by arbitration (Law on Commercial Arbitration 2010) Clause says: The disputing parties are equal in terms of rights and obligations The arbitral tribunal is responsible for creating conditions for them to exercise their rights and obligations 13 2.1.2 Difference Court Economic dispute settlement method Arbitrator Implemented by the state's authority The settlement procedure is conducted by the Court in accordance with the law Courts in the name of the state make judgments and decisions that are obligatory by the parties Through the action of an arbitrator as an independent third party to end the conflict by making an award that is forced by the disputing parties Note: If a dispute has an “Arbitration Agreement” and one party initiates a lawsuit at the Court → the Court must refuse to accept it Note: Arbitration will only resolve disputes when there is an “Arbitration Agreement” (“Arbitration Agreement” must be made in writing before or after a dispute occurs and must not be invalidated) Nature State authority, state nature Non-state (non-governmental) authority s operate as professional social organizations (managed by the Ministry of Justice) Competence Settle disputes and requirements on business and commerce; Bankruptcy of enterprises and cooperatives (see Articles 28 and 29 of the Civil Procedure Code 2015) To settle business and commercial disputes (see Article of the Law on Commercial Arbitration 2010) Organizational Established and operated as a structure system, there is a close procedural relationship between the trial levels Organized in the form of arbitration centers, which exist and operate completely independently of each other Regulatory arbitration (in addition, there is ad hoc arbitration) Procedural - Many levels of trial - Trial time - Principles of collective trial (1 - The composition is decided 14 judge and people's jurors) - Public trial - Territorial authority - Conciliation is also a mandatory procedure conducted when the Court decides -Procedures in accordance with the law on Civil Procedure by the parties (1 or >1) If no agreement is possible then the panel will be arbitrators - Confidential hearing (avoid questioning) The subject of the enterprise is presented in public they) - Do not attach importance to territorial issues (rights) free choice of the parties) - Combine the element of agreement and authority - Procedures according to the provisions of the Law on Weight commercial property and the regulations of the Arbitration Center Note: The Law on Arbitration TM allows the Arbitration centers are issued rules appropriate arbitration proceedings Only when not with or without agreement, new application of the Law on Arbitration Judgment validity Judgment is guaranteed by the coercive power of the state Highly enforceable 15 Has no coercive effect like a judgment or decision of a Court but is guaranteed by state agencies for its enforcement In addition, during the proceedings, the arbitrator is supported and supervised by the Court An arbitral award may be annulled by the Provincial People's Court if it falls into one of the cases prescribed by law (Article 68 of the Law on Commercial Arbitration 2010) Court fees Regulated by the State According to the arbitration fee schedule and as agreed Applicable law Civil Procedure Code 2015; Law on Civil Judgment Execution 2008 (amended and supplemented in 2013) Law on Commercial Arbitration 2010 + Decree 63/2011/ND-CP detailing a number of articles of the Law on Commercial Arbitration + Law on enforcement of civil judgments + Separate regulations of each arbitration institution 2.2 The role of arbitrators and courts in practice 2.2.1 The role of commercial arbitration Arbitration procedures applied to disputes in commercial activities are simpler, the parties can be proactive about the time and place of dispute settlement to help speed up the dispute settlement time; Arbitration procedures not go through as many levels of trial as in courts, thus saving time and money for businesses Having the right to choose an arbitrator to settle disputes, allowing to choose experts with expertise and practical experience in the dispute, reputable in the industry to become arbitrators to settle disputes of the Company parties, ensuring the quality of dispute resolution (insurance disputes, disputes about stocks and securities; construction disputes, ) Respecting the confidentiality of information (confidentiality) for the whole process, the arbitration session is also conducted in public The authority of the arbitral tribunal is established based on the voluntary agreement of the parties and does not depend on state power More flexible, more flexible (allowing the use of foreign languages, applying appropriate foreign laws, etc.) to settle disputes involving foreign elements The arbitral award is similar to the court's judgment, which is final and binding on the parties 2.2.2 Role of the court The court has a different role from commercial arbitration because the form of dispute resolution in commercial activities is much more complicated than that of 16 specific commercial arbitration, the court also handles it almost like arbitration The only difference between commercial arbitration is that the court has higher procedures than commercial arbitration, which is: - Appointment of Arbitrators; - Change of Arbitrator; - Apply, change or cancel provisional emergency measures; - Cancel the arbitral award According to the Law on Commercial Center, the supporting role of the Court for commercial arbitration is established comprehensively and more fully, reflected in the following issues: * For the change of Arbitrator: According to Clause 3, Article 43 of the Law on Commercial Centers, the Court only supports the change of Arbitrators in cases where the remaining members of the Arbitral Tribunal cannot decide or if the Arbitrators or the sole Arbitrator from refuse to settle the dispute Reviewing complaints and settling complaints about the arbitral tribunal's decision on authority In case of disagreement with the arbitral tribunal's decision on competence, one or the involved parties may appeal this decision to the Court In case if the Court decides that the dispute is not within the authority of the Arbitral Council, the involved parties have the right to initiate a lawsuit to a competent Court according to general procedures * About summoning witnesses: This is a new provision of the Law on Trade Centers According to the provisions of Article 48, the arbitral tribunal has the right to summon witnesses to the meeting If the witness does not come, the arbitration council may request the competent court to summon the witness to the meeting according to the provisions of the Civil Procedure Code *About the procedure for applying provisional emergency measures: According to the Law on Commercial Center, the arbitral tribunal has the right to apply temporary emergency measures at the request of one or the involved parties This is a new provision compared to the 2003 Ordinance on Commercial Arbitration However, it should be noted that the Arbitral Tribunal only has the power to decide to apply some of the provisional urgent measures listed in Article 49 of the Law on Commercial Arbitration The Law on Commercial Centers and the 17 Arbitration Council can only issue a decision to apply provisional urgent measures after the Arbitration Council has been established Other cases implemented by the Court Therefore, when requesting the application of provisional urgent measures, the parties should pay attention to send the request to the right competent authority In fact, the Law on Commercial Center has foreseen and demarcated the scope of authority to apply provisional urgent measures between the Arbitral Tribunal and the Court in order to avoid conflicts of authority , but still ensure the principle in all matters in cases where both parties can make a request for application of provisional urgent measures to protect their legitimate rights and interests The principle of the Law is that if the Arbitral Tribunal has applied a provisional urgent measure, the Court will refuse, unless the contents are not within the authority of the Arbitral Tribunal If the Court has applied provisional urgent measures, the Arbitral Tribunal must refuse *Register for arbitration award of the case: This is a new regulation with the 2003 French Commercial Arbitration Order According to Article 62 of the Law on Commercial Centers, the court where the ad hoc arbitration council settles a dispute is responsible for registering the ad hoc arbitration award when there is a request for an ad hoc arbitration award or disputing parties *Cancel the arbitral award: The court where the arbitral tribunal has made the award has the authority to consider and cancel the arbitral award according to the provisions of Clause 2, Article 69 of the Law on Commercial Centers at the request of one or the disputing parties In the context of the market economy, economic disputes are a regular attribute Therefore, there is a need for competent authority s to resolve increasingly complex and complex business and commercial disputes Along with the growth of economic courts in the people's court system, commercial arbitration centers have also developed With Arbitrators with extensive experience in their profession, who are leading experts in the industry, we believe that the Vietnam International Arbitration Center in particular and the system of commercial arbitration centers in general will constantly grow to meet the needs of the international community meet the new requirements of the country With the authority to act as a judicial body in the name of the State, the Court will coordinate with commercial arbitration centers to ensure the settlement of disputes over commercial business according to the competence prescribed by law 18