Independence of Arbitral Tribunals and Fair Procedure: Two Missing Puzzle Pieces of Vietnamese Law on Commercial Arbitration
The independence of arbitral tribunals and the guarantee of fair procedures are critical elements in the effectiveness and credibility of commercial arbitration. However, Vietnamese law on commercial arbitration, particularly under the Law on Commercial Arbitration (LCA), lacks robust provisions that ensure these principles are upheld. The independence of arbitral tribunals is essential to foster confidence among parties in the arbitration process. In Vietnam, the appointment of arbitrators may be influenced by external factors, including the potential involvement of local courts or the prevailing influence of business interests, which can compromise the impartiality of the tribunal. This lack of independence raises concerns about the validity of arbitration outcomes and undermines the attractiveness of Vietnam as a venue for international arbitration.