DETERMINATION OF THE LAW APPLICABLE TO THE CONTRACT IN DISPUTE RESOLUTION IN THE TRADE DEFENSE

Abstract

This article clarifies the determination of the law applicable in the settlement of international commercial contract disputes in arbitration under Vietnamese law and international law. Based on what the article focuses on determining which law applies to the contract, the need to determine the law that applies to international trade contracts. At the same time, the principles determining the rules applicable to arbitration are also analyzed in two ways: Arbitrators determine the applicable law as agreed by the parties and the parties do not agree. The article tried to communicate and illustrate by handling actual arbitration through a number of cases of disputes over international sales contracts.

            Through this analysis and evidence, we find that, from a legal and practical perspective, the determination of the law applied in resolving disputes in arbitration often tends to be much more extensive (compared to National courts), because the referees are not required to choose a national legal system to resolve disputes (like courts).