Judicial interference at various stages of the arbitral tribunal’s jurisdiction

Abstract

The paper seeks to examine Vietnam's arbitration provisions, focusing on the judicial interference at various stages of the arbitral tribunal’s jurisdiction (including the formation, validity and enforceability of the arbitration agreement) in the arbitration process and its limits of intervention. Employing the comparative law method with a focus on French jurisdiction, this paper offers recommendations to reform Vietnam’s arbitration law with a view to developing the judicial system in which the Courts provide maximal support but minimal interference in arbitral proceedings