Tài liệu Dispute resolution by arbitration in england experience for vietnam

HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF INTERNATIONAL LAW -----------***----------- NGUYỄN PHẠM MỸ NGỌC STUDENT ID: 1853801013128 DISPUTE RESOLUTION BY ARBITRATION IN ENGLAND EXPERIENCE FOR VIETNAM BACHELOR THESIS School year: 2018 - 2022 Supervisor: Ph.D Phan Hoài Nam Ho Chi Minh City – Year 2022 HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF INTERNATIONAL LAW -----------***----------- NGUYỄN PHẠM MỸ NGỌC STUDENT ID: 1853801013128 DISPUTE RESOLUTION BY ARBITRATION IN ENGLAND EXPERIENCE FOR VIETNAM BACHELOR THESIS School year: 2018 - 2022 Supervisor: Ph.D Phan Hoài Nam Ho Chi Minh City – Year 2022 DECLARATION I declare that this thesis is the result of my research, which is implemented under the supervision of Ph.D Phan Hoai Nam, ensures honesty, and complies with rules and regarding quotation of the note of references. Therefore, I hereby take full responsibility for this declaration. LIST OF ABBREVIATIONS ADR Alternative Dispute Resolution LCIA London Court Of International Arbitration New York Convention The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) UNCITRAL United Nations Commission on International Commercial Law VIAC Vietnam International Arbitration Center WTO World Trade Organization (WTO) TABLE OF CONTENTS 6 INTRODUCTION 1. Problem statement 1 2. Literature review: 6 3. Purpose of the study 10 4. Objectives and Scope of the Study 12 4.1 Objectives of the study 12 4.2 Scope of the study 12 5. Research methodologies 14 6. Thesis structure 15 CHAPTER 01: OVERVIEW OF ARBITRATION 16 AND DISPUTE RESOLUTION BY ARBITRATION UNDER ENGLISH LAW 16 1.1 Theoretical issues relating to dispute resolution by arbitration 16 1.1.1 Definition of arbitration 16 1.1.2 Characteristics of dispute resolution by commercial arbitration 20 1.1.3 Types of arbitration 29 1.1.4 The role of arbitration Error! Bookmark not defined. 1.2 Dispute resolution by arbitration under English law 1.2.1 The history background of Arbitration Act in England 1.2.2 Regulations on arbitration agreement 36 36 39 1.2.3 Regulations on arbitral proceeding 46 1.2.4. Regulations on arbitral award 49 1.3 The London Court of International Arbitration (LCIA) CONCLUSION CHAPTER 01 53 55 CHAPTER 02 PRACTICAL APPLICATION OF LAW ON ARBITRATION IN ENGLAND AND RECOMMENDATIONS FOR VIETNAM 57 2.1 Practical application of law on arbitration in England governing arbitration agreements and recommendations for Vietnam 57 2.1.1 Caselaw: Heifer International Inc v Helge Christiansen & Ors 57 2.1.2 Experience from England and recommendations for Vietnam 60 2.2 Practical application of law on arbitration in England governing arbitral proceedings and recommendations for Vietnam 67 2.2.1 Case Law: Atlas Power v National Transmission 67 2.2.2 Experience from England and recommendations for Vietnam 70 2.3 Practical application of law on arbitration in England governing arbitral awards and recommendations for Vietnam 76 2.3.1 Caselaw: Westacre Investments INc v Jugoimport SPDR Holding Co. Ltd 76 2.3.2 Experience from England and recommendations for Vietnam 78 CONCLUSION CHAPTER 2 87 THESIS CONCLUSION 88 INTRODUCTION 1. Problem statement Arbitration was practiced during Marco Polo’s time during the 1200 as well as amongst the Phoenician and Greek traders during the third millennium B.C. around 300 BC.1 In the trend of globalization and economic integration, the wave of dispute resolution by arbitration in developed and developing countries is rising rapidly. In multinational deals, arbitration continues to be the primary dispute resolution method. In 2019, 89% of cases were resolved in London. Statistics from the London Court of International Arbitration (LCIA) reflect the arbitration activity in London.he number of arbitrations submitted to LCIA in 2019 hit a record high (406). LCIA has not yet released the 2020 annual case report, but the report stated that there has been an increase in new cases in the first quarter of 2020. It is predicted in the media-the prolonged COVID19 crisis “will undoubtedly lead to more cases”.2 Due to restrictions on travel and face-to-face meetings, a major impact of the COVID19 pandemic is the shift towards virtual audiences. London is not only home to one of the oldest and leading arbitral institutions, the London Court of International Arbitration (LCIA), and the prominent London Maritime Arbitrators Association (LMAA), it was also found to be the preferred seat in the 2021 1 Melisa Oleschuk, “The history of arbitration in the United Kingdom, the United States and its evolution into an international mechanism”, May 16 2020, The History of arbitration in the United Kingdom, the United States and its evolution into an international mechanism. (linkedin.com) (access 27/6/2020). 2 Muskaan Rawat, “Recent trends in commercial arbitration in the UK”, 2021, Recent trends in commercial arbitration in the UK | VIA Mediation Centre (access 27/6/2022). 1 International Arbitration Survey3 where 54% of respondents chose London as their preferred seat. Whilst this varied by region, London was the top choice for respondents from Africa (69%), Europe (76%), Middle East (78%) and North America (66%).4 Commercial conflicts are growing more and more often and have a very complex nature due to the fervor and competitiveness of the industry. Due to the need to respect the right to choose one's own method of dispute resolution, the legislation governing commercial dispute settlement must be created to suit these needs. Respect the parties' agreements, resolve disputes promptly, cheaply, and efficiently, and make sure the judgments and decisions of the conflict settlement agency are followed. In Vietnam, the economic arbitration system was established in the context of a centralized, bureaucratic and subsidized economy. This system is set up from the central to the district level and operates almost like a court trial. Until the 1990s, over nearly 30 years of operation, economic arbitration had revealed its shortcomings and proved ineffective and unsuitable for a market-oriented economy as a result of the policy. reform of our State in the 1990s.5 The commercial arbitration system has been developed as a socio-professional organization since Decree No. 204-TTg dated April 28, 1993 on the 3 Queen Mary University, “2021 International Arbitration Survey: Adapting Arbitration to a Changing World”, 2021, https://arbitration.qmul.ac.uk/research/2021-international-arbitration-survey/ (access 27/6/2022). 4 Fiona Cain Charlotte Mullis, “Arbitration Clauses: 10 reasons why you should consider English Law and a London-seated Arbitration for Dispute Resolution”, April 01 2020, https://www.haynesboone.com/news/alerts/arbitration-clauses-10-reasons-to-consider-english-law-for-disputeresolution, (access 27/6/2022). 5 Dương trọng hậu, “Những chặng đường phát triển của trọng tài thương mại ở Việt Nam” (The development stages of commercial arbitration in Vietnam), Số chuyên đề Pháp luật về Trọng tài thương mại, Tạp chí Dân chủ Pháp luật, Bộ Tư pháp. 2 organization of the Vietnam International Arbitration Center. Ordinance No. 08/2003/PL-UBTVQH of February 25,2 2003, created a unified legal basis for arbitration institutions to operate on the basis of the two Decrees above. In order to serve Vietnam's extensive international integration, overcome the limitations and shortcomings of the Ordinance on Commercial Arbitration 2003, Law on Commercial Arbitration 2010 was approved by the 12th National Assembly, 7th session. dated June 17, 2010, replacing the Ordinance on Arbitration 2003, completed a step on institutional organization and commercial arbitration activities in Vietnam. Law on Commercial Arbitration 2010 was promulgated with many new regulations in line with the Model Law on International Commercial Arbitration of the United Nations Commission on International Commercial Law (UNCITRAL), in line with international practices on arbitration.6 The legal basis for the dispute resolution by arbitration has been promulgated by the State and gradually improved. The Government's Decree No. 63/2001/ND-CP dated July 28, 2011 detailing and guiding the implementation of a number of articles of the Law on Commercial Arbitration (amended and supplemented by Decree No. Decree No. 124/2018/ND-CP dated September 19, 2018) and Resolution No. 01/2014/NQ-HDTP dated March 20, 2014 of the Judicial Council of the Supreme People's Court guiding the implementation of a number of provisions of the Commercial Arbitration Law. In addition, there are provisions of the Civil Procedure Code 2015 on procedures for dealing with business and commercial 6 Đoàn Trung Kiên & Nguyễn Thị Vân Anh, “Giải pháp hoàn thiện pháp luật về trọng tài thương mại ở Việt Nam”(Solutions to perfect the law on commercial arbitration in Vietnam), Tạp chí Nghề luật, 2020, 06/2020, p.7.(The solutions on Vietnamese Law on Commercial Arbitration 2010). 3 matters related to arbitration activities, the Law on Civil Judgment Execution 2008 (amended and supplemented in 2014) provides for the enforcement of arbitral awards. In recent years, the number of arbitration centers, the number of arbitrators, and the number of disputes resolved at arbitration have continuously increased. That contributes to reducing the court's adjudication load, effectively implementing the Party and State's policy on encouraging the settlement of disputes outside the court in the spirit of Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo on Judicial Reform Strategy to 2020. According to statistics, the whole country has 490 arbitrators and 23 commercial arbitration centers. Vietnam International Arbitration Center (VIAC) has 149 arbitrators, accounting for nearly 40% of the total number of arbitrators.The number of dispute cases that the arbitration centers accept to settle has increased by 30% compared to 2011, 2012, specifically by 2017 the arbitration centers have accepted 2,145 cases and issued 1848 arbitral awards, in which the Vietnam International Arbitration Center (VIAC) accepted and settled 226 cases, an average of nearly 60 cases/year.7 In particular, according to the statistics of the Departments of Justice where the arbitration centers are located (Hanoi, Ho Chi Minh City) and the Can Tho Commercial Arbitration Center, in 2018, the arbitration centers accepted 31,831 cases, issued 29/387 judgments.8 7 VIAC, “Thống kê hoạt động giải quyết tranh chấp năm 2018”(Statistics of dispute resolution activities in 2018), 2018, https://www.viac.vn/thong-ke/thong-ke-hoat-dong-giai-quyet-tranh-chap-nam-2018-s32.html (access 27/06/2022). 8 Bộ Tư Pháp, “Số liệu thống kê tính đến ngày 30/11/2019 theo Phụ lục V Báo cáo về hoạt động của trọng tài thương mại của Bộ Tư pháp” (Statistics as of November 30, 2019 according to Appendix V Report on commercial arbitration activities of the Ministry of Justice), 2020, https://sotuphap.hochiminhcity.gov.vn/trong-tai-thuongmai/-/asset_publisher/lbn2TgQGNGeA/content/hoi-nghi-so-ket-thuc-hien-%C4%91e-an-nang-cao-nang-luc-vahieu-qua-hoat-%C4%91ong-cua-trong-tai-thuong-mai-%C4%91en-nam-2020-tai-thanh-pho-ho-chi-minh-va-boiduong-k?_101_INSTANCE_lbn2TgQGNGeA_enableXemTheoNgay=true (access 27/6/2022). 4 In addition to the achievements, the law on commercial arbitration still has many shortcomings in practice. Such deficiencies are associated with not only competent authorities but also enterprises. Firstly, regarding the arbitration agreement, the name of the Law on Commercial Arbitration 2010 does not adequately describe the full scope of its jurisdiction, which may make it difficult for subjects to apply the law, and may even make our law less appealing to investors' investment from abroad. Even for domestic actors, it is simple to assume that the Law on Commercial Arbitration 2010 does not apply to disputes in other particular civil domains without conducting a complete and in-depth analysis of the arbitration law. The Law on Commercial Arbitration authority is overly limited in its application and advocates for expanding the jurisdiction of arbitration to include cases involving civil, labor, and domestic conflicts,... Secondly, with regard to arbitral proceedings, Vietnamese legislators define the seat of arbitration as a geographical location rather than a juridical seat of arbitration. Therefore, when COVID-19 pandemic appears, there is a chance that the online arbitral ruling will not be recognized or enforced in Vietnam and would be revoked for violating the arbitration process. Last but not least, in terms of arbitral awards, any of the following situations will result in the cancellation of an arbitral award: the award violates the fundamental principles of Vietnamese law. Due to its ambiguity, this clause has led to arbitrary annulments of arbitral judgements, which is inconsistent with New York Convention and several developed countries. Thus, this thesis with the topic “Dispute resolution by arbitration under English law and experience for Vietnam” aims to analyze the English Arbitration Act 1996 and current Vietnamese regulations on arbitration in order to provide 5 recommendations based on England, international treaties and foreign countries’ experience. 2. Literature review: As the Law on Commercial Arbitration 2010 came into effect, many studies on the dispute resolution by arbitration have been recorded. At present, there have been many research thesis on the social promotion regime and documents providing and supplementing information and knowledge about this legal issue are relatively various and beneficial. The documents include scientific articles, research thesis of scholars, prestigious international organizations, and qualified researchers in the country. Each document with different scopes, aspects of research, strengths are quality sources, valuable reference for the topic. Some typical thesis can be listed as: Duong Van Hau (2021), “Những vấn đề lý luận và thực tiễn của trọng tài thương mại Việt Nam” (Theoretical and practical issues of Vietnam's commercial arbitration), Justice - Legislative Journal, 17(7). The content of the work includes the main issues (i) Concepts and methods of commercial dispute resolution; (ii) An overview of the history of dispute resolution in Vietnam before the commercial arbitration law; (iii) Current legal provisions on commercial arbitration; (iv) Issues with Vietnamese commercial arbitration. The work provides the author with not only the general theory but also the practice of commercial arbitration in Vietnam. In this paper, the author focuses on analyzing, assessing, and commenting on some breakthroughs on the provisions of the Law on Commercial Arbitration 2010 by comparing with the practices to enlighten the performance of arbitration in reality. The author Duong Van Hau appreciates the progressive changes in Vietnam’s Commercial Arbitration Law. However, the study has not yet been deeply researched on the foreign arbitration, the application’s challenges, and the remaining shortcomings. 6 Chapter 7 International commercial dispute resolution (2017), Textbook on International Trade and Business Law, Publisher Youth Publishing House. In this textbook, the textbook has researched and analyzed general theoretical issues about international trade and business law which are divided into 02 parts: Part 01: International Trade Law; Part 02: International Business Law (including international commercial dispute). However, the textbook only provides a comprehensive overview, not in-depth research on arbitration. After studying the above work, the author has the most general knowledge about international commercial arbitration to analyze more specifically about arbitration. VIAC (2020), Thực tiễn thi hành Luật Trọng tài tại Trung tâm trọng tài quốc tế Việt Nam (Practical implementation of the Law on Arbitration at the Vietnam International Arbitration Center), Publisher VIAC. This document summarizes the current successes and shortcomings in the implementation of the Law on Commercial Arbitration 2010 that Vietnamese international arbitration centers. Through this document, it helps the author to gather the successes and inadequacies of arbitration in 2020. Therefore, the document is for reference only to professional knowledge as well as the actual implementation process. In addition, there are other research paper on arbitration introduced in specialized journals, notably Nguyen Thi Hoa (2021), “Hoàn thiện pháp luật trọng tài ở Việt Nam hiện nay” (Completing the arbitration law in Vietnam today), Research - Legislative Journal, 17(7)). The paper outlines the inadequacies of arbitration in Vietnam, then compares it with foreign laws and gives lessons learned to improve Vietnamese law. The recommendations of this paper help the author have an overview of arbitration in Vietnam as well as orient the article to be more objective. 7 Do Van Dai (2018), Pháp luật trọng tài thương mại (Commercial Arbitration Law), Publisher Hong Duc, Ha Noi. This monograph provides the author with an overview of the issue of arbitration: (i) The concept of commercial arbitration; (ii) Arbitration characteristics; (iii) The analysis of judgments is difficult and takes a long time. Besides, the article also uses and cites many other judgments to clarify some legal issues related to arbitration. For the convenience of monitoring, when a judgment has many different legal issues, the curriculum is divided into different topics, so a judgment sometimes appears in two or more different topics. The appendix at the beginning allows readers to know the important topics including two parts in which Part I deals with the case of agreement to select Vietnamese arbitration and Part II deals with the case of agreement on selection of foreign arbitrators. However, this monograph does not analyze the details of arbitration agreement, arbitral proceedings, and arbitral awards. Besides the works with direct research on this issue, there are many works on arbitration. Among them, it can be mentioned as the chapter “Trọng tài thương mại”, Giáo trình Luật thương mại quốc tế (Commercial Arbitration - International Commercial Law Textbook of Ho Chi Minh City Law University; the paper “Trọng tài thương mại quốc tế và vấn đề áp dụng” (International Commercial Arbitration and its Application) of Ngo Quoc Chien and Nguyen Hoang Anh (2021) publisher Research & Legislative Research, (7); bachelor thesis “Các biện pháp khẩn cấp tạm thời trong luật trọng tài thương mại tại Việt Nam và kinh nghiệm từ nước ngoài” (Interim urgent measures in commercial arbitration law in Vietnam and experience from abroad) of Dang Quoc Chuong (2014); bachelor thesis “Pháp luật về thẩm quyền của trọng tài thương mại” (Law on jurisdiction of commercial arbitration) of Bui Thi Yen Trinh (2018); the paper “Công nhận và cho thi hành phán quyết trọng tài nước ngoài - kinh nghiệm từ Công ước New York 1958 và Luật Mẫu Uncitral” (Recognition and enforcement of foreign arbitral awards – experience from the 1958 New York Convention and the Uncitral Model Law) 8 of Nguyen Thi Thanh Ngan (2021); Nong Quoc Binh (2018), Đặc điểm của điều khoản thỏa thuận trọng tài thương mại quốc tế và kinh nghiệm cho các bên ký kết (Features of international commercial arbitration agreement terms and experiences for signatories), Publisher Hanoi Law University,... The above research works have the general principles underlying the arbitration. In general, the studies on arbitration in the above documents are of high generality, which is a premise for the study of arbitration in general and this topic in particular.Nigel Blackaby & Martin Hunder (2015), International Arbitration, Oxford. The author has analyzed (i) the overview of international arbitration in detail; forms of arbitration; (ii) arbitration agreement; (iii) applicable law; (iv) establishment and organization of the Arbitral Tribunal; (v) powers, obligations and authority of the arbitral tribunal; (vi) conducting arbitration proceedings; (vii) arbitration in investment agreements; (viii) the arbitral award; (ix) object to the arbitral award; (x) recognition and enforcement of arbitral awards. Accordingly, in addition to providing general theory and legal regulations of different countries in the world, the work also provides judgments related to theoretical issues. From there, the work helps the author to analyze in detail each relevant judgment on arbitration agreements, arbitral proceedings and arbitral awards. Sanders (1997), “Arbitration: Encyclopedia of International and Comparative Law”, U.National BC University Journal, 17(8). This paper provides an overview of the arbitration agreement, arbitral proceedings and arbitral awards, analyzes the calculation formulas, advantages and drawbacks of the arbitration measure. The paper introduces the relevant legislation concerning these regulations in England and the EU. Therefore, through this paper, the author can analyze and compare with Vietnamese Law on Commercial Arbitration 2010. Thus, the author could propose some suggestions to improve the Vietnamese Commercial Arbitration Law relating to the mentioned issues in evaluatitration. 9 Rudolf Kahn (1987), “Arbitration in England and Germany”, A study in Comparative Legislation and Conflict of Law Journal, (27). By analyzing and comparing legal provisions as well as case laws on the definition, jurisdiction, and arbitration agreement in England and Germany. Although the article was researched at the time the Arbitration Act 1996 had not been issued, studies on arbitration agreements and definitions of arbitration in England and Germany can be considered as necessary documents for the author to analyze and expand. O. Kahn-Freund (2018), “Commercial Arbitration and the conflict of law: Recent Developments in England”, U.B.C Law Review, 07(27). The paper expands the overview of arbitration in the and the issues of conflict of law, as well as the development trends of arbitration in England. The study of the document provides a basic understanding of development trends and issues in English law through specific regulations and practices. From there, learning progressive regulations that can be applied to Vietnamese law. Schwab and Walter (2001), The History of Arbitration, Publisher U.B.C Center. This book provides the history of arbitration development of the world in general and many developed countries about arbitration in particular. In addition, this book also explains why arbitration was formed and is evolving. Generally, the above documents, whether directly or indirectly related to the topic, help the author to have an overview of arbitration. Thus, this thesis will attempt to address the issues that have been left unsolved, covered, or discussed from the previous studies. 3. Purpose of the study The topic has one main objective: To research and explain the scientific views, theoretical bases, judgments and legal practices on dispute resolution by arbitration 10 under English law, specifically on the issues of arbitration agreement, arbitral proceedings and arbitral awards in order to improve the legal framework on Vietnamese arbitration law. With the above objective, the research topic will solve the following tasks: Firstly, clarify the basic theoretical issues related to arbitration such as: concepts, definitions, nature, method and role of arbitration). Second, study the history, legal basis and practices of arbitration on matters of arbitration agreement, arbitral proceedings and arbitral awards under English law by reasoning, analyzing legal provisions and judgment under the provisions of the Arbitration Act 1996. Third, evaluate the legal provisions of Vietnam and inadequacies in practical application of these provisions in arbitration, specifically on arbitration agreement, arbitral proceedings and arbitral awards. From there, the author will summarize the shortcomings and unrecognized points from the legal framework of Vietnam and consider progressive aspects from the law of England as well as the UNCITRAL Model Law, the New York Convention, and several developed countries. The last but not least of this study is to recommend contributing to the development and improvement of the legal framework of Vietnam; propose solutions to make these regulations feasible and effectively applied in practice. Thereby, this will create a sustainable legal environment, protecting the legitimate rights and interests of the subject of investment and business, especially when they choose to resolve disputes by arbitration. 11 4. Objectives and Scope of the Study 4.1 Objectives of the study This thesis studies on the dispute resolution by arbitration (including arbitration agreements, arbitral proceedings and arbitral awards). On the basis of the research, the authors present general theories and relevant legal bases, especially issues of conditions on arbitration agreements, arbitral proceedings and arbitral awards under English law. From there, it will serve as a basis for learning from England's experience to apply the recommendations in practice to solve the actual inadequacies in accordance with the political, economic and social conditions of Vietnam. . 4.2 Scope of the study In terms of content: The thesis studies on researching issues related to arbitration, focusing mainly on the provisions of arbitration agreement, arbitral proceedings and arbitral awards under English law. In addition, the thesis also studies on researching, analyzing and evaluating case laws on matters of arbitration agreement, arbitral proceedings and arbitral awards. From there, learning from England's experience on the above issues to improve commercial arbitration law of Vietnam. Regarding space: This thesis is researched based on the study of Vietnamese law and English law. Besides, this thesis also studies the regulations of several developed countries (France, Northern Ireland, Germany, New Zealand,...). The selection of England for research in order to find solutions and recommendations for Vietnamese law comes from the following reasons: The choice of England comes from the fact that England has the most developed economy, attracting many commercial and civil investment and business activity, especially, the trend of current development is the settlement of disputes by arbitration. 12 Without a doubt, one of the most often chosen locations for the seat of arbitration is England and Wales. London's stronghold status is a result of its long and extensive commerce history, which also gave rise to the complex, adaptable, and English common law and the proficiency of English legal professionals, both of which have gained the respect of business parties. English law is founded on sound ideas, respects a contract's autonomy, is open and transparent, and has a predictability of conclusion, legal certainty, and justice that are not always present in other jurisdictions. For arbitrations with seats in England and Wales, the Arbitration Act of 1996 (the Act) is applicable. The Act, which went into effect 25 years ago, drastically altered English Arbitration Act by enhancing party autonomy and reducing judicial intrusion. Although the Arbitration Act 1996 is currently being reviewed, the general consensus is that it is still adequate for its intended purpose and does not require a significant overhaul, although it has been suggested that future legislation to try to improve English Arbitration Act 1996 may address issues like a process for summary dismissal for meritless claims and defenses, guidance on confidentiality, and narrowing the ability to appeal on a point of law. Therefore, the experience from the issues of arbitration agreement, arbitral proceedings and arbitral awards learned from English law will be extremely useful and highly applicable in Vietnamese law practice. In terms of time: The study with the provisions of the law of Vietnam will be conducted on the sources of data collected from 2003 up to now. Due to the fact that the Government's Decree No. 63/2001/ND-CP dated July 28, 2011 detailing and guiding the implementation of a number of articles of the Law on Commercial Arbitration (amended and supplemented by Decree No. Decree No. 124/2018/ND-CP dated September 19, 2018) and Resolution No. 01/2014/NQ-HDTP dated March 20, 2014 of the Judicial Council of the Supreme People's Court guiding the implementation of a number of provisions of the Commercial Arbitration Law. In addition, the study of the legal 13 regulations of some countries was conducted on the sources of documents obtained from the Arbitration Act of several developed countries, especially the Arbitration Act 1996 of England. 5. Research methodologies Throughout the thesis, the author will utilize three main research methods: analytical, comparative, and synthetic. These three research methods are determined not to be set to isolation but in interweavement. The analytical method is conducted primarily in Chapter 1 to research and evaluate the definitions, nature, role of arbitration and the regulations of England's Arbitration Act 1996 on agreement arbitration, arbitral proceedings and arbitral awards. However, it is noted that the analytical method is also applied in Chapter 2 for analyzing the case law in England as well as the regulations of Arbitration Act 1996 and other countries’ legislations on arbitration. The comparative method is implemented for comparing case laws, regulations of Arbitration Act 1996 and the Law on Commercial Arbitration 2010, thereby emphasizing the significance and necessity of the amendment included in the Law on Commercial Arbitration 2010 to the matter of arbitration agreement, arbitral proceedings and arbitral awards. In Chapter 2, the comparative method is essential to be applied in comparing the competition legislation of Vietnam and England to propose recommendations. The synthetic method is used to combine analyses and comparisons, emphasizing the issues that need to be resolved from a legal perspective. From there, learning experience from England and other countries to make recommendations to improve Vietnam's Law on Commercial Arbitration 2010. In addition, the author also used the 14