INTERNATIONAL COMMERCIAL ARBITRATION IN LAOS, THAILAND AND VIETNAM: COMPARATIVE PERSPECTIVES IN THE LIGHT OF THE UNCITRAL MODEL LAW, AND THE REFERENCE TO THE ARBITRATION LAWS OF ENGLAND AND PEOPLE’S REPUBLIC OF CHINA.
Chapters One and Two highlight the importance and provide for a definition of party autonomy in international commercial arbitration. The theoretical background and the practice in each jurisdiction in question are discussed and the advantages of arbitration in comparison with litigation are presented.
Chapter Three focuses on arbitration agreement. Three stages regarding the issue of validity of such agreements are distinguished.
Chapter Four looks at the selection of arbitrators and the criteria for such a choice.
Chapter Five deals with arbitral procedure; both ad hoc and institutional arbitration in the jurisdictions in question is discussed.
Chapter Six addresses choice of law issues. Particular attention is paid on choice of substantive law and on lex arbitri.
The thesis finally make critically evaluates the arbitration systems in Laos, Thailand, Vietnam and assesses their compatibility with the Model Law and the international standards set by the UK and the US practices. References are also made to the Chinese multi-jurisdictional arbitration system, but are rather limited.
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