Abstract

Based on an examination of the role of arbitration and the principle of freedom of agreement, this article evaluates the legal provisions governing the form of arbitration agreements, the jurisdiction of Vietnamese arbitration over international disputes, and the legal consequences of invalid arbitration agreements. The article identifies several shortcomings, including the lack of clarity regarding the written-form requirement, uncertainty concerning the scope of disputes relating to the carrier’s liability for damages, and limitations in the legislative technique governing invalid arbitration agreements. On this basis, the article proposes recommendations for legal reform aimed at enhancing the transparency, consistency, and effectiveness of arbitration in disputes arising from the carriage of goods by air.

Keywords: Air carriage, commercial arbitration, contract of carriage, dispute resolution.