Abstract

This article provides a comprehensive analysis of the legal grounds for setting aside arbitral awards in Vietnam under the 2010 Law on Commercial Arbitration. It examines and evaluates these grounds, with particular emphasis on awards that are “contrary to the fundamental principles of Vietnamese law,” which remains one of the most controversial grounds in practice. The article also compares Vietnamese law with international standards, particularly the UNCITRAL Model Law on International Commercial Arbitration and the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and analyzes cases in which Vietnamese courts have set aside arbitral awards. Based on this analysis, the article proposes recommendations for improving the relevant legal framework and enhancing the effectiveness and reliability of commercial arbitration in Vietnam.

Keywords: Commercial arbitration, final and binding arbitral awards, fundamental principles of Vietnamese law, setting aside arbitral awards, UNCITRAL Model Law.