A Comparative Study On Judicial Supervision System Of International Commercial Arbitration In China And Vietnam

The judicial supervision of international commercial arbitration which resolve the boundary issue between arbitration and justice is one of the main components of the legal system of international commercial arbitration.With the deepening of the globalization and the continuous increase of international trade,the number of commercial disputes across borders has been increasing day by day,and commercial arbitration has become the main dispute resolution method.Hence,countries around the world have begun to speed up the construction of an "arbitration-friendly" legal system,and judicial supervision of international commercial arbitration has become a hot area of legal research.Looking at the course of development of China's commercial arbitration legal system,we can draw a conclusion that China has made great achievements in the development of the commercial arbitration legal system.However,as a post-hair nation that does not have an arbitration legal tradition,There are still many deficiencies in the legal system of commercial arbitration in China,and there are many places worth learning and learning from other countries.This is also true in the judicial supervision system of international commercial arbitration.Vietnam,as a neighboring country with China,has the same legal tradition due to historical reasons.After entering the modem society,the two countries are also socialist countries and there are similarities in many aspects such as the concept of legislation,the style of legislation,and the setting of organs and departments.However,after implementing the policy of opening to the outside world,Vietnam has made great achievements in the modernization of the legal system.Therefore,this article will make a comprehensive comparison between Vietnam and China's respective judicial systems for international commercial arbitration.The author believes that the judicial supervision system of international commercial arbitration should be supported by arbitration as the primary starting point,and the institutional setting should fully reflect the characteristics of high efficiency,economy,and autonomy of arbitration.This will inevitably require the judicial supervision system of international commercial arbitration to hold.Moderate supervision principles to avoid excessive involvement of judicial power in arbitration.A comparative analysis of relevant systems in both countries shows that both countries have their advanced nature in the judicial supervision system for international commercial arbitration,but there are also areas for improvement.How to improve these defects and promote the development of the arbitration industry is the the key to the revision of laws in the future.