Building Institutions for the Recognition and Enforcement of the Results of Commercial Dispute Settlement with Foreign Elements in Vietnam : Impacts of Globalization and Integration

Globalization, integration, and legal harmonization have grown rapidly, and Vietnam cannot be unengaged. Countries and international organizations have tried to develop and perfect many regulations on recognition and enforcement of commercial dispute settlement results with foreign elements. This effort aims at the legal harmonization in countries to enable individuals and organizations to believe in the enforceability of settlement results through their choice of international commercial dispute resolution methods. This paper seeks to contribute to the existing literature by focusing on the international experience in the process of globalization and harmonization of laws on the recognition and enforcement of the results of commercial dispute settlement with foreign elements and its impact on the changes in the Vietnamese legal system from 1975 until now. The paper proceeds as follows. Part I starts by presenting the theory of recognition and enforcement of commercial dispute settlement results with foreign elements. Part II explores the global trend of legal unification and legal harmonization of institutions that recognize and enforce commercial dispute settlement results with foreign elements. Part III analyzes the process of legal unification and legal harmonization of recognition and enforcement of commercial dispute settlement results with foreign elements in the Vietnamese legal system from 1975 until now