ABSTRACT

The Application of the CISG in Vietnam in the Last Four Years: is the Devil You Know Better Than the Angel You Don’t Know?

Author: Minh Hang NGUYEN, Trung Nam NGUYEN, Cong Anh Bao HA

Type: Article

ref: 52021617-658

N0:5 of 2021

Pages: 617-658

This research aims to critically analyse the application of the CISG in Vietnam since Vietnam's accession to the CISG and the Convention came into force in Vietnam in 2017. Through analysis of legal documents, cases analysis and socio-legal research, this research provides insights of the application of the CISG in Vietnam in arbitration and courts in the period between 2017-2020, and from the findings of this research, the authors suggest that both arbitrators and courts in Vietnam have not properly applied the CISG, and that the commercial lawyers, a key player in the application of the CISG, do not have sufficient knowledge of the CISG and thus are not in favour of applying it in their practice. This report is structured in four parts: the first part summarises the development history of the CISG and Vietnam's participation process, as well as the concerns about the Convention and hence the rationale for this research. The second part describes the research design, methodology and limitation. The third part explains and comments on the findings of the study. Finally, the authors make some conclusions and suggestions based on the research findings.