Determinants of Commercial Arbitration Selection to Resolve Disputes: Insights from Vietnamese Managers

Development summary

The Journal of International Arbitration article by Long Tran Viet and Hai Phan Thanh examines the factors influencing the selection of commercial arbitration by Vietnamese businesses that have arbitration agreements. On the basis of interviews with 480 managers across five managerial levels in businesses operating in Vietnam’s leading arbitration centres, the authors report that the decision to choose a commercial arbitrator is indirectly shaped through intention by five arbitrator-related factors: legal expertise; reputation, knowledge and experience; the time and cost of dispute resolution; the litigation process; and the business manager’s risk perception of the dispute. The study also finds that managerial level does not significantly alter the relationship between intention to choose a commercial arbitrator and actual selection.