On May 30, 2024, Seminar on “Current situation and orientation, solutions to improve the law on resolving business and commercial disputes by mediation and arbitration in Vietnam” took place in Hanoi. Lawyer Nguyen Hung Quang – President of Vietnam International Commercial Mediation Center (VICMC) was invited to present and exchange opinions at the Seminar.
The conference was chaired by Dr. Truong The Con – Deputy Director of the Academy of Justice. In addition, there was the participation of Prof. Dr. Le Hong Hanh – Vice Chairman of VIAC Council, Editor-in-Chief of Law and Development magazine; Dr. Phan Huu Thu – Former Director of the Judicial Academy and delegates from universities, arbitration centers, mediation centers, and law firms interested in the field of alternative dispute resolution (ADR).
In his presentation, Lawyer Nguyen Hung Quang raised that resolving commercial disputes through mediation is becoming a trend in the world. However, in Vietnam, although this method is “encouraged” by the Government through Resolution No. 49-NQ/TW dated June 2, 2005 of the Politburo on Judicial Reform Strategy until 2020; stipulated in the 2015 Maritime Code, 2005 Commercial Law, 2014 Construction Law, most recently the 2024 Land Law; or the provisions in Vietnam’s new generation of international free trade agreements, the current situation of resolving business and trade disputes through mediation still faces many limitations.
The presentation analyses the current situation of market demand and the ability of the team of professional commercial mediators, the awareness of businesses and lawyers about this method is not high, some legal regulations related to commercial mediation activities are still unclear…
According to Lawyer Quang, to be able to resolve problems and inadequacies from the market as well as from legal regulations, the Government needs to take the following measures:
- The Judges at Courts at all levels have knowledge and understanding of commercial business and alternative dispute resolution mechanisms;
- The 2015 Civil Procedure Code needs to be amended in the direction that the Provincial Court is the Court with authority to recognize the application for mediation results;
- Develop a team of commercial mediators in a professional manner through requirements to participate in mandatory training and courses;
- Research and develop a set of framework rules on ethics and conduct of mediators of mediation centers;
- Amend the legal regulations so that the time for resolving disputes by commercial conciliation is not included in the statute of limitations for initiating lawsuits and the duration of proceedings;
And in particular, it is necessary to study and summarize commercial mediation activities according to Decree 22/2017/ND-CP to be able to develop a Law on commercial mediation as well as pay attention to the possibility of Vietnam joining the Singapore Convention.
In addition, issues related to commercial arbitration in Vietnam were also discussed at the Seminar. The participants stated that the arbitration method is having great developments and is bringing many economic and social development values to the country. However, the current commercial arbitration law still has some limitations on arbitration agreements; competence to resolve disputes of Commercial Arbitration; on interim emergency measures in arbitration proceedings and the emergency arbitrator mechanism; grounds for annulment of arbitration awards…Therefore, it is necessary to improve the arbitration institution.
The Seminar had partly summarised the current situation of mediation and arbitration activities in Vietnam and raised many suggestions for amendments. Hopefully, in the future, dispute resolution methods in general and mediation in particular will continue to develop in business community in Vietnam.
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