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INTERNATIONAL LAW AND VIETNAMESE LAW ON MEDIATION; PROSPECTS FOR DEVELOPMENT OF MEDIATION

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The seminar concluding the series of events cooperated with foreign experts at the International Centre for Interdisciplinary Science and Education (ICISE) – Quy Nhon on July 12, 2025 continued to receive the participation of representatives from Vietnam International Commercial Mediation Center (VICMC), the European – Vietnam Legal Cooperation Association (ACJEV), the French Embassy in Vietnam, the International Committee on Mediation (CIM), the Comparative Law Society (SLC) and the Vietnam Committee of the Paris Bar Association. In addition, there was the participation of the Ho Chi Minh City Bar Association, the Quang Ngai Bar Association, the Binh Dinh Bar Association and a number of lawyers from the Central provinces.

The representative of VICMC are Assoc.Prof.Dr. Nguyen Minh Hang – Secretary General of VICMC and Assoc.Prof.Dr. Nguyen Ngoc Ha – Mediator of VICMC participated and shared at the seminar.

In his presentation, Assoc.Prof.Dr. Nguyen Ngoc Ha presented the legal basis related to mediation in the WTO dispute settlement mechanism; the current status of mediation procedures, compared with the official dispute settlement procedures of the WTO, the recent reforms of the WTO on mediation procedures and the possibility of mediation being used by WTO members when the dispute settlement mechanism of this organization is in crisis.

Continuing the seminar, Assoc.Prof.Dr. Nguyen Minh Hang introduced the legal framework on commercial mediation in Vietnam and in countries around the world. In particular, the UNCITRAL Model Law on Mediation has been referenced and applied by 33 countries, including countries following the civil law system and the common law system or mixed systems. Mediation is a method of resolution that is supported by the majority in countries around the world and in a number of fields, including international investment disputes ISDS. In Vietnam, this method still faces some challenges; however, current policies is gradually bringing opportunities to develop this method such as: The Government has a policy to encourage commercial mediation activities; many activities promote the recognition of commercial mediation (seminars, competitions on mediation for students, training on mediation); Vietnam is in the process of evaluating and considering the possibility of joining the Singapore Convention; online mediation of e-commerce disputes.

In addition, Assoc.Prof.Dr. Nguyen Minh Hang emphasized the role of lawyers in each stage of mediation process and the mediation profession in Vietnam. In the future, mediation lawyers – lawyers who will accompany clients to support clients in finding friendly and peaceful dispute resolution solutions will increasingly develop.

The series of events exchanging experiences between Vietnamese and foreign experts on mediation has provided knowledge and lessons for the improvement of mediation in Vietnam. VICMC hopes to continue to collaborate with units to have similar useful series of discussions.

Secretariat

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