,

PRACTICE IN COMMERCIAL MEDIATION AND COMMERCIAL ARBITRATION ACTIVITIES; SOLUTIONS FOR DEVELOPMENT 

On July 9, 2025, Lawyer. Mediator. Nguyen Hung Quang – President of the Vietnam International Commercial Mediation Center (VICMC) participated in presenting at the scientific conference named”Solutions to ensure the effectiveness of the policy of continuing to socialize a number of judicial and judicial support activities to meet the requirements of Resolution No. 27-NQ/TW” organized by the Institute of Strategy and Legal Science, Ministry of Justice.

The conference was chaired by Mrs. Le Thi Thieu Hoa, Deputy Director of the Institute of Strategy and Legal Science, and received the participation of experts: Mrs. Tran Thu Huong, Deputy Director of the Department of Organization and Personnel; Mrs. Nguyen Thi Mai, former Deputy Director of the Department of Judicial Assistance; Mr. Dao Duy An, General Secretary of the Vietnam Notary Association and representatives of other agencies and units.

At the conference, Lawyer Nguyen Hung Quang shared about the context of cases resolved by arbitration in Vietnam in relation to the United States, the conventions that Vietnam has participated to show that dispute resolution by arbitration is gradually being applied in many fields and being popular in the world and in Vietnam. Regarding commercial mediation, there are currently 176 economies with different legal systems accepting voluntary mediation activities and Vietnam, with the Party’s policies and guidelines, has been gradually making commercial mediation popular in the business environment. In addition to traditional methods, online dispute resolution (ODR) has been deployed on information technology platforms in recent years. This practice requires Vietnam’s legal regulations on ODR to be suitable for the current requirements of e-commerce.

In addition, Lawyer Quang also pointed out the challenges for commercial mediation and commercial arbitration activities, thereby proposing solutions related to: the market and the ability to respond of of mediators and arbitrators; challenges to the quality and professionalism of mediation and arbitration activities (training of expertise, ethical qualities); the legal framework and mechanism to ensure the development of mediation and arbitration; the management and support of the state in building legal regulations, support, propaganda and professional guidance,… And especially, it is necessary to study to upgrade Decree 22/2017/ND-CP into the Law on Commercial Mediation. In addition, Vietnam should also learn from France’s experience in regulating that cases must go through mediation, even when the parties do not stipulate in the contract; if the parties do not stipulate, the court will not accept the case.

In addition to the content on the current status of institutionalizing the policy of socializing some judicial and judicial support activities, including commercial mediation and commercial arbitration, the conference also received papers and opinions on the topics of: Notary activities in the process of socializing public services in Vietnam; Socializing civil enforcement in Vietnam and some issues raised.

Secretariat

Các bài viết trước

CUSTIOMS IN INTERNATIONAL TRADE

Promoting the development of international trade is a trend in countries around the world; therefore,  international trade contracts are increasingly popular and widely used. However, in international trade, the  parties are from various countries that under the same contract, which causes differences in the application of regulatory laws as well as differences in the way the law is applied when resolving disputes. So in those cases, what do businesses need to keep in mind when entering the market?

Training program on PPA organized by ERAVCTED on October 12-13, 2023

Training program on PPA organized by ERAVCTED on October 12-13, 2023, coordinated with Bitexco Energy Joint Stock Company (Bitexco Power) on “Construction investment, Operational management of power plants and contract dispute resolution, legal issues arising during the implementation of electricity purchase contracts” with the offline and online participation of senior experts and Bitexco Power staves.

Leave a Comment