Recent ADRs Developments in Vietnam
Abstract
Vietnam is still on its way to gain international recognition of its developments in alternative dispute resolution (ADR), with the focus on mediation and arbitration. While arbitration has definitely been on the rise in Vietnam, more time is required for mediation to gain the same. This article shall provide a brief of recent developments of ADR in Vietnam, taking special account to the trend towards the use of different ADR conjunctions.
References
Phan Trong Dat (MCIArb, CEDR Accredited Mediator) is currently the Acting Director of Vietnam Mediation Centre (VMC) which is a division of the Vietnam International Arbitration Centre (VIAC). With more than fifteen years of experience in the field of alternative dispute resolution in various positions at both VIAC and VMC, he has been contributing to the development of not only the Centres in particular but also the ADR field in general.
Dao Nhu Ngoc Linh (LL.M, Qualified Lawyer) is currently a counsel of both VIAC’s Secretariat and VMC’s Secretariat. She has more than three years of administering arbitration and mediation cases in diverse areas of law. Additionally, she is also engaged in some arbitration-training-related activities of the Vietnam Institute for International Arbitration Research and Training – a newly established division of VIAC. As a part of the young generation of ADR practitioners, she is passionate about learning, sharing, and building a strong ADR community in Vietnam.
Vu Anh Duong, Seminar on “The Ten Year Journey of The 2010 Law on Commercial Arbitration” within the framework of the 2020 Vietnam ADR Week (June 2020). It was further discussed at the Seminar that the fact that the court is overload in handling commercial lawsuits indicates that arbitration can and will develop to share this burden.
Queen Mary University of London and White & Cases LLP, International Arbitration Survey: The Revolution of International Arbitration (2018).
Vietnamese 2014 Law on Enforcement of Civil Judgement, Article 2.
Local court case No. 243/2016; Judgement No. 152/2017 dated 26 July 2017.
VIAC, Annual Reports.
https://simc.com.sg/dispute-resolution/arb-med-arb/.
https://www.vmc.org.vn/en/med-arb-combo and https://www.vmc.org.vn/en/arb-med-arb-protocol
KHIAC Suggested Mediation Clause at https://www.hkiac.org/mediation/rules/hkiac-mediation-rules, in which arbitration is suggested to follow mediation.
ICC Med-Arb Model Clause at https://iccwbo.org/publication/suggested-icc-mediation-clause-english-version/.
ICDR Med-Arb Model Clause at https://www.icdr.org/clauses.
www.medup.vmc.org.vn
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