An Assessment of Commercial Mediation Activities in Vietnam

Advantages and Challenges

Authors

  • Chau Huy Quang Rajah & Tann LCT
  • Cao Dang Duy Vietnam International Commercial Mediation Center

DOI:

https://doi.org/10.52028/rbadr.v5i9.ART11

Abstract

Since Vietnam became a member of the World Trade Organization (WTO) on January 11, 2007, its economy has maintained impressive growth within the region and the world. Its average GDP growth rate from 2012 to 2022 was 6.02%. Despite the Covid-19 pandemic, its GDP grew by 8.02%1 in 2022. The country’s flourishing investment development, however, has posed significant challenges to the handling of the investment and commercial disputes. To alleviate the burden on the local court system, Vietnam has made efforts to explore alternative dispute resolution mechanisms in recent years. Commercial mediation has gained popularity within the business community.

Author Biographies

Chau Huy Quang, Rajah & Tann LCT

Widely recognized as a leading lawyer in dispute resolution and has consistently received recognition from reputable organizations such as The Legal 500, Asia Legal Business, Asia Law Profiles, Chambers & Partners, Chambers Global and Vietnam’s Minister of Justice. Foreign investors view Quang as an experienced counsel who would be capable to handle a wide range of challenging legal matters in Vietnam and is adept at negotiating legal proceedings, arbitration, and out-of-court settlements. Under Quang’s leadership, Rajah & Tann LCT has successfully represented clients and provided advice on a diverse range of local and international disputes, including those related to foreign investment, commercial transactions, tax litigation, and construction. In addition to his legal practice, Quang is a court member of the ICC for Vietnam and is also a renowned arbitrator for the Vietnam International Arbitration.

Cao Dang Duy, Vietnam International Commercial Mediation Center

Partner at R&T LCT’s Hanoi office and has extensive experience in both contentious and non-contentious legal matters. He specializes in foreign investment matters and has played a key role in facilitating and closing multiple M&A transactions across various industries. With his expertise, Duy is well-equipped to provide clients with comprehensive advice on a broad range of disputes. Duy is a valuable member of the firm’s Top-Tier Dispute Resolution practice group and has been instrumental in successfully resolving commercial disputes in Vietnamese courts at all levels. In addition, he is a mediator at the Vietnam International Commercial Mediation Center, which further enhances his dispute settlement skills.

References

PEOPLE’S Army Newspaper, 1 Jan 2023: During 2022. Vietnam’s scope of economy reached USD 409 billion. Available at: https://www.qdnd.vn/kinh-te/tin-tuc/nam-2022-quy-mo-nen-kinh-te-viet-nam-tang-hon-10-lan-len-muc-409-ty-usd-71544.

DECREE No. 22/2017/ND-CP on Commercial Mediation issued by the Government on 24 February 2017

THE 2015 Civil Procedural Code No 92/2015/QH13 issued by the National Assembly on 25 November 2015

THE 2014 Law on Civil Judgement Enforcement No. 64/2014/QH13 issued by the National Assembly on 16 June 2020

THE 2020 Law on Court-Annex Mediation and Dialogue 58/2020/QH14 issued by the National Assembly on 25 November 2014

ANNUAL report of 2021 by the Vietnam International Arbitration Centre and its division Vietnam Mediation Center

Resolution No. 49-NQ/TW dated 02 June 2005 issued by the Politburo on the “Judicial Reform Strategy to 2020”.

THE MINISTRY of Justice of Vietnam’s preliminary survey on mediation at the end of 2021

LAW on International Treaties No. 108/2016/QH13 issued by the National Assembly on 09 April 2016.

SINGAPORE Convention on Mediation.

UNCITRAL Model Law on Mediation.

THE PRIME Minister’s Decision No. 1268/QD-TTg dated 02 October 2019 to ratify the action plan on improving the mediation and arbitration mechanism.

VIETNAM Mediation Moot. Available at: https://vicmc.vn/v-med-2022-vietnam-mediation-moot/.

VMC-HLU International Commercial Mediation Competition. Available at: https://www.vmc.org.vn/tin-tuc-su-kien/to-chuc-thanh-cong-cuoc-thi-hoa-giai-thuong-mai-quoc-te-vmchlu-icmc-2022-n910.html.

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Published

2023-12-28

Issue

Vol. 5 No. 9 (2023): Jan./Jun.

Section

Artigos

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