A separate Law on Commercial Mediation is needed

Sep 01, 2020

Today (June 19th, 2020), Vietnam Mediation Centre (VMC) - a division of Vietnam International Arbitration Centre (VIAC) and Vietnam International Commercial Mediation Centre (VICMC) co-organized the Workshop: Commercial Mediation: An effective solution to dispute resolution.

The workshop is within the framework of Vietnam Commercial Arbitration and Mediation Week 2020  (VAW2020).

Speaking at the seminar, Lawyer Tran Huu Huynh, Chairman of Vietnam International Arbitration Centre, stated Vietnam Commercial Arbitration and Mediation Week 2020 is one-of-a-kind in Vietnam.

"I hope this will be an annual event to gain more attention to dispute settlement through mediation," Mr. Huynh emphasized.

Mr. Huynh said commercial mediation policies have been in force, but there has not been a specialized law regulating commercial mediation.

“At present, the legal framework for commercial mediation is only at the Decree level. The Government issued Decree 22/2017 / ND-CP on commercial mediation detailing principles and procedures for mediation, mediator qualifications, establishment and operation of commercial mediation institutions.

However, its results are modest and businesses are not interested in commercial mediation. We already have 10 commercial mediation centres, but the number of registered cases are few”, said Mr. Huynh.

According to Mr. Huynh, if mediation is to be chosen by enterprises to settle disputes, a Law on Commercial Mediation should be issued.

“Regarding arbitration, there is Law on Commercial Arbitration, but there is only a Decree on Commercial Mediation. It seems that legislation on dispute resolution ... is "unbalanced", Mr. Huynh highlighted.

Therefore, Mr. Huynh concluded that state agencies, for example, the Ministry of Justice, should issue policies on promoting mediation in Vietnam. Such policies can improve its quality and effectiveness, thereby transforming mediation into a reliable solution for the business community.

Concerning mediation centres such as VMC, Mr. Huynh expects they become pioneers in mediation and operate "charitably".

For businesses, Mr. Huynh believes that they should choose a reputable mediation centre and a qualified mediator so as take advantage of mediation.

On the same note, Lawyer Nguyen Trung Nam – Founding Partner of EP Legal, VMC Mediator, VIAC Arbitrator- believes mediation has great potentials.

“It is important that stakeholders pay attention, support and promote mediation. These include the state, mediation centres, and mediators, businesses and professional organizations related to commercial activities and commercial dispute resolution”, Mr. Nam emphasized.

To make mediation in Vietnam more effective, Mr. Nam proposed mediation training promotion and certification. Vietnam International Mediation Institute should be established to standardize training activities in Vietnam and to cooperate with international mediation training organizations such as CEDR, CIArb, SIMI, and HKMIDI. Overall, these activities will provide common and continuous opportunities for independent and institutional mediators to train, practice and exchange professional experiences.

At the same time, promotion and introduction of mediation’s advantage to lawyers, arbitrators, enterprises, associations and others involved in commercial dispute resolution such as courts, judges, legislative bodies.

Also, researchers and mediation experts in Vietnam need to conduct research and assess the impacts of Vietnam's accession / signatory to the Singapore Convention as well as harmonize Vietnamese and international mediation law.

Lastly, a new model of mediation and arbitration (arb-med-arb) should be quickly put to test and revised based on practical application. Businesses and mediation users can have more choices and confidence in this service.

Credit: https://enternews.vn/can-luat-rieng-ve-hoa-giai-thuong-mai-175593.html

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