VIAC and HCMC University of Economics and Finance (UEF) signed a Memorandum of Understanding and successfully co-organized the Workshop “Strategies for enhancing time efficiency through the combination of Arbitration and Mediation”

At the Workshop, the Vietnam International Arbitration Centre (VIAC) and the University of Economics and Finance Ho Chi Minh City (UEF) also signed a cooperation agreement (Memorandum of Understanding - MOU), marking a significant milestone and ushering in a new stage of development in their partnership. This agreement reflects a shared commitment between VIAC and UEF that generates practical value, not only in academic research but also in practical application. Accordingly, VIAC and UEF will continue to collaborate to develop and implement a wide range of activities aimed at providing valuable information to the business community, legal practitioners, and academia. In addition, the partnership will facilitate closer engagement for students with the practical aspects of resolving commercial and business disputes.

At the Workshop, Ms. Hoang Nguyen Ha Quyen - Managing Partner of LNT & Partners, Arbitrator of VIAC, Mediator of VMC, presented a panel titled “Enhancing time efficiency by switching between arbitration and mediation: Practical applications and arising issues”. Analyzing the arbitration - mediation hybrid model on following factors: (i) mediation prior to arbitration proceedings, (ii) mediation during the arbitration process, and (iii) mediation conducted in parallel with arbitration, Ms. Quyên assessed that while each model presents distinct advantages, they also carry inherent risks and may even backfire if not properly implemented. By referencing specific scenarios and practical issues raised, she advised business to carefully consider when selecting a mediation - arbitration hybrid model, therefore maximize the benefits of switching or combining the two mechanisms by evaluate factors such as the willingness of the parties to amicably resolve the dispute, the complexity of the case, the development stage of the dispute, or depending on the company’s strategies.

At the Workshop, Ms. Ngo Quynh Anh – Managing Partner of EPLegal LLC and Mediator of VICMC – delivered a presentation on “Defining roles and selection criteria for arbitrators and mediators in the integration of multiple dispute resolution methods”. Her talk clarified key considerations when choosing suitable professionals under the arbitration – mediation hybrid model. According to Ms. Quỳnh Anh, Vietnam legal framework currently lacks specific provisions on the qualifications and standards for arbitrators and mediators. This creates difficulties for disputing parties when making selections, hence, she highlighted two prominent issues including role conflicts between arbitrators and mediators when the same individual is appointed to both functions, and the shortage of highly qualified professionals capable of effectively fulfilling both roles. Stem from international practices in Australia and Hong Kong, Ms. Quỳnh Anh proposed that Vietnam should develop detailed legal criteria for selecting arbitrators and mediators. In addition, she called for the establishment of a mechanism to ensure neutrality and prevent conflicts of interest, as a step toward improving Vietnam’s arbitration legal framework. Beyond legal reform recommendations, she also offered practical guidance for disputing parties on selecting the right professionals in a hybrid dispute resolution approach. In particular, she suggested that parties should do a pre-agreeing on role-switching procedures, and appoint independent arbitrators or mediators to safeguard the objectivity and integrity of the dispute resolution process.

To optimize the effectiveness of the arbitration – mediation hybrid model, Assoc. Prof. Dr. Duong Anh Son – Dean of the Faculty of Law, University of Economic – Finance; Arbitrator of VIAC, advised that businesses should focus on drafting multi-tiered dispute resolution clauses, creating flexibility in choosing settlement methods appropriate for each stage of the dispute. According to Dr. Sơn, one of the key issues that businesses should prioritize is the power to resolve the dispute. Accordingly, the parties should clearly specify the dispute resolution mechanism in the commercial contract in order to avoid falling into situations where the arbitration agreement is invalid under the provisions of the LCA 2010 and Resolution No. 01/2014/NQ-HDTP. In cases where the parties intend to adopt the arbitration–mediation hybrid model, the dispute resolution clauses must also clearly stipulate the sequence of dispute resolution steps. For instance, it might be requiring the parties to undergo mediation before initiating arbitration (multi-tiered dispute resolution clause), or allow the parties to suspend arbitration proceedings to conduct mediation when necessary. In addition, the mechanism for transitioning between the two methods should also be clearly identified. For example: will the parties need to suspend mediation in order to proceed with arbitration? What is the maximum time allowed for each stage to avoid prolonged proceedings? How will the costs of the process be allocated?. Dr. Son also advised that businesses should choose reputable arbitration – mediation institutions with experience in operating arbitration – mediation hybrid models, such as VIAC and VMC, to ensure effectiveness.

📃Event's Materials: Please refer HERE

📃Event's Photos: See more HERE

As part of the Arbitration – Mediation Symposium 2025 (AMS 2025), and following the success of AMS Workshop 02, VIAC will continue their collaboration with UEL to organize AMS Workshop 03 under the theme: “Controlling time for submission of evidence in arbitration”.

📅 Time: 13:00 – 16:35, March 28, 2025 (Friday)

📌 Venue: University of Economics and Law, Vietnam National University  Ho Chi Minh City (No. 669 Do Muoi Street, Quarter 6, Linh Ward, Thu Duc City, Ho Chi Minh City)