VIAC and Ho Chi Minh City University of Law jointly organized the seminar titled “Judicial support and supervision mechanisms over Arbitral dispute resolution in the new context.”

Assoc Prof. Dr. Pham Duy Nghia – Member of the Council of the Vietnam International Arbitration Centre (VIAC), and Director of the Vietnam Institute for Arbitration Research and Training (VIART)

Regarding the topic “Commercial arbitration in the judicial reform strategy for commercial justice and the development of the private sector", Assoc. Prof. Dr. Pham Duy Nghia – Member of the Council of the Vietnam International Arbitration Centre (VIAC), and Director of the Vietnam Institute for Arbitration Research and Training (VIART) – stated that, in the situation where the private sector must be strongly promoted, arbitration, in order to operate effectively, needs to be embedded within the overall framework of the national judicial system. According to him, the reform of commercial justice should be considered as a fundamental basis for ensuring transparency, fairness, and impartiality in dispute resolution. Assoc. Prof. Dr. Pham Duy Nghia also underscored the supervisory and supportive role of the courts in relation to Arbitral proceedings, while proposed strengthening the professional trainings for arbitrators and arbitral secretaries – similar to the training system applied within the courts – taking the judiciary as the institutional core for promoting and supporting the development of arbitration in the broader strategy of judicial reform. He further noted that, with the forthcoming promulgation of legal regulations relating to commercial arbitration, particularly those concerning the hierarchical jurisdiction of courts and the special provisions applicable to arbitration centers operating within the International Financial Centre, it is necessary to consider which mechanisms would be most appropriate and effective for resolving arising complaints and disputes. He pointed out that this also presents an opportunity to foster the development of commercial arbitration and other alternative dispute resolution (ADR) mechanisms in Vietnam.

Dr. Phan Đuc Hieu – Standing Member of the National Assembly’s Economic and Financial Committee, Arbitrator of VIAC

Continuing the discussion, in order to assess the role of commercial arbitration in Vietnam’s economic development, Dr. Phan Duc Hieu – Standing Member of the National Assembly’s Economic and Financial Committee, Arbitrator of VIAC – underscored that commercial arbitration must be regarded as an independent judicial institution. Fundamentally, he expressed no objection to the establishment of a specialized arbitration center within the framework of the International Financial Centre. However, it is important to avoid any mechanism that would grant exclusive advantages or monopoly status to a single institution. According to Dr. Hieu, ensuring institutional diversity and competition is critical to safeguarding the freedom of choice for disputing parties. With respect to the draft Law amending the Law on the Organization of the People’s Courts, he suggested reconsidering the proposal to assign jurisdiction over arbitration-related matters to regional-level courts. In his view, such jurisdiction should remain with provincial-level courts, as is currently the case. Reasonably, given the unique characteristic of arbitration as a final and binding adjudicative mechanism (i.e., single-instance resolution), it is more appropriate for the review of arbitral awards to remain within the competence of provincial courts, where adjudications may be rendered with greater persuasiveness.

Prof. Dr. Do Van Dai – Vice Rector of Ho Chi Minh City University of Law, Vice Chairman of the Scientific Council of VIAC

From both academic and international experience perspectives, Prof. Dr. Do Van Dai – Vice Rector of Ho Chi Minh City University of Law, Vice Chairman of the Scientific Council of VIAC – affirmed that referring to the models of countries such as France, Switzerland, and Belgium would help Vietnam improve its commercial arbitration framework in a direction that ensures both the principle of party autonomy and the binding finality of arbitral awards in dispute resolution. He noted that for the arbitral system to function effectively, a supervisory mechanism at the highest judicial level is necessary to ensure consistency in the application of law. At the same time, careful consideration must be given to the allocation of judicial authority in relation to the support and supervision of arbitral procedures, as these processes require both deep legal understanding and a high level of expertise. To align with international practice and the experience of countries with well-developed arbitration frameworks, Prof. Dr. Do Van Dai also proposed that jurisdiction over arbitration-related matters should be retained at the provincial court level. In addition, he suggested exploring the establishment of specialized judicial divisions, composed of judges trained in international dispute settlement and capable of adjudicating cases in English, with the aim of progressively building a modern, internationally integrated, and reliable arbitration institution.

In the discussion session, the arbitrators and other experts continued to exchange views on the mechanism for court supervision and support in arbitration proceedings. Notably, insights from Ms. Nguyen Thi Thuy Dung – Deputy Chief Justice of the Ho Chi Minh City People’s Court; Mr. Nguyen Van Hau – Vice President of the Ho Chi Minh City Bar Association; Prof. Dr. Do Van Dai – Vice President of VIAC’s Scientific Council; Mr. Nguyen Manh Dung – Arbitrator at VIAC; along with several other experts, focused on addressing various practical issues, contributing additional perspectives on unresolved matters, offering in-depth analysis and proposed solutions, particularly in relation to the ongoing consultation process for legislative amendments. The discussions received significant attention from the business community, legal practitioners, arbitrators, and numerous media outlets in attendance.

Based on the contributions received, the Vietnam International Arbitration Centre (VIAC) will compile and submit as formal recommendations to the competent authorities, to support the finalisation of draft laws related to arbitration in the near future. These proposals aim not only to improve the legal framework but also to foster a transparent and effective dispute resolution environment that actively supports business activities and international integration.

Read more articles about the event (Vietnamese):

1. Expert dialogue: Judicial support and supervision mechanisms for arbitral dispute resolution in the new context -  Vietnam Lawyers’ e-Journal

2. Judicial supervision and support mechanisms for arbitral dispute resolution - Cong ly e-Newspaper

3. Should the authority to review arbitral awards be assigned to regional courts? - Ho Chi Minh City Law Newspaper

4. Commercial arbitration in the era where the private sector becomes a key pillar of the economy - Saigon Times Magazine

5. Enhancing the effectiveness of commercial dispute resolution through arbitration - The Voice of Ho Chi Minh City People