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  • Chapter 5: Evaluation and Solutions To Commercial Dispute Resolution by Arbitration in Viac 1. Opportunities

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    VIAC saw an increase in commercial dispute cases in 2019, with 274 new arbitration requests representing over $158 million in total disputed value. However, most Vietnamese arbitration centers face challenges of not having enough qualified arbitrators, especially in specialized fields, and lacking professional administrative support for complex cases. To address these issues, solutions proposed include developing the arbitration market through commercial mediation, strengthening arbitrator training to promote arbitration law, and improving organizational structure and capacity at arbitration centers.

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    VIAC saw an increase in commercial dispute cases in 2019, with 274 new arbitration requests representing over $158 million in total disputed value. However, most Vietnamese arbitration centers face challenges of not having enough qualified arbitrators, especially in specialized fields, and lacking professional administrative support for complex cases. To address these issues, solutions proposed include developing the arbitration market through commercial mediation, strengthening arbitrator training to promote arbitration law, and improving organizational structure and capacity at arbitration centers.

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    Chapter 5: Evaluation and Solutions To Commercial Dispute Resolution by Arbitration in Viac 1. Opportunities

    Uploaded by

    San Võ
    VIAC saw an increase in commercial dispute cases in 2019, with 274 new arbitration requests representing over $158 million in total disputed value. However, most Vietnamese arbitration centers face challenges of not having enough qualified arbitrators, especially in specialized fields, and lacking professional administrative support for complex cases. To address these issues, solutions proposed include developing the arbitration market through commercial mediation, strengthening arbitrator training to promote arbitration law, and improving organizational structure and capacity at arbitration centers.

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    CHAPTER 5: EVALUATION AND SOLUTIONS TO COMMERCIAL DISPUTE

    RESOLUTION BY ARBITRATION IN VIAC


    1. Opportunities:
    The Vietnam International Arbitration Centre (VIAC) enrolled 274 new requests for
    arbitration in 2019, the highest number since its establishment in 1993, with the total
    value of disputes being 6.7 thousand billion VND.
    In 2019, the dispute area was more diverse. In addition to the dispute over goods
    sale and purchase, there were also disputes regarding insurance, real estate, finance -
    banking … This also explains why the value of the disputes in 2019 was a record high,
    reaching over 158 million USD.
    “In the past 10 contracts, 10 cases were accepted, but the simplified procedure
    only needed to solve one case. There have been cases of 63 contracts, VIAC combined
    into 1 case” (The General Secretary of VIAC)
    2. Challenges:
    Firstly, most arbitration centres in Vietnam do not have enough available qualified
    arbitrators on their lists, especially in specialised areas such as energy or construction.
    Secondly, in terms of administrative procedures, most arbitration centres have
    insufficient facilities and lack a professional administrative team to handle complex
    arbitration cases.

    2. Solutions:
     Implementing solutions to develop the arbitration market.
    Implementing synchronous solutions to develop the arbitration service market,
    combining the role of commercial dispute resolution by arbitration with commercial
    mediation of commercial arbitration organizations. 
     Strengthening the potentiality of the arbitrators and promoting arbitration law
    training
    The promotion of arbitration law training will lead to longer-term goals in order to
    create a generation of scholars who can write in-depth studies on commercial arbitration
    in accordance with the reality in Vietnam.
    The Ministry of Justice should consider supplementing the subject of the Law on
    Arbitration as an independent subject in the undergraduate degree program in Law
     Strengthening the organizational and operational capacity of arbitration
    organizations
    The arbitration centers should renovate the organizational structure towards
    strengthening management capacity.
    Vietnam arbitration centers also need to be more proactive in promoting their
    image to domestic businesses as well as international markets.

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