LNC 2024: Lawyers skills in managing arbitration procedures

On July 13, 2024, the Vietnam International Arbitration Centre (VIAC) collaborated with the University of Law in Ho Chi Minh City, the Ho Chi Minh City Bar Association, with the support of the Dong Nai, Ba Ria - Vung Tau, and Can Tho Bar Associations to organize the Lawyers Networking Conference 2024. The conference was a great success, with over 150 lawyers attending in person in Ho Chi Minh City and over 400 participants joining the event online.

Mr. Vu Anh Duong - Secretary General and Permanent Vice Chairman of the Vietnam International Arbitration

Giving an opening speech, Mr. Vu Anh Duong - Secretary General and Permanent Vice Chairman of the Vietnam International Arbitration Centre (VIAC) shared that by 2023, the rate of lawyers involved in disputes at VIAC had reached 87.9%. He highlighted that this figure is significant, reflecting the careful approach of both parties and the increase in the professionalism of lawyers. From the perspective of a dispute resolution institution, VIAC also encourages the involvement of lawyers in arbitral proceedings. The participation of lawyers in most cases helps the parties and the Arbitral Tribunal save time, which enhances the efficiency of the process. Therefore, such training courses and discussion conferences for lawyers are essential to improve their skills in dispute resolution by arbitration, in order to align with current demands.

Assoc. Prof. Dr. Tran Viet Dung - Vice Rector of HCMC University of Law 

Representing Ho Chi Minh City University of Law, Assoc. Prof. Dr. Tran Viet Dung - Vice Rector of HCMC University of Law, praised the collaboration among the participating organizations in this networking event. He emphasized that the model, which combines professional skills training for lawyers with conferences for sharing experiences among lawyers from various provinces and cities, is valuable for exchanging and discussing practical legal skills. As a leading law training institution in Vietnam, he welcomed the initiative of the conference, which contributes to improve the quality and professionalism of lawyers while providing additional resources to support their practice.

Bar Association of Ba Ria - Vung Tau Province	Bar Association of Can Tho City	Bar Association of Dong Nai Province

At the event, the Vietnam International Arbitration Centre (VIAC) and the University of Law in Ho Chi Minh City signed a memorandum of understanding with the Bar Associations of Ba Ria-Vung Tau, Dong Nai, and Can Tho. The agreement aims to regularly expand this meaningful model and collaborate on many other significant activities in the future.

Mr. Nguyen Van Hau - Vice Chairman of the Ho Chi Minh City Bar Association, Member of the Standing Committee of the Vietnam Bar Federation

Mr. Nguyen Van Hau - Vice Chairman of the Ho Chi Minh City Bar Association, Member of the Standing Committee of the Vietnam Bar Federation, delivered the keynote speech. Mr. Hau emphasized that in the context of a constantly developing society, the role and position of lawyers, in relation to other professions, are continually rising. To meet the increasing demands of clients who are seeking legal services, lawyers need to continuously update and improve their professional skills, becoming reliable support for their clients and contributing to the development of other sectors in society. He highlighted that lawyers must not only constantly hone their skills in identifying, assessing, and addressing legal issues in specific fields but also master the procedures of litigation both in court and in arbitration. As such, mastering the dispute resolution process, especially in arbitration, needs to be systematically and rigorously trained, so that lawyers can keep pace with the overall trend, particularly as arbitration is predicted to grow significantly in Vietnam in the coming years.

Experts at Discussion session 1 (from left to right): Mr. Le Quang Y, Mr. Truong Xuan Tam, Ms. Nguyen Thi Mai, Mr. Tran Minh Tri, Mr. Chau Viet Bac

The first discussion session of the conference titled “Identifying and addressing conflicts of interest in arbitral proceedings” was coordinated by Mr. Chau Viet Bac - Deputy Secretary-General of the Vietnam International Arbitration Centre (VIAC). The discussion featured expert panelists including Ms. Nguyen Thi Mai - Secretary-General of the Vietnam Bar Federation, VIAC’s listed arbitrator; Mr. Truong Xuan Tam - Chairman of the Ba Ria - Vung Tau Bar Association, Member of the Standing Committee of the Vietnam Bar Federation; Mr. Le Quang Y - Chairman of the Ba Ria - Vung Tau Bar Association, Member of the Standing Committee of the Vietnam Bar Federation and Mr. Tran Minh Tri - Chairman of the Ba Ria - Vung Tau Bar Association, Member of the Standing Committee of the Vietnam Bar Federation.

The core issue discussed here is the conflict of interest involving arbitrators handling dispute cases. A fundamental principle in arbitral proceedings is impartiality and objectivity, as outlined in many laws, including the Vietnam Law on Commercial Arbitration 2010 and international laws such as the UNCITRAL Model Law, the UK Arbitration Act 1996 and Singapore Arbitration Act 2001. A conflict of interest occurs when the arbitrator’s rights or interests conflict with those of one disputing party, or when the arbitrator is related to one of the parties or their legal representatives. Regarding the management of conflicts of interest in arbitral proceedings, current regulations in Vietnam Law on Lawyers and the Code of Ethics and Professional Conduct for Vietnamese Lawyers already provide general guidelines. However, lawyers still need further training and dissemination of knowledge due to differences between the traditional litigation process and arbitration procedures. For instance, in civil litigation, the process of changing the person handling the case is formal and legally detailed, while in arbitration, the process is more flexible, allowing parties to agree and adjust terms. Nevertheless, transparency and disclosure of information from the arbitrator are still required.

Experts at Discussion session 1 - part 2 (from left to right): Mr. Ngo Thanh Tung, Mr. Le Thanh Kinh, Mr. Nguyen Cong Phu, Mr. Nguyen Chinh