VIAC e-Newsletter - Issue 24.11.04

HEADLINES

PROF. DR. LE HONG HANH WAS ELECTED AS PRESIDENT OF THE VIETNAM INTERNATIONAL ARBITRATION CENTRE (VIAC)

Prof. Dr. Le Hong Hanh, President of the Vietnam International Arbitration Centre (VIAC)

On August 20^th, 2024, the VIAC Council and the Executive Committee unanimously elected Prof. Dr. Le Hong Hanh as the President of the Vietnam International Arbitration Centre (VIAC). Before being elected as the President of the Vietnam International Arbitration Centre (VIAC), Prof. Dr. Le Hong Hanh served as the head of many legal research and educational institutions. His notable roles include serving as Vice Principal of Hanoi Law University from 1988 to 1993 and from 1995 to 2006, Director of the Institute for Legal Strategy and Science – Ministry of Justice from 2006 to 2013), and Director of the Institute of Law and Economics of ASEAN from 2013 to 2023). Prof. Le Hong Hanh holds a J.D. from Moscow State University and was appointed Professor by the State Council of Professorship in 2006. He has also served as the Project Director of numerous projects for UNDP, the World Bank, ADB, and SIDA in various legal fields.Currently, Prof. Dr. Le Hong Hanh serves as the Chief Editor of the Law and Development Journal under the Institute of Law and Economics of ASEAN, Standing Member of the Central Executive Committee of the Vietnam Lawyers Association, and Director of the Committee on Alternative Dispute Resolution (ADR) of the ASEAN Law Association. Prof. Le Hong Hanh has been a VIAC’s listed arbitrator since 1993 and has also served as Chairman of the VIAC Science Council. Since 2021, he has been a Member of the VIAC Council. Prof. Le Hong Hanh has made significant contributions to the development of Vietnam's judiciary and is recognized as one of the country's leading ADR experts. Throughout his career, Prof. Le Hong Hanh has led numerous state-level and ministry-level scientific research projects, all of which have been highly regarded. He also is the author of numerous articles published in both domestic and international journals, as well as monographs and textbooks that support legal research and education. He has also served as a member of the Council of Law Professors for many consecutive terms. Additionally, he has served as a member of the Council of Law Professors for many consecutive terms. Prof. Le Hong Hanh has been honored as an "Outstanding Intellectual" and is currently a member of the Central Committee of the Vietnam Fatherland Front. [See more] 

VIAC ORGANIZED THE 2024 MEETING OF VIAC-LISTED ARBITRATORS IN HANOI AND HO CHI MINH CITY

The 2024 Meeting of VIAC-listed Arbitrators in Hanoi and Ho Chi Minh City

On September 25^th and October 4^th 2024, Vietnam International Arbitration Centre (VIAC) organized the 2024 Meeting of VIAC-listed Arbitrators in Hanoi and Ho Chi Minh City. The meeting was conducted to tend to feedback from the Arbitrators regarding VIAC’s activities, on the occasion of Prof. Dr. Le Hong Hanh being unanimously appointed and elected as President of VIAC for the 2022 – 2027 term on August 8th 2025. At the meeting, Prof. Dr. Le Hong Hanh - the newly-elected President of VIAC delivered his commencement speech, extending his greetings towards the arbitrators and expressing his high appreciation for their companionship and immense support with regards to VIAC’s activities over the years. As someone who has been with VIAC since its early days, Prof. Dr. Le Hong Hanh also noted that in over 30 years of operation, VIAC has continuously strived to upgrade and improve its dispute resolution services through arbitration, mediation, and other alternative dispute resolution (ADR) methods in accordance with the law. Moreover, VIAC has actively implemented initiatives to promote the development of arbitration, mediation, and ADRs in Vietnam. To achieve these aims, VIAC highly values the input, contributions, and cooperation of the listed arbitrators in both dispute resolution activities as well as efforts to further develop arbitration and mediation in Vietnam. [See more]

UPCOMING EVENTS

In order to provide lawyers and businesses with comprehensive and systematic information about commercial mediation along with domestic and international practices in this field, the Vietnam Mediation Center (VMC), a division of the Vietnam International Arbitration Center (VIAC), organizes a basic training course in 2024 with the topic: Dispute resolution skills through commercial mediation. The training course will take place over two days, December 6th & 7th, 2024 in Hanoi and Ho Chi Minh City. Language of presentation at the course: Vietnamese.[See more]

NEWS AND UPDATES

THE PRESIDENT OF VIETNAM INTERNATIONAL ARBITRATION CENTRE (VIAC) HAD A MEETING WITH THE PEOPLE'S COURT OF HO CHI MINH CITY AND THE WORKING DELEGATION OF THE DEPARTMENT OF JUSTICE OF HONG KONG

The Vietnam International Arbitration Centre (VIAC) had a Meeting with the leaders of the People's Court of Ho Chi Minh City and the working delegation of the Department of Justice of Hong Kong

On the afternoon of September 25th, the delegation from the Vietnam International Arbitration Centre (VIAC) visited and worked with the People’s Court of Ho Chi Minh City. The meeting was hosted by Ms. Nguyễn Thị Thùy Dung, Deputy Chief Justice, accompanied by the the Chief Judge, Deputy Chief Judges, and Judges of the Economic Court of the City People's Court. Representing VIAC, Prof. Dr. Lê Hồng Hạnh, President of VIAC, co-chaired the meeting, along with members of VIAC’s Board of Management and several VIAC officials. [See more]

Also on the afternoon of September 25th, the delegation from the Vietnam International Arbitration Centre (VIAC), led by Prof. Dr. Lê Hồng Hạnh, Chairman of VIAC, visited and worked with the delegation from the Department of Justice of the Hong Kong Special Administrative Region (China), along with representatives from the Hong Kong Bar Association and the Law Society of Hong Kong, in Ho Chi Minh City. Attending the working session are, on the Hong Kong delegation's side, Mr. Paul Lam, Secretary for Justice of the Hong Kong Special Administrative Region, led the delegation, along with representatives from the Hong Kong Bar Association, the Law Society of Hong Kong, and delegates of other Hong Kong arbitration institutions and organizations. On the VIAC’s side, Prof. Dr. Lê Hồng Hạnh, Chairman of VIAC, led the delegation, with the participation of members of VIAC’s Board of Management and some of the Arbitrators. [See more]

HIGHLIGHT EVENTS

The seminar Logistics infrastructure: Requirements in development strategies and legal framework in Ba Ria – Vung Tau and The Plenary Session of the 2024's Investment Legal Support Forum - 2nd Semester

The seminar “Logistics infrastructure: Requirements in development strategies and legal framework” took place on August 30, 2024, in Bà Rịa - Vũng Tàu. It was co-organized by the Vietnam International Arbitration Centre (VIAC), the Ba Ria - Vung Tau branch of the Vietnam Chamber of Commerce and Industry (VCCI), and the Bà Rịa - Vũng Tàu Association of Small and Medium Enterprises (BV SME). This is the following event held within the framework of the Legal Management Series 2024 (LMS 2024) co-organized by VIAC and its partners.[See more]

On the morning of September 20, 2024, the Plenary Session of the 2024's Investment Legal Support Forum - 2nd Semester with the theme "Attracting investors to renewable energy and promoting green economic growth in Ho Chi Minh City" successfully took place with the participation of over 200 delegates, including representatives from competent authorities, lawyers, experts, and investors operating in Ho Chi Minh City. [See more]

ADR BLOG

INTERNATIONAL EXPERIENCE PERSPECTIVES: THE APPROACH OF INTERNATIONAL ARBITRATION TO THE ISSUE OF THE APPLICATION OF INTERIM EMERGENCY MEASURES INVOLVING THIRD PARTIES

Attorney-at-Law, Nguyen Trung Nam (Tony), Arbitrator of Vietnam International Arbitration Centre (VIAC)

According to Law on Commercial Arbitration 2010, the interim emergency measures issued by the Arbitral Tribunal are also enforceable in the same way as interim emergency measures (“IEM”) issued by the Court. However, there are still many limitations when the Arbitral Tribunal issues IEM involving third parties (parties that do not sign and participate in the arbitration agreement), due to the limited jurisdiction of the Arbitral Tribunal. This discourse focuses on a detailed analysis of some theoretical and practical issues about the application of interim emergency measures involving third parties, in the field of domestic and international. Besides, the discourse provides measures to enhance the ability to enforce the decisions applying interim emergency measures with the third parties within the realm of international arbitration law. Subsequently, it extracts experience and recommendations pertaining to the legal framework in Vietnam regarding this matter.[See more]

POST-MEDIATION WITH SETTLEMENT AGREEMENT: VOLUNTARY AND IMPERATIVE ENFORCEMENT

Attorney-at-Law, Nguyen Manh Dzung, Listed Arbitrator of Vietnam International Arbitraion Centre (VIAC), Listed Mediator of Vietnam Mediation Centre (VMC), Deputy Director of Vietnam Insitute For International Arbitration Research and Training

Commercial mediation in Vietnam is operated in accordance with three main legal bases. Firstly, Chapter XXXIII of the 2015 Code of Civil Procedure on Procedure for Recognition of Out-of-Court Mediated Settlement Agreement grants the mediated settlement agreement the recognition and enforcement as if the Court's final judgment. This legislation is a big step for Vietnam toward other regional jurisdictions. Secondly, the 2010 Law on Commercial Arbitration prescribes on the hybrid process of mediation and arbitration. The other legal document directly associated with mediation practitioners is Decree 22/2017/ND-CP (Decree 22/CP) on Commercial Mediation. In a historically comparative manner, Decree 22/CP is closely similar to Decree 116-CP dated 05 September 1994, which regulates non-governmental arbitration institutions' operation and sets out the basis for commercial arbitration nowadays. The other identicality between Decree 116-CP and Decree 22/CP is that they are the first legislation on arbitration and mediation, respectively. [See more]

*Disclaimer: The articles in this ADR Blog section only express the opinions and views of the independent experts and do not have any connection or purpose to express the views and opinions of the Vietnam International Arbitration Center (VIAC) or any other agency or organization. Any references or quotations from any third party to this document are void and are not recognized by VIAC.