Webinar on Combination of Mediation and Arbitration - Discussion on the new tendency and its adoption in Vietnam

Globalization and the nature of international commercial transactions have added to increasingly complex disputes, often too complicated and unsuitable for jurisdiction of national courts, and somehow, surpassing the competences of traditional judicial national and international forums. The urge of need for effective dispute resolution in such context has led to the innovation of combining mediation and arbitration as hybrid mechanism process. The unique mechanism offers parties a number of benefits, include (i) resolving parties’ disputes cost-effectively and quickly and (ii) obtaining a binding and internationally enforceable decision. Additionally, the rise of legal and more adversarial forms of mediation, and arbitration's increasing similarity to litigation makes these mechanisms attractive as a means of "correcting'' for the legalization of these ADR processes, which interest is increasing as a growing similarity between arbitration and litigation.

However, as being emphasized by legal experts, by in order to apply the above hybrid models, ensuring compatibility with the current legal system in that country's jurisdiction is of utmost importance before deciding to combine different dispute resolution methods. In addition, although such mechanism is gradually becoming a popular trend around the world, it is not necessarily the optimum solution for every dispute. This hybrid procedure also requires the participations of those who fully understand it to both take advantage of its benefits as well as to foresee and avoid potential risks or drawbacks that may arise during application. With the aim of bridging the knowledge and experience in the understanding of these complications, Vietnam International Arbitration (VIAC) and its Vietnam Mediation Centre (VMC) organize the webinar on “Combination of Mediation and Arbitration - Discussing on the new tendency and its adoption in Vietnam”, with details as follows:

• Time: 14h00 – 16h30, Friday (Hanoi time), 16 October 2020
• Live streaming on Zoom and Facebook (VIAC & VMC Fanpages)
• Admission: Free of charge
• Language: English
• Register at https://zoom.us/webinar/register/WN_jyIwCPUTTN2LMqXxnr2AJA?fbclid=IwAR3e--j20sL9EEDI3klls-vzK99JtnLZSkuDByc0_bQOefBDVjDEKnSd8sQ

*Please click here for full details.

Organizers:

• Vietnam International Arbitration Centre (VIAC)
• Vietnam Mediation Centre (VMC) – a division of VIAC
• Cooperation Center for Lawyer Training on International Trade (CLTIT)

Content:

• Closer look into new tendency of combining Mediation and Arbitration for effective dispute resolution
• “Mixing and Matching” of Mediation and Arbitration –advantages and disadvantages and how to adopt into Vietnamese jurisdiction?

Speakers:

• Nguyen Trung Nam (Tony Nguyen) | Deputy Director of Vietnam Mediation Centre (VMC) – a division of Vietnam International Arbitration Centre (VIAC), Arbitrator and Member of Science Council at VIAC, Founding partner at EP Legal;

• Nguyen Ngoc Minh | Partner of Dzungsrt & Associates, Ambassador of International Bar Association (IBA) in Vietnam;

• Phan Trong Dat | Vice Scretary of Vietnam International Arbitration Centre (VIAC), Standing Deputy Director of Vietnam Mediation Centre (VMC);

• Christopher Wing TO | VMC Listed Mediator, Counsel at Gilt Chambers;

• Hiroyuki Tezuka | VMC Listed Mediator, Partner at Nishimura & Asahi.