On November 17, the Vietnam Lawyers Association in collaboration with the Institute of Legal Science and International Business (IBLA) organized a workshop with the theme "Comments on the Proposal for the Law on Amending and Supplementing a Number of Articles of the Law on Commercial Arbitration".
The workshop aims to discuss and provide contributions and opinions from the community of lawyers, attorneys and experts on the necessity of amending and supplementing a number of articles of the Law on Commercial Arbitration.
The need for revision
Attending and chairing the workshop were Lawyer - Dr. Nguyen Van Quyen, Secretary of the Party Committee, President of the Vietnam Lawyers Association; Lawyer - Dr. Tran Cong Phan, Deputy Secretary of the Party Committee, Vice President, General Secretary of the Vietnam Lawyers Association, Member of the 15th National Assembly; Lawyer Tran Duc Long, Member of the Party Committee, Secretary of the Party Committee, Vice President of the Vietnam Lawyers Association; Lawyer - Dr. Nguyen Thi Son, Director of the Institute of Legal Science and International Business.
Lawyer - Dr. Nguyen Van Quyen, Secretary of the Party Committee, President of the Vietnam Lawyers Association delivered the opening speech at the workshop.
Also attending were leading experts in the fields of legal research, arbitration, economics, and commerce, such as: Lawyer Nguyen Van Hue, Head of the Research, Development and Dissemination of Laws Committee of the Vietnam Lawyers Association, permanent member of the Editorial Board of the Proposal to develop the revised Law on Commercial Arbitration; Lawyer Ung Thi Xuan Huong, Vice President of the Ho Chi Minh City Lawyers Association; Lawyer Nguyen Manh Dung; Mr. Vu Trong Khang, President of the Ho Chi Minh City Commercial Arbitration Center (TRACENT); Arbitrator Nguyen Trung Nam; Arbitrator - Associate Professor, Dr. Tran Viet Dung, Ho Chi Minh City University of Law; Arbitrator - Dr. Le Nguyen Gia Thien, Ho Chi Minh City University of Economics and Law and lawyers working at the IBLA Institute, and a number of businessmen in Ho Chi Minh City.
Speaking at the workshop, Lawyer - Dr. Nguyen Van Quyen, Secretary of the Party Committee, President of the Vietnam Lawyers Association emphasized the importance of building, perfecting and updating laws, especially perfecting the Law on Commercial Arbitration, to accurately and effectively meet the practical needs of today's increasingly diverse and complex business investment environment.
The workshop attracted a large number of experts and lawyers to participate.
Lawyer - Dr. Nguyen Van Quyen also acknowledged the successes and challenges that the 2010 Law on Commercial Arbitration has brought, and at the same time highlighted the importance of cooperation and contributions of Vietnamese scientists, lawyers, arbitrators and the business community to perfect the legal system on commercial arbitration.
“The Commercial Arbitration Law has created a mark for the development of commercial arbitration activities, contributing positively to the country’s judicial reform. However, the implementation of this law shows that it is revealing limitations and shortcomings, especially the provisions on the jurisdiction of commercial arbitration to resolve disputes, the issue of annulment of arbitration awards, enforcement of arbitration awards, regulations on forms of arbitration, forms of arbitration agreements…”, said Lawyer - Dr. Nguyen Van Quyen.
Lawyer - Dr. Nguyen Van Quyen also shared that the main content of the workshop will focus on discussing important regulations such as: jurisdiction to resolve disputes, annulment of arbitration awards, enforcement and annulment of awards, form and content of arbitration awards. Delegates will discuss thoroughly to provide quality contributions.
Ms. Vu Thi Hang, Vietnam International Arbitration Center (VIAC) spoke at the workshop.
According to Lawyer Nguyen Van Hue, Head of the Research, Development and Dissemination of Law Committee of the Vietnam Lawyers Association, a permanent member of the Editorial Board of the Proposal to develop the revised Law on Commercial Arbitration, he mentioned important points about the practical development and major orientations in perfecting the legal system on commercial arbitration.
Over the past 10 years, Vietnam’s commercial arbitration system has developed significantly, with 44 commercial arbitration centers and more than 700 arbitrators, including foreign experts. The number of cases resolved by arbitration has increased in value and quantity, demonstrating the effectiveness of the Law on Commercial Arbitration issued in 2010.
Lawyer Nguyen Van Hue emphasized 6 highlights of the law, including the adoption of important principles of the UNCITRAL Model Law on International Commercial Arbitration, respect for the parties' freedom of agreement, expansion of the authority of commercial arbitration, establishment of the principle of loss of objection and expansion of the authority of the arbitration council.
Lawyer Nguyen Van Hue also expressed optimism about Vietnam's potential to become an international arbitration center in the region. This expert said that Vietnam is a destination for businesses from many countries to invest and cooperate in business. Specifically, according to statistics from the Ministry of Planning and Investment, in the first 10 months of 2023, there were 108 countries and territories investing in Vietnam...
Perfecting the institution of commercial arbitration
According to Lawyer Nguyen Van Hue, the purpose of amending the Law on Commercial Arbitration is to: Perfect the institution on commercial arbitration and related laws to ensure that arbitration is truly an effective institution that meets the practical needs of resolving investment, business and trade disputes, ensuring compliance with Vietnam's socio-economic conditions, the UNCITRAL Model Law and international practices on commercial arbitration.
Develop and promulgate a mechanism to strengthen the inspection and supervision of the implementation of the provisions of the Law on Commercial Arbitration, especially the annulment of arbitration awards. Develop a coordination mechanism to improve the quality and effectiveness of the implementation of arbitration awards. Improve the quality and effectiveness of state management of activities.
According to Lawyer Ung Thi Xuan Huong, Vice President of the Ho Chi Minh City Lawyers Association, the development of a Law amending and supplementing a number of articles of the Law on Commercial Arbitration is extremely necessary with the following goals: Ensuring the constitutionality, legality, consistency and unity of the legal system; ensuring the socialist rule of law principle; ensuring the concretization of the provisions of the Constitution; inheriting appropriate provisions of the current Law on Commercial Arbitration, amending provisions that are no longer appropriate; adding new issues to overcome practical difficulties and shortcomings; and at the same time selectively referring to international experience suitable to Vietnam's conditions.
Delegates attending the conference took a souvenir photo.
Lawyer Ung Thi Xuan Huong added that currently, the court system at all levels is facing a huge amount of work in civil, economic, administrative, commercial, criminal disputes... And the process of international economic integration will give rise to many business, commercial, and civil disputes between domestic and foreign enterprises.
"Therefore, the project to amend and supplement a number of articles of the Law on Commercial Arbitration to expand the scope of regulation not only creates opportunities for arbitrators to participate in resolving disputes over civil rights and obligations according to the agreement of the parties. At the same time, sharing the burden of adjudication for the court system, creating free choice for the disputing parties, expanding the scope of regulation of the Law on Commercial Arbitration, will bring many advantages to promote the development of arbitration activities in Vietnam", added lawyer Ung Thi Xuan Huong.
Nguyen Lanh
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