MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOILAW UNIVERSITY IMINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING DO THỊ MỸ LE ii STATUTORY DECLARATION I herewith formally declare that I myself have written the subuEtled Bachelor’s Thess independently, the conclusons and data in the Bachelor's The3s are truthful and reliable./ Confirmation of supervisor Author ofBachelor's The3s PhD. Do Thi Anh Hong Do Thị Mỹ Le ACKNOWLEDGEMENTS First and foremost, I would ike to offer my warmest thanks to my supervisor, PhD. Do Tht Anh Hong for her patience, guidance and immense knowledge. Jn addition, I would like to express my sincere thanks to the Umversty Adminstrator and teachers of Hanot Law Universty who have enthusiastically taught and imparted a lot of valuable knowledge and expenience duning my study.
Furthermore, I am grateful for being promptly provided the necessary information regarding the Thess by the Comparative Law Institute, Hana Law University, which motivates me to complete the Thess on time. Last but not least, I would like to gemanely thank my family and my Jfriends who have encouraged and supported me during my study and thes's completion./ Author ofBachelor's The3s Do Thi My Le iv LIST OF ABBREVIATIONS eg. exempli gratia (for example) etc. et cetera (and so forth) ie.
id est (thatis) Pp. @p) page (pages) para paragraph ADR Altemative Dispute Resolution CPC Civil Procedure Code ICSID Intermational Centre for Settlement of Investment Disputes LEC]J Law onCiil Judgment Enforcement MLICC UNCITRAL Model Law on International Commercial Conciliation UNCITRAL United Nations Commission on International Trade Law NYC New York Convention RUAA Revised Uniform Arbitration Act SMA Society of Maritime Arbitrators Side cover i Statutory declaration ii Acknowledgements iti List of abbreviations iv Table of contents v PREFACE. JGÚyd ho có Láithei Tine sie 2720-3 FO Seen ro. vả r9 at Sen ol 2.
Literature review of previous studies related to the Thess. Scientific and practical significance of the Thesis.ooocc-cccc-oc. Ổ a Research objectivesof the Thess ss s:c:cis cent eee eee ee? 5. Research object and research scope of the Thesis.
Methodology and research method used to prepare the Thess. Structure of the Thesis. Chapter 1: THEORETICAL ISSUES OF ALTERNATIVE DISPUTE RESOLUTION METHODS 1. The concept of contract and contract dispute.11: The definition of contr nets ¿--:.
The definition and characteristics of contract đispute.2: Conitact dispute rešplufGB.:-cc-cccc-cacciecbiziandee Ta 1 1. The concept of contract dispute resolutiơn. Significance of contract dispute resolution. Alternative dispute resolution methods.
The definition of alternative dispute resolution m ethods. Classification of alternative dispute resolution methods. Distinctions between alternative dispute resolution methods and litigaion. 21 Concliisian to Chartet bse ecscesssecscen cars enccec censuses tec eree ner = tò Chapter 2: ALTERNATIVE DISPUTE RESOLUTION METHODS IN ENGLISH AND VIETNAMESE CONTRACT LAW 2.
Alternative dispute resolution methods in English contract law. Negotiation as an Alternative dispute resolution methods in English contract law. Mediation as an Alternative dispute resolution methods in English SUHHERGPITD. Arbitration as an Altemative dispute resolution methods in English contract law.
Ma 04:1ia giãS:2013.k,ggHhữnGạg Hộngfcz6g4234scig01ti-is,sessuoe DO 2. Alternative dispute resolution methods in Vietnamese contract law. Negotiation as an Alternative dispute resolution methods in Vietnamese CORIO CE TÊN sub ng Giả nha G5 60x 03050050t80ã8010150S6G5EtĂ6iLG5G0056 G05từSg dua ta du sn30) 2. Mediation as an Alternative dispute resolution methods in Vietnamese COREA CED OW assis ccctsessnsssasstcscitencctsntannithsantiamcbcanasaaiinenusiinccnuasnssinansessaaierinesaniabuiiiaancise OE 2.
Arbitration as an Alternative dispute resolution methods in Vietnamese sername Muara ss sie ee tas Se NE en tes tee aay Đen) 2. Alternative dispute resolution methods in English and Vietnamese contract law from a comparative perspective. Provision on negotiation in English and Vietnamese contract law from a comparative perspective :cieccancsncenimsanamanmsan names 2. Choice of negotiation.
Conduct of negotiation proceedings. Provision on mediation in English and Vietnamese contract law from a 2321. sh dessuscontra demavaeaenss 43 232 2. Mediation agreem enf.QQ ST nhe se.
C anduct of mediation proceedings. Effectiveness of mediation đecisien. Provision on arbitration in English and Vietnamese contract law from a comparative perspective. #Etii:SuSZöi6ogltv8 RIT segeueseseseey 45 333.
The echiretion 6PTSEHEDEo::5:t0/4301022GGGG08:2SGGI0XSG 661338086 Kee 4 2333. Canduct of arbitration proceedingz. The arbitration award. The arbitration clause.SE88 4 Conclision to Chapter 2cicitpiccc0g614GGG0 0 GG586E093630SXGRQSES640154XGNRS2EEB 49 Chapter 3: IMPLICATIONS TO IMPROVE PROVISION ON ALTERNATIVE DISPUTE METHODS IN VIETNAMESE CONTRACT LAW 3.
Specific proposal to improve provision on mediation in Vietnamese contract lew. 1855z8sks08ssE8G suz255:EiftfarWEuWfssrlurG.4tseltifRRSI ee erro 3. Specific proposal to improve provision on mediation in Vietnamese contract 3.3 Specific proposal to improve provision on arbitration in Vietnam ese contract Conclusion to Chapter 3. Rationale of the Thesis It is inevitable, in such a dynamic global economy exemplified by the booming of international commercial transactions, that the number of international commercial disputes has significantly increased.
Traditionally, the parties submitted their dispute to the courts of a chosen forum operating around well- settled legal rules and principles, yet nowadays the alternative dispute resolution (hereinafter the ‘ADR’) processes have been popularly resorted. Therefore, researching on Alternative Dispute Resolution (ADR) methods in contract law in both the England and Vietnam holds immense significance role. As a global economic powerhouse and one of the leading countries in intemational business transactions, England is usually selected for comparative analysis. Besides, England’s legal system, rooted in the Common Law tradition, has influenced significantly on international commercial law and ADR practices.
The diverse nature of Am erican society, its receptivity to ADR mechanisms, and its impact on contract relationships make it a pertinent and insightful context for comparative analysis. By juxtaposing English ADR methods with those employed in Vietnamese contract law, this comparative perspective offers a comprehensive understanding of the diverse approaches to dispute resolution within contrasting legal systems and cultural settings. The examination of Vietnam's Civil Law-based legal framework and its traditional, historical, and institutional influences provides a dynamic contrast to the legal context, affording a rich tapestry of insights into the complexities of cross-cultural dispute resolution While ADR methods have advanced in the UK, they are not as prominent in Vietnam, making a comparison between the two countries indispensable for gleaning valuable insights that can inform the improvement of ADR provisions in Vietnamese contract lav. Therefore, this comparative perspective not only enriches scholarly understanding of ADR methods in UK and Vietnamese contract law but also offers practical implications for legal practitioners, policymakers, and entities engaged in transactions.
This endeavor not only facilitates the advancement of ADR practices in Vietnam but also aligns with the broader global discourse on enhancing dispute resolution 2 mechanisms across diverse legal systems and cultures. Thus, all of these are the reasons why the topic: “Alternative dispute resolution methods im English and Vietnamese coutract law: A comparative perspective” is chosen as the Bachelor's Thesis. Liferature review of previous studies related to the Thesis 2. Foreign publications In the world there are many research works on Analysis of Alternative Dispute Resolution (ADR) Methods, expressed through every form imaginable, such as monographs, articles published in scientific journals, books, audio, video, etc., specifically: First, Marat Mukhamediyev's 2011 Master's Thesis on “Alternative Dispute Resolution in Business Contracts, especially mediation clauses” from the Faculty of Law, Lund University, delves into the utilization of ADR, specifically mediation clauses, within business contracts.
The Thesis provides insights into the advantages and challenges of incorporating mediation clauses into business agreem ents. Second Marat Mukhamediyevs 2011 Master's Thesis on “Alternative Dispute Resolution in Business Contracts, especially mediation clauses” from the Faculty of Law, Lund University, delves into the utilization of ADR, specifically mediation clauses, within business contracts. The Thesis provides insights into the advantages and challenges of incorporating mediation clauses into business agreements. Third, regarding arbitration, the basic principles were concisely discuss and introduce in “Arbitration: A Very Short Introduction" (2021) by Thomas Schultz and Thomas Grent.! Went into the specifics, Kenneth Kaoma Mwenda examines principles of arbitration law as they apply to many common law and civil law jurisdictions in Principles of Arbitration Law (2003)? From an international perspective Margaret L.
Moses (2017) "The Principles and Practice of International Commercial Arbitration" provides the reader with immediate access to ' Thonus Scwbz, Thomas Grant (2021), Arbination: A Very Short Introduction, OUP Oxford, United Kingtom * Kermeth Kaoma Mivenda (2003), Pronciples of Arbitration Lew , Brown Walker Press, United States 3 understanding the world of international arbitration, its basic principles, explaining how and why arbitration works. This is an appropriate basis to apply in this Thesis. Forth, "Alternative Dispute Resolution: A Lawyer's Guide to Mediation and other Forms of Disptte Resolution" by Alexander H. Bevan, published in 1992 by Sweet & Maxwell in London describes some of the best known varieties, such as arbitration, adjudication and mediation.
General comparisons are drawn with other dispute resolution processes to give practical advice on the most appropriate form of ADR to use for a given set of circumstances. The text includes a number of case histories, ranging from personal injury disputes to construction litigation. The author has also provided sample ADR clauses to benefit those drafting an ADR clause for insertion into a contract or lease On the other hand, studies on the law on commercial arbitration in specific jurisdictions will bring certain legal values to the Thesis. Some of the examples are included Jean-Louis Delvolvé, Jean Rouche, Gerald H.
Pointon (2009) in "French Arbitration Law and Practice A Dynamic Civil Lay Approach to Intemational Asbitration"? present the French arbitral process as one entire system of dispute resolution. Jean-Louis Delvolvé and Detlev von Breitenstein (1982) in "Arbitration in Erance: The French Law of National and International Arbitration"* went over the practice in France on both international and domestic commercial arbitration. In England, Sir Michael J. Boyd (1989) in "The Law and Practice of Commercial Arbitration in England"Ế provides that most comprehensive research on the law and practice of arbitration in England.
To sum up, it can be seen that the theoretical bases the above-mentioned works give are relatively sufficient and suitable to utilize as reference sources in the Thesis. However, there are still some issues that the research's scope remains restricted, and no comparative analyses of ADR methods in England contract law with Vietnam have been conducted, which the following Thesis needs to supplement. Additionally, these works have brought several legal values and given ` Jem-Louis Delvolvt, Jean Rouche, Gerald H. Pointon (2009), French Arbitration Law aod Practice a Dynamic Civil Law Approach to Iternational Arbitration, Wolters Khuvrer Lave & Business ,Netherlands *Jem-Louis Delvolve, Detlev von Breitenste (1982), Artitration in France: The French Lave af National and buternational Arbitration, Springer Netherlmds , Netherlands * Sx Michael J.
Boyd (1989) The Law and Practice of Conmwrcial Arbitration in England, Butterworths, United Kingdom 4 a more comprehensive view of law ơn altemative dispute resolution in many countries. However, the scope of the research is too wide, and these studies are unsuitable for the current socio-economic conditions of Vietnam 2. Domestic p ub lications In Vietnam, scientific research on theoretical issues including the concept, development of alternative dispute resolution is currently limited Instead, works including books and articles or thesis rarely goes into details on comparing Vietnamese law on alternative dispute resolution with foreign laws. Nguyen Hien Phuong (2022) discusses the “Law on contracts from the perspective of comparative law".
This resource provides a comparative analysis of contract laws, potentially shedding light on similarities, differences, and best practices in contract regulation from a global perspective. This is valuable for understanding how Vietnam's contract law aligns with or diverges from legal fram ew orks in other jurisdictions. Bui Thi Thuy’s (2021) “The law regarding the resolution of business disputes through negotiation, mediation, and enforcement in Vietnam” offers an in- depth exploration of the legal framework and practical application of dispute resolution methods in the Vietnam ese business context. The "Proceedings of the Faculty Scientific Conference" by the Faculty of Economic Law (2020) titled “Resolving Business and Commercial Disputes through Negotiation and Mediation - Practice and Recommendations for Improvement" presents academic research and practical recommendations based on.
It offers valuable insights into methods for effectively resolving business and commercial disputes through negotiation and mediation.