NGO THANH HANG 453628 A COMPARATIVE ANALYSIS OF COMMERCIAL DISPUTE RESOLUTION IN VIETNAM AND OTHER COUNTRIES GRADUATION THESIS NGO THANH HANG 453628 A COMPARATIVE ANALYSIS OF COMMERCIAL DISPUTES RESOLUTION IN VIETNAM AND OTHER COUNTRIES Major: Comparative Law GRADUATION THESIS SUPERVISOR Prof=NNGUYEN TOAN THANG STATUTORY DECLARATION J with iis, declare that I have written the subnitied Bachelor's Thesis independenily. The conclusions and data in the Bachelor's Thesis are truthful and reliable. Confirmation of supervisor Author of Bachelor's Thesis Prof. Nguyen Toan Thang Ngo Thanh Hang ACKNOWLEDGEMENTS With the culmination of my graduation thesis, I express my sincere appreciation to those who have been instrumental in the realisation of this research and throughout my academic journey.
I want to express my gratitude to my thesis stpervisor, Professor Nguyen Toan Thang. for his kind acceptance in supervising my thesis, for his patience in helping me with the draft of my thesis andfor giving me insightfid comments. His immense knowledge of Comparative Law has significantly shaped this stidy. I would like to thank the professors, lechwers and library staff of Hanoi Law University for their enthusiastic mentorship and insightfid lessons during my study.
I an grateful for being promptly provided the necessary information regarding the thesis by the Comparative Law Institute, Hanoi Law University, which motivated me to complete the thesis on time. Without their help. I would encounter many difficulties in implementing my thesis research. I gemanely appreciate Prof.
Dao Le Thu and Prof. Pham Quy Datfor inspiring me in the Comparative Law field since my first year of college. I also thank Prof. Do Thi Anh Hong who was incredibly supportive from my graduation thesis preparation to the submission day.
I am grateful to my family, friends and colleagues who have encouraged and supported me during my study and thesis completion To my family, I am indebted for their endless love, encouragement. I am deeply thamkftl to my friends and colleagues for their companionship and the countless discussions that enriched my knowledge of the subject matter This thesis would not have been possible without the collective efforts and encoimagement of all those mentioned and many others who have touched my academic Journey in various ways. Thankyoufor your invaluable contributions./, Ngo Thanh Hang Hanoi Law University, 2023 iv LIST OF ABBREVIATIONS ADR : Alternative dispute resolution CDR : Commercial dispute resolution eg. id est (that is) Pp.
paragraph UNCITRAL : United Nations Commission on International Trade Law VMC : Vietnam Mediation C enter VIAC Vietnam Inténational Arbitration C enter VIMC : Vietnam International Commercial Mediation C enter v TABLE OF CONTENTS ACKNOWLEDGEMENTS. TABLE OF CONTENTS INTRODUCTION. CHAPTER 1 THEORETICAL ISSUES OF COMMERCIAL DISPUTE RESOLUTION 1. Concept of commercial disputes and commercial dispute resolution.
Historical development of commercial dispute resolution mechanisms in Vietnam 11 13. Notable legal systems in other countries on commercial dispute resolution .14 Coneluson for Chapter 0 ics Giitiscrancictinaniinina tition iianteant LO CHAPTER 2 COMPARISON OF COMMERCIAL DISPUTE RESOLUTION METHODS BETWEEN VIETNAM AND OTHER COUNTRIES. Sources of lav on commercial dispute resolution in Vietnam and other countries 17 2. Sources of lav on commercial dispute resolution in Vietnam.
Sources of lav on commercial dispute resolution in other countries. Comments on sources of law on commercial dispute resolution in Vietnam and other GGDĐĐHTES:sse‹coizocsoiciatoivDd6csosincgidggfiseteenssagiosaassaLe 2. The regulations of Vietnam and other countries laws on the resolution of commercial: disputes through the COUEE. The regulations of Vietnam on the resolution of commercial disputes through the Court.
The regulations of other countries on the resolution of commercial disputes ABLOUEH the GGUEĂ::-- sang csccstic tho Hi hg0480740018608054E0E502Gk200808181140161gg035300gg3gsa220/2127 2. Comments on the regulations of Vietnam and other countries laws on the resolution of commercial disputes through the Courf. The regulations of Vietnam and other countries laws on the resolution of commercial disputes through N egotiatiơn. The regulations of Vietnam ơn the resolution of commercial disputes through Wie Got at ott ices aE 2.
The regulations of other countries on the resolution of commercial disputes tfigbETiNö6EGH01600221926040261007010060445608300510610) ee aie 1209 2. Comments on the regulations of Vietnam and other countries laws on the resolution of commercial disputes through Negotiation. The regulations of Vietnam and other countries laws on the resolution of commercial disputes through Mediatiơn.1, The regulations of Vietnam on the resolution of commercial disputes through MSGSHGE1120171020122xa0niavartctiSebltuofltrlgiaueqesg@aseiidltgigaeatapaaca2 2. The regulations of other countries on the resolution of commercial disputes through Mediation.
Comments on the regulations of Vietnam and other countries laws on the resolution of commercial disputes through Mediatiơn. The regulations of Vietnam and other countries laws on the resolution of arbatratuonis Shrouety As bit ANGTLorssotiesiedionaontydoglgckirhokjlMogasbiaqossexsreesusvifL 2. The regulations of Vietnam on the resolution of arbitrations through (ĐI QUGNS::i-52cGGA1001800ãA0OLGciliiubadif6lfrfiTliGVydNsgoiisasiestirexdsaarfL 2. The regulations of other countries on the resolution of arbitrations through (Ar tit ationsii ae vũ 2.
Comments on the regulations of Vietnam and other countries laws on the resolution of dispute resolution through Arbitration. eee ccccccccccec 46 Conclusion for. CHIĐ T2-;oascicceccentogiog GbtNGifi GA 086108105i88G1310.36030016sgxgpuagssao TT CHAPTER 3 IMPLICATIONS TO IMPROVE VIETNAMESE LAW ON COMMERCIAL DISPUTE RESOLUTION. Development trend of non-court methods of settling commercial business disputes 48 3.
Online commercial business dispute resolution (ODR). Arbitration —C onciliation taechartism. Some specific implications to improve Vietnamese law on on the resolution of Cotichision fot: C hater 3:.-cscscseccssv0A0516610 n6haiG88p4608Ai2x<08g0n68-ssupxxopinGidysgtresai Od CONCLUSION REFERENCES INTRODUCTION Ni Necessity of the Research In recent years, Vietnam has earned recognition for its consistent and robust economic growth within the region and globally. The Government of Vietnam is actively working to create a business-friendly environment, making commitments to support investors and businesses for long-term, sustainable growth.
One crucial aspect of this effort is improving the legal framework for resolving commercial disputesÌ Over the past 15 years, there has been an increasing need for Vietnamese businesses and their partners to look for dispute resolution forums as Vietnam strives for integration with global trade. The enactment of key legislative instruments such as the Civil Procedure Code 2015, the Commercial Arbitration Law 2010, and Decree 22/2017/ND- CP on commercial mediation signifies the operationalisation of strategic reforms outlined in Resolution No. 49-NQ/TW, dated June 2, 2005. This resolution, issued by the Party Central Committee, outlines a comprehensive strategy for reforming the judicial sector until 2020, which encourages resolving disputes through negotiation, mediation, and arbitration, with court support.
Simultaneously, following the spirit of the Decision 1268/QD-TTg in 2019 approving the "Proposal on perfecting the law on contracts and settling contract disputes by commercial arbitration and commercial mediation" promulgated by the Prime Minister which pointed out that determining the direction to improve the lay on contracts, the law on settling contract disputes by commercial arbitration and commercial mediation in the direction of unity, synchronisation, ensuring enforcement to be a key goal. However, alongside these positive developments are inherent challenges and difficulties. As the economy expands, the frequency of commercial disputes will likely increase, accompanied by the rise in complex cases. Failure to address these disputes promptly can adversely impact the business operations of involved enterprises, thereby indirectly hindering overall economic development.
There has been a pressing need to ! Article 2.1L of The Resohttion No. 49-NQ/TW dated Ame 2, 2005 of the Politburo on the Judicial Refonm Strategy to 2020 explore and enhance various avenues for commercial dispute resolution Several methods have been introduced and acknowledged, including negotiation, arbitration, and mediation. While economic development suggests a higher likelihood of disputes, an effective resolution mechanism is imperative to mitigate potential disruptions. The introduction and recognition of diverse dispute-resolution methods, both domestically and internationally, underscore the necessity for a nuanced understanding of these mechanisms.
Research on the law of Vietnam and some countries around the world on commercial dispute resolution methods from a comparative perspective aims to analyze, find lessons learned, and solutions for Vietnam. Furthermore, although comparative jurisprudence is a crucial research trend and has wide application in the construction and completion of the law in recent years, there is very little comparative research have an broad overview on commercial dispute settlement in Vietnam and other nations. In light of these considerations, "A Comparative Analysis of Commercial Dispute Resolution in Vietnam and Other Conutries” was chosen as the topic for my graduation thesis. Foreign publications In the world, many research works exist on different aspects of commercial dispute resolution, expressed through various forms, such as monographs, articles published in scientific journals, books, audio, video, etc.
Regarding the theoretical issue of commercial dispute and commercial dispute resolution, Indira Carr and Peter Stone (2020)? and Campbell Dennis (2010)? provide the reader with a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Concerning the development of dispute resolution, Ralston (1926) discussed the 3 Came I. (2017), ternational Bade Leow, Taylor & Francis Grow. * Campbell Dennis (2010), Intemational dispute resobttion, The Comparative Lae Yearbook of bernational Business Volume 314 Special Issue , Khwver Law International.
development of conflict settlement from ancient times to the 19003! The specific origin of each resolution method can be found in many articles, such as Hubert Lister Parker Baron Parker of Waddington (1959)” in "The History and Development of Commercial Arbitration", which comprehensively discussed commercial arbitration history and what are its differences compared to arbitration in other field or Joseph Barrett (2004)° with “A history of alternative dispute resolution: The story of a political, social, and cultural movement” 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 Embassy of the United States (2001), "Alternative Dispute Resolution Rules of Wisconsin of United States 1997°” Courts and Tribunals Judiciary (2023) in “The Business and Property Courts of England & Wales: The Commercial Couwt Guide”, Robert A. Baruch Bush & Joseph P. Folger (1994)° in “The Promise of Mediation Responding to C onflict Through Empowerment and Recognition”.
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, some issues have not been clarified about the concept and the comprehensive development of commercial dispute history, which the following Thesis needs to supplement. Additionally, these works have brought several legal values and given a comprehensive view, however, the scope of the research is too wide and unsuitable for the current socio-economic conditions of Vietnam. Domestic publications ‘RALSTON, 7.
(1926),A BRIEF HISTORY OF INTERNATIONAL DISPUTES. Advocate of Peace through Justice ,88(8), 487-497 , ht sAvun jstor ong/stable/20661353 * Hubert Lister Parker baron Parker of Waddington (1959), The History coxl Development of Commercial Arbitration, Magnes Press, United Kingdom. (2004), Ahistory of altermative dispute xesohttion: The story of a political, social, and culnral movement. ¡ Embassy of the Unuted States (2001), “ARemutive Dispute Resobttion Rules of Wiscosm of United States 1997", tp Jvvietrame se viemam usembassy gov, date 2/7/2001.
* Courts and Trials Judiciary (2023), The Brusiness cond Property Corats of Engicoxi & Wales The Commercial Corot Giaide, Exventh Edtion. Baruch Bush & Joseph P. Folger (1994), The Promize ofMediation: Responting to Conflict Through Empowerment and Recognition Jossey -Bass Publishers, San Francisco. In Vietnam, scientific research on theoretical issues, including the concept and development of commercial dispute resolution, is currently limited Books and articles rarely go into detail on comparing Vietnamese Law on Commercial Dispute Resolution with foreign laws.
Typically, there are some works and articles on each dispute resolution method or overview of commercial disputes, such as Duong Nguyệt Nga (2007)! and Phan Chi Hiéu (2006)! analyses the concept of business and commercial disputes, methods of resolving business and commercial disputes (negotiation, arbitration and court) and make several recommendations to improve the law on these methods.