VIAC Arbitration Center and UEH Jointly Organizing a Seminar on "Time to Resolve Disputes in Arbitration and the Impact of Relevant Litigation Procedures" as Part of the AMS 2025 Series

24 Mar, 2025

On March 14, 2025, a seminar on "Time to resolve disputes in arbitration and the impact of related litigation procedures" took place at Campus B with the participation of legal experts, lawyers, leading scholars, and more than 100 UEH students. The event aimed to assess the current situation, to identify bottlenecks in the dispute resolution process as well as to suggest solutions for dispute resolution in arbitration.

Overview of the seminar

Opening the seminar, Associate Professor Dr. Pham Khanh Nam - Rector of the UEH College of Economics, Law and Government (CELG) - delivered the opening speech emphasizing that the time to resolve disputes had an important impact on the investment environment. He affirmed that shortening the processing time should save costs and maintain businesses' confidence in the market. Therefore, experts can identify bottlenecks in the dispute resolution process and make effective recommendations for a sustainable investment environment.

Assoc.Prof.Dr. Pham Khanh Nam - Rector of CELG-UEH - at the program

At the seminar, Dr. Tran Huynh Thanh Nghi - Director of the Economic Law Program - CELG presented his article on "Operating arbitration proceedings when bankruptcy proceedings arise: Legal provisions and issues arising in practice". Dr. Tran Huynh Thanh Nghi analyzed the challenges in the process of resolving disputes through arbitration proceedings when bankruptcy proceedings arise, including that the court could suspend the dispute resolution by arbitration, the feasibility of implementing the advantages of arbitration proceedings, the complexity of the legal framework when there was an overlap between the Bankruptcy Law and the Law on Commercial Arbitration. In addition, Dr. Tran Huynh Thanh Nghi compared the legal provisions between Vietnam, Japan, and China to suggest appropriate solutions to legal conflicts.

Dr. Tran Huynh Thanh Nghi - Director of the Economic Law program, CELG

Lawyer Le Thanh Kinh - CEO of Le Nguyen Law Firm, Arbitrator of Vietnam International Arbitration Center (VIAC), Mediator of Vietnam Mediation Center (VMC) - presented the topic "Criminal factors and their impact on the dispute resolution process at arbitration". The content of the presentation focused on the temporary suspension of disputes at arbitration and the coordination between arbitration and relevant agencies when implementing the arbitration proceedings in parallel with the process of handling civil matters or criminal cases.

Lawyer Le Thanh Kinh - CEO of Le Nguyen Law Firm LLC, Arbitrator of Vietnam International Arbitration Center (VIAC), Mediator of Vietnam Mediation Center (VMC)

Associate Professor, Dr. Nguyen Ngoc Dien - Senior Advisor of the Institute of International and Comparative Law, University of Economics and Law, Vietnam National University - Ho Chi Minh City (UEL) - presented a paper on "Coordination between arbitrators and relevant agencies when implementing the arbitration proceedings in parallel with the process of handling civil or criminal cases". Associate Professor, Dr. Nguyen Ngoc Dien emphasized the principle of fairness and impartiality in arbitration proceedings when a disputing party was prosecuted for criminal liability. He proposed that arbitrators should maintain their authority independent of the court and avoid having their judgments influenced by the outcome of criminal cases.

Assoc.Prof.Dr. Nguyen Ngoc Dien - Senior Advisor, Institute of International and Comparative Law, University of Economics and Law, Vietnam National University Ho Chi Minh City (UEL)

Lawyer Nguyen Trung Nam (Tony Nguyen) - Founder of EPLegal Limited - presented a paper on “Suspension of Disputes in Arbitration: Practical Application in Vietnam and International Experience”. He presented the practical application of the provision on suspension in arbitration proceedings in Vietnam and other countries. He emphasized that Vietnam does not have specific regulations while the parties, according to the UNCITRAL and ICC Model Laws, should or can agree to suspend proceedings for a maximum of two years. However, this should be done carefully to avoid being exploited to prolong the dispute resolution process.

Fast and effective dispute resolution in arbitration in the context of practical applied research

Dr. Duong Kim The Nguyen - Dean of the School of Law, UEH College of Economics, Law and Government and Lawyer Chau Viet Bac - Deputy General Secretary of the Vietnam International Arbitration Center (VIAC) - moderated the discussion session revolving the following key issues: (1) Choosing between court and arbitration in dispute resolution; (2) Solutions to limit the situation of annulling arbitration awards; (3) The role of emergency arbitrators and the authority of the chairman of the arbitration council; (4) Mechanism for resolving conflicts of law between the Law on Arbitration and other relevant laws.

Dr. Duong Kim The Nguyen - Dean of the School of Law, UEH College of Economics, Law and Government and Lawyer Chau Viet Bac - Deputy Secretary General of the Vietnam International Arbitration Center (VIAC) - moderating the discussion session

Dr. Duong Kim The Nguyen pointed out the practical need to review cases of temporary suspension of arbitration proceedings, and proposed amending the Law on Commercial Arbitration to ensure transparency, efficiency and speed in the dispute resolution process.

The discussion session

Lawyer Chau Viet Bac remarked that this seminar was the opening event of a series of four thematic seminars in the AMS 2025 series to identify barriers in dispute resolution time. According to statistics, the number of disputes in Ho Chi Minh City has increased by 20% compared to that of last year, with an average resolution time of 4 to 6 months. Hopefully, through the seminar series at Universities, starting at the University of Economics Ho Chi Minh City (UEH), there would be increased opportunities for cooperation with researchers, lecturers, students, and experts in the legal field to apply research results to management and business practices.

Delegates taking photos

The seminar provided insights into the legal challenges in resolving commercial disputes and proposed many practical solutions. This was an important first step in perfecting the legal framework towards a more transparent and effective investment environment.

News and photos: School of Law, CELG-UEH