OVERVIEW OF ADR VIETNAM CHAMBERS’ ACHIEVEMENTS IN 2023 -

OVERVIEW OF ADR VIETNAM CHAMBERS’ ACHIEVEMENTS IN 2023

The year 2023 has been successful and full of animated activities by ADR Vietnam Chambers and its members: Arbitrator Nguyen Manh Dung and Tribunal’s Clerk Ha My Linh, among which are various events that contribute to the development and facilitation of arbitration in Vietnam. The 2023 milestones are presented below.

I. Acting as the presiding arbitrator and co-arbitrator

1. Presiding arbitrator as selected by members of the tribunal in the dispute settled by arbitration under the domestic arbitration rules that is related to an international sales contract between Vietnamese corporation and an international corporation in ;
2. Presiding arbitrator as selected by members of the tribunal in the dispute settled by arbitration under the domestic arbitration rules that is related to a construction contract concluded between an international contractor and a Vietnamese investor;
3. Presiding arbitrator as appointed by a domestic arbitration institution to resolve the dispute that is related to real estate;
4. Co-arbitrator as appointed by a domestic arbitration institution to resolve the dispute that is related to a commercial contract between a foreign invested enterprise (FDI) and a Vietnamese corporation.
5. Co-arbitrator as appointed by an international arbitration institution to resolve the dispute arising out of a shareholders’ agreement between a foreign corporation and a Vietnamese invested enterprise.
6. Co-arbitrator as appointed by an international arbitration institution to resolve the dispute arising out of an international sales contract between two international corporations.

II. Professional Awards

1. On 22 May 2023, Arbitrator Nguyen Manh Dung was recognized as the Outstanding Arbitrator of the Vietnam International Arbitration Center (VIAC) and as the Outstanding Mediator of the Vietnam Mediation Center (VMC).
2. Lawyer Nguyen Manh Dung was named as the Top 100 Leading Lawyers in Vietnam in 2022 by the Asia Business Law Journal.
3. Lawyer Nguyen Manh Dung was recognized as the Global Leader and National Leader for Vietnam jurisdiction in both Transport – Shipping and Arbitration sectors by Who’sWho Legal in association with Global Arbitration Review (GAR)

III. Training and Education on ADR

1. On November 11th, 2023, Arbitrator Nguyen Manh Dung was engaged in delivering a presentation concerning the Powers and Duties of the Arbitral Tribunal at The Training Course on Dispute Resolution Skills Using Arbitration hosted by the Vietnam International Arbitration Research and Training Institute (VIART) in Hanoi. The training program involved 22 participants, comprising legal academics, attorneys, in-house counsels, and business representatives.
2. On November 29th to December 3rd, 2023, Arbitrator Nguyen Manh Dung, representing the Vietnam Institute for Arbitration Research and Training (VIART), participated in Arbitration Skills Camp jointly organized by the Vietnam International Arbitration Center (VIAC) and the United States Agency for International Development (USAID). The training aimed to provide necessary skills for Vietnamese arbitrators, facilitated by international experts, aiming to apply this knowledge towards organizing training programs for Vietnamese arbitrators in the near future.
3. Arbitrator Nguyen Manh Dung participated in the Scientific Conference on “Alternative Dispute Resolutions (ADR) in the field of international commerce and relevant legal issues” organised by ALSA Vietnam - Local Chapter Hanoi for law students. As the Chair of the conference, Arbitrator Nguyen Manh Dung had directed the conference with profound and wholesome discussion on alternative dispute resolutions in international commerce.

IV. Contribution to the amendment of the Law on Commercial Arbitration

1. Arbitrator Nguyen Manh Dung contributed to the commentary and discussion on the amendment of the Law on Commercial Arbitration. He also shared his knowledge and practical experiences in the seminar series on the issues neccessary amendment in the Law on Commercial Arbitration 2010 and VIAC Arbitration Rules - Reference to practices in Vietnam, international practices and experiences, UNCITRAL Model Law on International Commercial Arbitration and UNCITRAL Arbitration Rules.
2.  On the morning of August 25, 2023, in Hanoi, Arbitrator Nguyen Manh Dzung presented at the seminar addressing proposed revisions to the Law on Commercial Arbitration. The Vietnamese Lawyers Association organised the conference with the participation of representatives from the Ministry of Justice, the Vietnam International Arbitration Center (VIAC), and lawyers, arbitrators, and arbitration institutions in Vietnam.
3. On 29 September 2029, Arbitrator Nguyen Manh Dung participated in the presentation on the “Inadequacies in the Implementation of the Law on Commercial Arbitration 2010 under the Perspective from the UNCITRAL Model Law” at the Conference on commercial arbitration practices in Vietnam in 2023, held directly by the Ministry of Justice in Ho Chi Minh city. For details, see the following link: Link.

V. Organising conference on arbitration and conference series on arbitration

The arbitration series lasted from 6 October 2023 to 17 November 2023 with 7 up-to-date topics on arbitration and the participation of 43 speakers who are arbitrators, lawyers, and lecturers in field of arbitration in Vietnam and in the world for the discussion and exchange of comments on the recommendations in the Draft Amendment on the Law on Commercial Arbitration 2010 by Vietnam Lawyers Association and other issues requiring amendment in the Law on Commercial Arbitration. The conference series attracted approximately 2400 registration from 205 law firms, 228 corporations, 45 national and international law schools as well as domestic arbitration centres and government entities. The conference series were jointly organised by ADR Vietnam Chambers, Hop Dang’s Chambers, VIAC, Vietnam International Law Firm LLC (VILAF), YKVN LLC, Faculty of Law of Foreign Trade University, Faculty of International Trade Law of Hanoi Law University, Faculty of International Law of Ho Chi Minh University of Law, support units from Vietnam Society of Construction Law (SCLVN), and Vietnam Business Lawyers Club (VBLC).

VI. Participation in international conferences and events

1. On 14 April 2023, Arbitrator Nguyen Manh Dung presented on Case Management Issues at the Discussion forum "Facilitating the proceedings of settling disputes by arbitration in Vietnam". The Discussion forum was jointly organized by VIAC, Ho Chi Minh University of Law, and the Ho Chi Minh city Bar Association. For details, see the following link: Link.
2. On 17 April 2023, Arbitrator Nguyen Manh Dung participated and gave a presentation at the Ho Chi Minh International Construction Arbitration Conference (HICAC 2023) and the Vietnam ADR Week 2023. For details, see the following links: Vietnamese: Link; English: Link.
3. On 28 April 2023, Arbitrator Nguyen Manh Dung participated in a group discussion with the International Court of Arbitration of ICC, The London Court of International Arbitration (LCIA), Hong Kong International Arbitration Center (HKIAC), Singapore International Arbitration Center (SIAC), and 20 arbitrators in Asia on the appointment of arbitrators and constitution of the arbitral tribunal under different arbitration rules to ensure the equality and diversity in international arbitration proceedings.
4. On 5 May 2023, Arbitrator Nguyen Manh Dung participated in the ASA Arbitration Practice seminar jointly organised by Hong Kong International Arbitration Center (HKIAC) https://www.hkiac.org/ and Swiss Arbitration Association https://www.swissarbitration.org/asa/ on Phuket Island in Thailand.
5. On 29 June 2023, Arbitrator Nguyen Manh Dung delivered an intriguing presentation on “Evidence and Arbitral Awards in International Commercial Arbitration” in the first training course organised by the Representative Office of the Permanent Court of Arbitration in Hanoi for Vietnamese State Agencies. For details, see the following link: Link.
6. From 28 October 2023 to 1 November 2023 Arbitrator Nguyen Manh Dung participated in Seoul ADR Festival in Seoul, South Korea jointly with representatives from VIAC, Vietnam Society of Construction Law (SCL Vietnam), arbitrators, and lawyers and cooperated with the International Arbitration Committee of KCAB International.
7. On 8 November 2023, Arbitrator Nguyen Manh Dung participated in presenting on “The Practice of Commercial Arbitration in Vietnam - A Comparative Perspective with International Commercial Arbitration” in the conference on “Alternative Dispute Resolutions - A Comparative Analysis of the Perspectives and Practices in France and Vietnam” jointly and directly held by Vietnam Ministry of Justice and France Ministry of Justice in Hanoi. For details, see the following link: Link.
8. On 16 November 2023, Arbitrator Nguyen Manh Dung and Tribunal’s Clerk Ha My Linh participated in the first annual event held by the Permanent Court of Arbitration (PCA) in Hanoi.

VII. Supporting and facilitating the legal profession in Vietnam

 On the occasion of the anniversary for the 30th year of practicing as a commercial lawyer in Vietnam, Lawyer Nguyen Manh Dung, together with long-time and experienced practitioners, shares the experiences and contributes to the development of the future of the legal profession for the younger generation of lawyers. Not only does the anniversary create valuable learning opportunities, but also fosters the environment for exchange of ideas and experiences, as well as the connection between previous and future generations of lawyers.

VIII. Publications

1. Arbitrator, Mediator Nguyen Manh Dung is the author of the writing “Beyond Successful Mediation: Voluntary Compliance and Enforcement of Compliance”, a topic in the publication in July 2023 of Vietnam Mediation Center (VMC). In the writing, Arbitrator, Mediator Nguyen Manh Dung introduces the process of drafting the Decree No. 22 22/2017/ND-CP on Commercial Mediation, assesses the practice in the recognition and and enforcement of the terms of settlement, and gives his recommendations on the improvement of the legal framework on commercial mediation in Vietnam. For details, see the following link: Link.
2. Nguyen Manh Dzung & Ha My Linh, (2023), Vietnam Chapter, In National Reports, World Arbitration Reporter (WAR) 2nd Edition. https://arbitrationlaw.com/library/vietnam-national-report-world-arbitration-reporter-war-2nd-edition.

The digital library accessible through https://independent.academia.edu/ManhDzungNguyen reaches over 72000 access and downloads with over 300 materials, publications with more than 2000 regular readers.

Presentation materials and publications are publicly uploaded for reference by law students, lecturers in law, lawyers, and arbitrators at https://independent.academia.edu/ManhDzungNguyen and on the Youtube Channel of ADR Vietnam Chambers: https://www.youtube.com/@adrvietnamchambers649/videos .

For any further detailed information, please contact Ms. Ha My Linh through email address: linh.ha@adr.com.vn for prompt support.

ADR Vietnam Chambers LLC wishes you a merry Christmas and New Year full of joy and happiness!