Launching Ceremony of Vietnam Mediation Centre and the Official Release of VMC Mediation Rules 2018

18/06/2018 16:05

Launching Ceremony of VIETNAM MEDIATION CENTRE, a division of VIETNAM INTERNATIONAL ARBITRATION CENTRE and the Official Release of VMC Mediation Rules 2018

Trong hình ảnh có thể có: 1 người, trong nhà

On 29 May 2018, the Vietnam International Arbitration Centre ran the Launching Ceremony of Vietnam Mediation Centre (“VMC”), a division of Vietnam International Arbitration Centre in Hanoi. VMC is the first unit in Vietnam to provide professional service of commercial mediation under the Decree No. 22/2017/ND-CP dated 24 February 2017 on commercial mediation.

The Board of Director of VMC includes leading experts who have earned credibility in business community as well as in the society:

Trong hình ảnh có thể có: 1 người

Mr. Nguyen Si Dzung holds the position of Director of VMC. Mr. Director Dzung used to be the former Deputy Director of the Office of the National Assembly (2003-2016) and is recognized as one of leading experts in political science in Vietnam.

Trong hình ảnh có thể có: 1 người, bộ vét

The Deputy Director of VMC is Mr. Nguyen Manh Dzung who currently is the Senior International Mediation Expert of the Mainland – Hongkong Joint Mediation Centre and also listed Mediator at Japan International Mediation Centre. Mr. Deputy Director Dzung will oversee one of core VMC’s functions - administering mediation processes at VMC.

In charge of supervising day-to-day operation of VMC is the Permanent Deputy Director of VMC - Mr. Phan Trong Dat. Dat concurrently is the Vice Secretaty General of VIAC and is the accredited mediator of Centre for Effective Dispute Resolution.

Trong hình ảnh có thể có: 8 người, mọi người đang cười, mọi người đang đứng và bộ vét

In the ceremony, VMC proudly introduced its first 11 Mediators who are also reputable experts in many fields of commercial activities to be listed in the VMC’s List of Mediators. The List is expected to be good recommendations for disputing parties for their selection of mediator(s) and shall be expanded with more brilliant faces in near future. One of the most important part of the ceremony is the announcement of the official release of the Mediation Rules of the Vietnam Mediation Centre 2018 (“VMC Mediation Rules 2018”). The VMC Mediation Rules 2018 are available on the Vietnam International Arbitration Centre (VIAC) website from 29th May 2018, and will come into force on 1st July 2018.

The VMC Mediation Rules 2018 were drafted by the VIAC’s Editorial Board working closely with the international mediation experts from the International Finance Corporation (IFC), the World Bank Group, who help to assure that the VMC mediation process meet the principles of an international mediation process. The Rules have also been thoroughly commented by experts on legal proceedings in Vietnam to ensure that VMC's mediation process comply with the legal framework under the Decree No. 22 / ND-CP on Commercial Mediation and shall operate efficiently in practice.

Some of the key highlights of the VMC Rules 2018 include: (i) the party autonomy is always respected(the disputing parties jointly decide on almost all matters of procedures: the appointment of mediator, steps of the mediation process as well as the outcome of the mediation process) – this is a basic distinction between a mediation process and any other litigation and arbitration) – Articles 3, 4 and 13 of VMC Rules; (ii) the standards for the independence, impartiality, objectivity and honesty of a mediator are set at a very high bar (there is not a procedure for challenging a mediator, if there is any fact that might cause any doubt about the independence, impartiality, objectivity and honesty of the mediator being disclosed, the step of new appointment will be triggered unless the parties expressly agree on that mediator still conducting the mediation) – Articles 5 and 7 VMC Rules; (iii) principle of two-tier confidentiality (all the information in mediation shall be kept confidential among parties and the mediator; the information in a private mediation session with a party shall be kept confidential between that party and the mediator) – Articles 8 and 11 of the VMC Rules.

In addition, the role of VMC in coordinating, supporting and facilitating mediation procedures is expressly set out at Articles 4 and 8 of VMC Rules, which ensures that the mediation process will be administered in a legitimate, flexible, friendly and efficient manner and will satisfy the businesses mediated at VMC.

Together with the Mediation Rules and the List of Mediators, the Fee Schedule, VMC shall soon issues document forms and templates for users’ convenience.

After the congratulations speeches and messages from the Department of Judicial Support of Ministry of Justice; Vietnam Chamber of Commerce and Industry, the IFC – member of Worldbank Group and business associations, to wrap up the ceremony, both Mr. President Huynh and Mr. Director Dzung expressed their gratitude to all distinguished guests and reporters and their confidence on the development of VMC in the time to come.

Share Post
  • VIAC welcomed representative delegation of The Chinese Arbitration Association (CAA) 06/05/2019 10:23

    On 31 March – 4 April 2019, CAA delegation led by Honorary Chairman, Mr. Nigel N.T. Li, with members including Mr. James C.C. Ku (President of CAA Mediation Centre / CAA Standing Director), Mr. Chia-Ching Lee (CAA Standing Director), Ms. Helena Hsi-Chia Chen (Vice President of CAA Mediation Centre), and Ms. Winnie Jo-Mei Ma (Deputy Secretary-General) visited Vietnam. This visit aimed at strengthening CAA’s cooperation framework with arbitral institutions in Vietnam, as well as to assisting Taiwanese enterprises based in Vietnam with alternative dispute resolution such as arbitration and mediation.


  • Message from the Secretary General 2019 13/02/2019 10:57

    It somehow is always one of the most special time of the year to me, at a very late afternoon in year-end days, I was sitting at my desk and flipping through the 2018 Report of Vietnam International Arbitration Centre (VIAC) 

  • Trade disputes on the rise in Vietnam 25/01/2019 10:28

    The Vietnam International Arbitration Center (VIAC), one of the 22 arbitration centers mediating disputes outside the courts, received 180 cases last year, with a combined dispute value of VND9.4 trillion, the highest in its 25-year history and higher than the previous year’s figure.

  • Cooperative agreement signing ceremony between VIAC and PCA 27/12/2018 10:27

    On the afternoon of December 17th 2018, Vietnam International Arbitration Centre (VIAC) has signed the Cooperative Agreement with the Permanent Court of Arbitration (PCA).

  • Transshipment risks for steel makers 16/11/2018 15:00

    The escalating trade dispute between the US and China is causing headaches for Vietnam when dealing with the re-routing of goods, and could lead to it becoming a “transshipment hub” for overseas products.

  • Hong Kong court refuses to enforce an arbitral award on the basis of violation of public policy 02/11/2018 09:30

    The Hong Kong Court of First Instance (“CFI”) refused to recognize and enforce an arbitral award (“Award”) of the China Guangzhou Arbitration Commission (“Commission”) on the basis that enforcement under section 95(3)(b) of the Hong Kong Arbitration Ordinance would be contrary to the public policy of Hong Kong

  • Signing of co-operation agreement with CIArb and ICDR/AAA 15/10/2018 11:21

    On October 12th 2018, Vietnam International Arbitration Centre (VIAC) has signed a Memorandum of Understanding (MoU) with the Chartered Institute of Arbitrators, London Branch and a Cooperation Agreement (CA) with the International Centre for Dispute Resolution (ICDR), a division of the American Arbitration Association (AAA) as part of the opening ceremony for the Introduction to International Arbitration Course, hosted by VIAC and CIArb, London and sponsored by ICDR at Deutsche Haus Building, Ho Chi Minh City.

  • Mitigating investment risk – treaty planning and damages claims against state entities 27/08/2018 10:27

    What do these three scenarios have in common? An investor is negotiating a contract with a state entity in a high-risk jurisdiction. An investor – an individual or a corporate entity – is considering how to structure its holdings in a tax efficient manner. An investor is facing potential asset nationalisation or breach by a state entity of its contractual obligations.