To provide in-depth knowledge and practical skills on international arbitration to businesses for effective management of arbitration cases, on the afternoon of October 22, 2024, Ho Chi Minh City University of Law, in collaboration with the School of Law – Singapore Management University (SMU), organized a seminar on the topic "Managing Arbitration Cases and the Role of the Chief Counsel in Business."
Overview of the meeting at Room A.905
The seminar was attended by and featured speakers who are experts in the field of international arbitration from Vietnam and Singapore, including Associate Prof. Dr. Tran Viet Dung, Vice President of Ho Chi Minh City University of Law, Senior Advisor at DL & Partners, and arbitrator at VIAC; Prof. Darius Chan, Deputy Director of the International Dispute Resolution Academy (SMU); Attorney Pham Minh Thang, Member of YKVN Law Firm; Attorney Danny Quah, Member of CHP Law LLC (Singapore), along with lecturers, specialists, trainees, students, and practitioners with an interest in the field.
In the context of today’s global economic integration, the number of Vietnamese businesses participating in international trade transactions is steadily increasing. Concurrently, disputes arising from these transactions have become more common, and resolving these disputes through international arbitration has emerged as a suitable solution. However, in practice, Vietnamese businesses still often overlook equipping themselves with experience and knowledge about international arbitration, which leads to numerous challenges and concerns when facing complex and costly arbitration procedures. In reality, businesses cannot avoid arbitration procedures, as it is an integral part of international commercial practice. Therefore, providing businesses and their legal departments with the necessary knowledge and skills in international arbitration has become urgent to better manage legal risks.
The seminar began with a presentation titled "International Arbitration: Understanding the Differences and Choosing the Appropriate Venue and Location for Arbitration Hearings," by Associate Prof. Dr. Tran Viet Dung – Vice President of the University, Senior Advisor at DL & Partners, and Arbitrator at VIAC. He explained the differences between domestic arbitration and international arbitration. The use of international arbitration has gradually increased, as it offers simpler enforcement procedures. The fundamental difference between international arbitration and domestic arbitration is that in international arbitration, the parties can choose the arbitration venue, and they are free to choose the applicable laws and international conventions. In contrast, in domestic arbitration, the parties must apply the laws of the host country. In terms of jurisdiction, domestic arbitration has jurisdiction only within the country, while international arbitration aims to be as neutral as possible, applying the jurisdiction of the arbitration country, as well as foreign laws and conventions.
The speaker also addressed the issue of arbitration in Vietnam. Currently, Vietnam is a member of the New York Convention and holds a certain position in the international market. The trend of using arbitration to resolve disputes in Vietnam is gradually replacing court litigation, due to the advantages that arbitration offers in the Vietnamese context.
Assoc. Dr. Tran Viet Dung presenting his discourse at the seminar
Continuing the seminar, Attorney Pham Minh Thang – a Member of YKVN Law Firm – presented in detail the arbitration procedural process. The international arbitration procedure includes the arbitration notice, responding to the arbitration notice or filing a counterclaim, selecting a third arbitrator, appointing the chief counsel, and establishing the arbitral tribunal. Through his presentation, the speaker clarified the key procedural aspects and provided practical insights into managing the arbitration process, from the arbitration notice to the enforcement of the award.
Attorney Pham Minh Thang, a member of YKVN Law Firm, presented on the arbitration procedural process.
As part of the seminar, Attorney Danny Quah – a member of CHP Law LLC (Singapore) – presented on the international arbitration environment in Singapore, as well as practical knowledge on managing the arbitration process. He focused on drafting effective arbitration clauses, understanding the key factors such as the applicable law, arbitration venue, language, and the rules of the arbitral institution.
Attorney Danny Quah delivered a presentation during the seminar.
The presentation on "Time and Cost Management: Exploring Techniques to Save Time and Costs," delivered by Prof. Darius Chan – Deputy Director of the International Dispute Resolution Academy (SMU), shared valuable insights on time and cost management. He discussed techniques for saving time and costs, including case management strategies, and presented five key principles to optimize time and cost management in arbitration cases.
Assoc. Prof. Darius Chan, Deputy Director of the Singapore Management University (SMU) Institute of International Dispute Resolution, shared extensive insights from his professional career.
The seminar concluded with an engaging discussion and exchange between the expert speakers and the attendees on issues related to international arbitration, as well as practical skills such as language and negotiation techniques. Additionally, the discussion touched on future directions for the development of the arbitration profession.
The attendees asked questions during the discussion session with the experts at the seminar.
The seminar provided both theoretical and practical value for Vietnamese businesses. The international experiences and legal techniques shared during the event will help corporate lawyers not only minimize risks but also optimize time and costs for their organizations. It can be said that the seminar served as an opportunity for Vietnamese businesses to enhance their legal capacity and prepare for global legal challenges.
The speakers at the seminar took a commemorative photo at the event.
Content: Huyen Dieu
Photo: Phuong Nghi
Ulaw Media Department