As a part of the cooperation agreement signed between the two parties in 2023, on January 17th 2024 and January 19th 2024, Vietnam Mediation Centre (VMC), a division of Vietnam International Arbitration Centre (VIAC) and Singapore International Mediation Centre (SIMC) successfully organized the seminar on "International Dispute Resolution in the Post-Pandemic Era: Trends and Challenges".
The Seminar on January 17th in Hanoi and January 19th in Ho Chi Minh City
The seminar was attended by representatives from two leading international mediation centers in Vietnam and Singapore. On behalf of VMC, Mr. Phan Trong Dat, Acting Director of VMC, and Mr. Nguyen Trung Nam, Deputy Director of VMC. On behalf of SIMC, Mr. George Lim SC, Chairman of SIMC, and Mr. Chuan Wee Meng, CEO of SIMC. The seminar had the presences of nearly 120 participants, including VIAC arbitrators, VMC mediators, mediators from other mediation centers in Vietnam, lawyers, legal experts, business representatives, lecturers, and the ADRs practitioners.
Mr. Vu Anh Duong, Permanent Vice President cum Secretary General of Vietnam International Arbitration Centre (VIAC) delivered his opening speech
In the opening speech, Mr. Vu Anh Duong - Permanent Vice President cum Secretary General of Vietnam International Arbitration Centre (VIAC) – shared that commercial mediation is a dispute resolution method with a long history of formation and development across the world, and it is relatively popular due to its superior advantages over other dispute resolution methods. Mediation not only saves time and cost for the parties involved, but also helps them to maintain their partnership and business relationship. Beyond a dispute resolution method, mediation is also a traditional cultural feature in countries within the East Asia region, including Vietnam and Singapore.
“Beyond a dispute resolution method, mediation is also a traditional cultural feature in countries within the East Asia region, including Vietnam and Singapore”- Mr. Duong emphasized.
Mr. Duong also extend his gratitude to SIMC for sharing their goals in contributing knowledge, experience, and understanding of international commercial mediation, as manifested through their collaboration with VIAC/VMC in organizing today's Seminar.
Mr. Phan Trong Dat – Acting Director of Vietnam Mediation Centre (VMC), a division of VIAC
Opening the seminar, the speakers gave a brief introduction to the two mediation centers, VMC and SIMC. Mr. Phan Trong Dat, Acting Director of the Vietnam Mediation Center (VMC) under VIAC - highlighted some of VMC's outstanding achievements in the field of dispute resolution. As the first institution in Vietnam to provide professional commercial mediation services in accordance with Decree No. 22/2017/ND-CP on Commercial Mediation, after 05 years of operation, VMC has achieved many achievements in the fields of dispute resolution, promotion and training, and international cooperation. In the field of dispute resolution, VMC has received and processed 39 cases, of which 91% of the total successfully concluded by an MSA and 100% of the total were voluntarily implemented. This is a promising signal for businesses in Vietnam. In addition, VMC has recruited 58 mediators who are leading experts in the fields of law and economics and have been trained in depth on dispute resolution in general and commercial mediation in particular.. In promotion and trainingVMC also regularly organizes training courses on mediation for lawyers, in-house counsel, lecturers, etc. In addition, VMC representative also emphasised on the achievements of extends its international cooperation with major mediation centers in the region.
Mr. Chuan Wee Meng– CEO of Singapore International Mediation Centre (SIMC)
Mr. Chuan Wee Meng - CEO of the Singapore International Mediation Centre (SIMC) - shared that despite being still a relatively young with nearly 10 years of history, SIMC has accomplished many achievements in the fields of dispute resolution, training, mediation promotion, and thought leadership. In addition, Chuan Wee Meng also emphasized that SIMC is a non-profit organization. Therefore, the core objective of SIMC is to ensure the success of the parties in finding a solution to cross-border commercial dispute.
Mr. George Lim SC – Chairman of Singapore International Mediation Centre (SIMC)
In the second part of the seminar, the speakers focused on the issue of promoting mediation in international dispute resolution. Mr. George Lim SC -Chairman of SIMC - noted that in the context of post-pandemic, mediation is developing very rapidly around the world. He emphasized the explosive growth of mediation around the world and cited SIMC's success stories throughout Asia and Latin America. In addition, Mr. George Lim SIC also emphasized the unique advantages of the commercial mediation method. Unlike judges or arbitrators, mediators can offer creative solutions that help parties achieve benefits beyond simply resolving the existing dispute. They can help parties repair relationships, resolve potential interests, and even create new agreements, turning conflict into opportunity. This flexibility is especially well-suited for complex cross-border disputes or in cases where maintaining a relationship is essential.
Ms. Hoang Nguyen Ha Quyen - Managing Partner of LNT & Partner, VMC’s listed Mediator
Ms. Hoang Nguyen Ha Quyen - Managing Partner of LNT & Partner, VMC’s listed Mediator -believed that mediation is becoming increasingly popular in Vietnam due to its many advantages over litigation, including protecting the common interests of the parties, time, and resources. In addition, Ms. Quyen emphasizes the important role of the mediator in facilitating communication between the parties, helping them to find common ground and reach an agreement in a timely manner.
Mr. Tony Nguyen – Deputy Director of Vietnam Mediation Centre (VMC)
Mr. Nguyen Trung Nam - Deputy Director of VMC - cited two cases to illustrate the potential of the commercial mediation method. The first cases involves a dispute over a coal-fired power plant project hampered by financing issues and new environmental regulations. Traditional arbitration wouldn't address the underlying need to adjust the contract and explore alternative financing. However, mediation could have facilitated such adjustments and potentially salvaging the project. The second case concerns an M&A dispute where the buyer, concerned about ESG non-compliance by the Vietnamese startup, initially threatened to sell back the shares. Mediation allowed the parties to address the problem collaboratively, finding a solution that benefited both instead of simply returning the shares.
In addition, Mr. Nam also shared his perspective on the promising opportunities for mediation in Vietnam, especially in sectors such as green energy, M&A, and digital assets. The growing focus on ESG compliance and the lack of a legal framework for digital assets create complex disputes where the flexibility of mediation will be key to achieving a mutually beneficial outcome.
