The Ministry of Justice is presiding over and coordinating with relevant ministries and branches to develop a draft proposal “Enhancing the capacity of the team of arbitrators, arbitration centers and orienting one or several international arbitration centers with the ability to compete in the period 2018 – 2023”.
The Vmoot 2017 National Court of Pretend Contest for students takes place at the University Ho Chi Minh City Law with professional support from Vietnam International Arbitration Center (VIAC)
This is considered as one of the positive moves to improve the quality and promote the demand for using the service. arbitration in resolving trade disputes, reducing court trial work, contributing to improving the investment, business and international integration environment.
The content of the above project indicates the goal of completing the institution of commercial law, commercial arbitration (trade center) and legal system to support the operation of Shopping center. This is to ensure an effective arbitration dispute resolution mechanism, ensuring that legally valid arbitral awards are enforced in practice, limiting the cancellation of arbitral awards without legal basis. physical. In addition, it is necessary to develop and promulgate a mechanism to strengthen the inspection and supervision of the implementation of the provisions of the Trade Center law, especially the supervision of the cancellation of arbitral awards; oversee the recognition and enforcement of foreign arbitral awards in Vietnam.
For arbitrators and projects, it is necessary to improve the quality of training and retraining in professional, legal knowledge, foreign language skills and skills resolving disputes and professional ethics for arbitrators; especially in specialized areas such as investment, international trade, finance, banking, insurance. In addition, quickly research and deploy the establishment of the National Trade Center Association to support the development of arbitration activities in general and develop the Arbitration team in particular. At the same time, research, build, promulgate and implement the Code of Ethical Code on career of arbitrators.
For Arbitration Centers, the project requires to improve the professionalism and international integration of Arbitration Centers; Arbitration centers focus on building a team of qualified, professional and qualified foreign language teachers to meet the requirements of dispute resolution in the context of socio-economic development and integration sacrifice. In addition, Shopping Center Centers should develop procedural rules in accordance with the Trade Center Law, Uncitral Arbitration Rules and the practices of Vietnam in shopping centers. In addition, it is necessary to strengthen facilities, invest in modern equipment to serve trade centers activities to meet the growing demand for dispute settlement and international integration requirements.
In addition, arbitration centers also actively build mechanisms and policies to attract international arbitrators, foreign lawyers, experts and lawyers good at domestic expertise, foreign language proficiency participating in arbitration dispute resolution. The goal is to meet the needs of resolving international trade disputes, improving the competitiveness of domestic arbitration centers with regional and international arbitration centers. At the same time, the Arbitration Center should strengthen the mechanism of cooperation between trade centers and international arbitration organizations to learn experiences, receive the necessary support to strengthen the capacity of organizations and activities. My action.
Noticeable highlight is to encourage arbitration centers to promote the image and activities of Vietnamese referees on domestic and international forums. ; Encouraging domestic and international investors to use domestic arbitration centers to resolve their disputes. The scheme also suggests choosing and supporting 1-2 arbitration centers to deal with many commercial cases, having a team of professional, reputable and experienced arbitrators … to be central Talent points are competitive in the region and the world.
Promoting the use of arbitration services
The scheme emphasizes the implementation of synchronous solutions to encourage the need to use arbitration services in resolving domestic and international commercial disputes. . Promote the propagation and dissemination of the Law on Trade Center in various forms to raise the awareness of individuals, agencies and organizations, especially the people’s courts, judgment enforcement agencies at all levels and the business community ( domestic as well as foreign invested in Vietnam). The role and effectiveness of arbitration in resolving trade disputes should be regularly propagated. The scheme also encourages and creates favorable conditions for individuals, agencies, organizations and business enterprises to access arbitration services through forums such as seminars, seminars, propaganda and spectrum. turn and promote arbitration activities on newspapers, radio and websites of related agencies and organizations.
The development of a separate curriculum, subject for alternative dispute resolution outside the court; including resolving disputes by trade centers has been widely informed at universities teaching law, economics, business administration, commerce, law vocational training schools, judges. .. in order to provide knowledge of how to resolve disputes by commercial arbitration for students and related subjects.
The above activities aim to improve the quality of shopping centers, thereby creating trust for individuals, organizations and domestic and foreign businesses. At the same time, contributing to improving the quality of court support for arbitration under the provisions of the Commercial Law; improve the quality of arbitral awards, ensure the enforcement of arbitral awards in practice, limit abuse and abolish arbitration rulings without legal grounds.
One of the information that readers are interested in, is the project to encourage arbitration center to announce a part or full of arbitration and judgment decision. User samples. In addition, the Arbitration Center also noted that the court’s decision to cancel or not to cancel the arbitration award should be made available to the arbitrators with the opportunity to study, consult and apply in the process. dispute resolution.
The role of state management of trade centers is quite clear, which is to enhance the effectiveness and efficiency of state management of trade centers, with tax incentives for Arbitration centers. It is necessary to strengthen facilities, consolidate and improve the capacity of the central and local justice cadres to carry out the state management of trade centers. Next, it is necessary to strengthen the application of computerization in the management of trade centers and organizations; strengthen inspection and inspection to promptly detect and handle …
According to the Ministry of Justice statistics, by the end of August 2017, the country has 21 arbitration centers with 480 arbitrators. During the past time, arbitration centers, especially the trade center have been showing their active role in supporting the settlement of disputes with many advantages. Such as simple, flexible procedures under the agreement, help resolve disputes quickly …
However, to contribute positively to “Enhance the capacity of the team of arbitrators, arbitration centers and orient one or several centers of arbitration points international competitiveness for the period 2018 – 2023 “, this draft proposal particularly emphasizes a series of tasks and solutions. Specifically include, complete institutions related to shopping centers activities. At the same time, continue to promote propaganda and dissemination of trade law; raise awareness about the position, role and effectiveness of arbitration in dealing with commercial disputes; building training programs on trade center law, skills for arbitrators …
Next, the project emphasizes improving the professionalism and capacity of the arbitrators in resolving commercial disputes (domestic and international), perfecting skills for arbitrators, building rules of ethics of arbitrators; improve the quality of arbitration adjudication, enforce arbitral awards … Next, improve the quality of support activities of courts, judgment enforcement agencies for arbitration proceedings under the provisions of the Trade Law and Civil Judgment Execution Law …
Not only promote information, propaganda, the project also points out the need to assign, train and foster in-depth judges on arbitration to solve cases in the trade center. Develop case law regarding cancellation of arbitral awards, recognition and enforcement of foreign arbitration decisions. The next solution is to enhance the effectiveness and efficiency of the state management of shopping centers. On the basis of studying cooperative programs with a number of large arbitration organizations (regional and international) to organize for arbitrators to learn from experience.