“A lack of awareness about the benefits of mediation leads to huge amounts of money being spent by businesses on court proceedings.” “But it is not just about financial and time costs; it’s also about relationship costs. Lengthy legal proceedings mean hundreds of thousands of broken commercial relationships,” said Arnaldo Abruzzini, Secretary General of Eurochambers.
The advantages of alternative dispute resolution processes such as commercial mediation, conciliation, and arbitration over litigation are numerous. Disputing parties can expect to benefit from less costly and much faster process, with commercial proceedings seldom taking longer than a week, the ability to maintain amicable relationships with one another (and save face), and full confidentiality in the process. The legislative basis for mediation is noted to improve and countries, such as Vietnam, have pursued mediation reforms as a response to contemporary demands.
At ANT Lawyers we have a team of qualified mediators and arbitrators who have years of experience working with difficult situations and who will guide you through the process to reach a settlement that works for you both, financially and commercially.
Our mediators are accredited by leading organisations from Canada and USA.
ANT Lawyers ADR Services
Disputing parties are entitled to choose the mediation rules of a commercial mediation institution or agree on their own mediation procedures. Where the parties have no agreement on the order and procedures for mediation, commercial mediators shall conduct the mediation how they the mediator find appropriate to the content of the dispute and in the best interest of the parties. Choosing procedures for mediation from the onset is critical as it determines all aspects of the mediation process, such as appointing a mediator, mediation steps, mediation fees, enforcement of settlement mediation agreement and other related matters.
ANT Lawyers Accreditation and Qualifications
ANT Lawyers is the pioneer professional law firms offering ADR and mediation services in Vietnam. We combine legal expertise in various areas, understanding of cultures of Vietnam and the global context.
Our mediators are qualified in US, Canada:
Upper Canada Dispute Resolution (UCDR)
Hanoi Law University (HLU)
Legal Committee of EuroCham Vietnam
ADR Institute of Ontario
JAMS (originally Judicial Arbitration and Mediation Services) (US)
Considering the value of our services, ANT Lawyers has been covered in local and international news.
ANT Lawyers ADR & Mediation Legal Grounds
Mediation, an alternative dispute resolution mechanism, has just been introduced into the legal system of Vietnam and in primary provisions under the following laws:
- Law on Commercial Arbitration 2010
According to Article 9 of the Law on Commercial Arbitration No. 54/2010/ QH12 (the “Law on Commercial Arbitration 2010”), Parties shall have the freedom, during the process of arbitration proceedings, to negotiate and reach agreement with each other to resolve their disputes or to request the arbitration tribunal to mediate in order for the parties to reach agreement and resolve their dispute. Furthermore, if the parties reach a settlement agreement through mediation conducted by the arbitration tribunal, the arbitration tribunal shall issue a decision recognizing the agreement of the parties, which have the same value as the arbitral award.
- Civil Procedure Code 2015
The Civil Procedure Code No 92/2015 / QH13 dated 25 November 2015 (the “Civil Procedure Code 2015”) replacing the Civil Procedure Code 2004 has recognized the jurisdiction of the Court in the settlement of disputes on investment, business, and commerce.
The Civil Procedure Code 2015 added a new chapter regarding the recognition results of out-of-court mediation (“Mediated Settlement Agreement”). Accordingly, one or both parties to the mediated settlement agreement can apply to the courts for the recognition of their agreement. After being recognized, the mediated settlement agreement is enforceable as a full and final court judgment in compliance with the Vietnamese Law on the Enforcement of Civil Judgments.
- Decree 22 Commercial Mediation in Vietnam
On 24 February 2017, the Government of Vietnam issued Decree No. 22/2017/ND-CP (“Decree 22”) on commercial mediation, which came into effect on 15 April 2017. It is the first legislation specifically governing commercial mediation and creates the legal framework for the development of commercial mediation in Vietnam. Decree 22 includes the principles, conditions, and procedures of commercial mediation as an alternative dispute resolution method, thus creating the conditions for the establishment of mediation centers in Vietnam. By Decree 22, commercial mediation is applied in cases of (i) a dispute between parties practicing commercial activities; (ii) a dispute between parties with at least one party practicing commercial activities or (iii) another dispute under the laws can be resolved by the commercial mediation. The Decree 22 stipulates that mediation shall only apply to disputes of a commercial nature or disputes in which at least one party is engaged in the commercial activity or disputes specifically designated by other laws to be settled by commercial mediation. The statute defines, “commercial activities” as activities for the purpose of generating profits, including the sale and purchase of goods, provision of services, investment, and commercial promotion.
STRATEGIC ADR & MEDIATION SERVICES
ANT Lawyers ADR & Mediation Services offer mediation and conflict resolution services to assist businesses, employers, groups, organizations in resolving disputes, differences and conflict, and promote the use of ADR and Mediation through training services.
Thomas Giglione, Commercial Mediator, Arbitrator, Trainer
Experience Arbitrator and Roster Commercial Mediator at the Ministry of the Attorney General for the Supreme Court of Ontario, Canada with 15 years of legal experience handling a diverse litigation caseload. A guest lecturer at Hanoi Law University (HLU) at the Faculty of International Trade & Business Law, teaching a course of Advanced Legal English and also a guest lecturer at the Judicial Academy for the Ministry of Justice, teaching commercial negotiation and conflict resolution. A blend of experience in mediating disputes in a variety of domains such as commercial, legal, workplace and family matters, teaching, writing, public speaking and management in international and diverse settings. Utilizing advance multi-tasking and prioritization skills to thrive in past paced, high-pressure environments. Thomas is also a Legal Committee member of EuroCham.
Thuy Do, Commercial Mediator, Trainer, IP Agent by NOIP
Thuy Do is an experienced Of Counsel, with education of Master degrees in law from Panthéon-Assas University – Paris 2 (France), Bachelor degree in banking and finance, Japan Patent Office Scholarship Program – Tokyo, Japan, and Mediator Fellow at Weinstein Jams International Program – UC Hastings College of the Law – San Francisco, USA. Mrs Do has substantial academic knowledge and practical expertise in FMCG and across all areas of commercial law, intellectual property, employment law and general corporate law, at a number of prominent organizations i.e. Big C, an affiliate of Casino Group (France), Heineken, Vietnam Satellite Digital Television Company Limited – Joint-venture between VTV (Vietnam) and Canal+(France)
Tuan Nguyen – Partner
Mr. Nguyen is a qualified lawyer, under Hanoi Bar Association in Vietnam with training and experience in Dispute Resolution practice. He has graduated the law school of Hanoi National University, School of Law. Mr Nguyen is a graduate of MBA from Warwick Business School (UK). In practice, he has advised a number of clients in various dispute matters for international clients in Vietnam.
Supported by team of 3 consultants.
ANT Lawyers is supported by a team of experienced mediator, attorneys with qualification and skills handling full range of legal services relating to ADR & Mediation in Vietnam.
Let ANT Lawyers help your business in Vietnam.