webinar register page

Webinar banner
Webinar 6 - Combination of Mediation and Arbitration - Discussion on the new tendency and its adoption in Vietnam
Globalization and the nature of international commercial transactions have added to increasingly complex disputes, often too complicated and unsuitable for jurisdiction of national courts, and somehow, surpassing the competences of traditional judicial national and international forums. The urge of need for effective dispute resolution in such context has led to the innovation of combining mediation and arbitration as hybrid mechanism process. The unique mechanism offers parties a number of benefits, include (i) resolving parties’ disputes cost-effectively and quickly and (ii) obtaining a binding and internationally enforceable decision. Additionally, the rise of legal and more adversarial forms of mediation, and arbitration's increasing similarity to litigation makes these mechanisms attractive as a means of "correcting'' for the legalization of these ADR processes, which interest is increasing as a growing similarity between arbitration and litigation.

However, as being emphasized by legal experts, by in order to apply the above hybrid models, ensuring compatibility with the current legal system in that country's jurisdiction is of utmost importance before deciding to combine different dispute resolution methods. In addition, although such mechanism is gradually becoming a popular trend around the world, it is not necessarily the optimum solution for every dispute. This hybrid procedure also requires the participations of those who fully understand it to both take advantage of its benefits as well as to foresee and avoid potential risks or drawbacks that may arise during application.

Oct 16, 2020 02:00 PM in Vietnam

Webinar is over, you cannot register now. If you have any questions, please contact Webinar host: Vietnam International Arbitration Centre (VIAC).