PROPOSAL FOR THE ESTABLISHMENT OF REGULATIONS ON ONLINE COMMERCIAL ARBITRATION FOR DISPUTE RESOLUTION IN VIETNAM

Huu Chien Do

Abstract


Dispute resolution in the digital realm, empowered by the boundless development of electronic techniques, intangible technologies, and information technology, has been increasingly adopted for methods like negotiation, mediation, or arbitration. However, the legal foundation for online commercial arbitration as a dispute resolution method remains a contentious issue. This paper analyzes the legal framework of Vietnam, highlighting the gaps in the establishment of regulations concerning online commercial arbitration within the Vietnamese legal system. Based on this analysis, the paper proposes solutions for the development of regulations pertaining to online commercial arbitration for dispute resolution in Vietnam.

 

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Keywords


online commercial arbitration, dispute resolution, Vietnam legal framework, digital negotiation, mediation techniques, electronic arbitration, regulatory gaps, legal analysis, information technology, legal reform proposals

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References


Karnad, K., & Kanchan, V. (2020). Scope of Online Arbitration in India. Supremo Amicus, 15, 142.

Arakelian, M., Ivanchenko, O., & Todoshchak, O. (2020). Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA. Amazonia Investiga, 9(26), 60-67.

Shawani, M., & Tiwari, S. (2020). Impact of COVID 19 on Arbitration Proceedings; Online Dispute Resolution a Way Forward. Supremo Amicus, 19, 285.

National Assembly (2005). Law on Electronic Transactions

National Assembly (2015). Civil Procedure Code

National Assembly (2006). Law on Information Technology

Government (2021). Decree No. 85/2021/ND-CP on e-commerce

National Assembly (2010). Commercial Arbitration Law

Government (2018). Decrees No. 130/2018/ND-CP on electronic transactions regarding digital signatures and certification services

National Assembly (2010). Consumer Protection Law




DOI: http://dx.doi.org/10.46827/ejsss.v9i4.1634

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