Vietnamese Dispute Resolution Practice
Expert Services International can provide dispute resolution services in Vietnam under the Law on Commercial Arbitration, VIAC Rules, mediation and expert determination.
Vietnamese Dispute Resolution Practice
Dispute resolution in Vietnam is governed by the Law on Commercial Arbitration 2010 (Law 54/2010/QH12). VIAC (Vietnam International Arbitration Centre) is the principal arbitration institution, administering arbitrations under the VIAC Rules. The Construction Law 2014 (amended 2020) establishes specific provisions for construction dispute resolution.
Expert Services International can provide arbitration, mediation, expert determination and dispute advisory services in Vietnam, particularly in international arbitration proceedings involving construction and infrastructure disputes.
Vietnam is a civil law jurisdiction. The Law on Commercial Arbitration 2010 provides the statutory framework for arbitration, and VIAC (Vietnam International Arbitration Centre) is the principal arbitration institution.
Commercial Arbitration
Vietnam's Law on Commercial Arbitration 2010 provides a comprehensive framework for commercial arbitration, based directly on the UNCITRAL Model Law 2006. The legislation permits parties to refer disputes arising out of contractual or non-contractual legal relationships to arbitration, and applies to both domestic and international arbitration. The Act establishes procedural rules for the constitution of the arbitral tribunal, the conduct of arbitral proceedings and the recognition and enforcement of arbitral awards, whilst granting parties considerable freedom to agree upon the procedural rules governing their arbitration.
The Vietnam International Arbitration Centre serves as the principal arbitral institution administering arbitrations in Vietnam. The VIAC Rules provide the framework within which most commercial arbitrations are conducted in Vietnam. The VIAC rules are regularly reviewed and updated to reflect international best practice, with a revision of the VIAC Rules anticipated in 2025. Foreign arbitrators are expressly permitted under Vietnamese law, and English-language proceedings are readily available through the VIAC. The VIAC has developed expertise across a wide range of commercial disputes, including construction disputes, and maintains a panel of qualified arbitrators experienced in international commercial arbitration.
Vietnam's arbitration regime has been developed to align with the UNCITRAL Model Law, ensuring compatibility with international practice and mutual recognition of awards. Arbitrators in Vietnam are guided by the International Bar Association Rules on Taking of Evidence in International Arbitration, which provide a comprehensive framework for the management of expert evidence and witness testimony. The Chartered Institute of Arbitrators maintains an East Asia Branch with substantial membership in Vietnam, providing professional standards and guidance for arbitrators and parties involved in arbitral proceedings. Vietnam's courts have developed a policy of minimal intervention in arbitral proceedings, with the principal judicial role being the enforcement of arbitration agreements and the recognition and enforcement of arbitral awards. The VIAC's disputing resolution statistics record parties from 63 states and territories and from 50 of 63 provinces within Vietnam, demonstrating the rapid growth of international arbitration and the VIAC's role as a centre for dispute resolution in the region.
Construction Disputes
Construction disputes represent a significant proportion of arbitral and litigation disputes in Vietnam, reflecting the jurisdiction's substantial investment in infrastructure and commercial development. Vietnam's Construction Law 2014, as amended in 2020, establishes the legal framework governing construction contracts and the allocation of contractual rights and responsibilities. Vietnam has experienced extraordinary economic growth in recent years, with substantial investment in infrastructure, manufacturing facilities, commercial buildings and industrial estates, creating significant demand for reliable dispute resolution mechanisms capable of addressing complex construction disputes arising from international contracts and international participants.
On international construction projects, parties frequently incorporate the Fédération Internationale des Ingénieurs-Conseils standard forms, including FIDIC contracts, as the governing contractual framework. FIDIC forms have become the preferred approach for major infrastructure and construction projects throughout Southeast Asia and particularly in Vietnam. These standard forms provide a proven contractual framework addressing the allocation of risk, the definition of contractual obligations and the establishment of dispute resolution procedures. The incorporation of FIDIC forms ensures consistency with international standards and provides parties with a well-established framework for the resolution of engineer's determination disputes, compensation events and contractual claims. The VIAC has developed substantial expertise in resolving construction disputes, and arbitrators with construction and engineering backgrounds are readily available through the VIAC panel.
International arbitration has experienced substantial growth in Vietnam's construction sector. The HICAC2026 conference, an international conference on construction arbitration, is expected to be hosted in Vietnam in 2026, reflecting the jurisdiction's growing importance as a centre for construction dispute resolution. Standard form contracts, including FIDIC, NEC and other internationally recognised forms, are increasingly utilised in Vietnam's construction sector. These forms provide clear allocation of risk, defined dispute resolution procedures and mechanisms for addressing claims and variations. The specialist expertise available through Vietnam's dispute resolution community enables parties to select arbitrators and mediators with the technical qualifications necessary to understand complex construction disputes and to reach informed decisions on matters of engineering, quantum and contractual performance.
Mediation
Vietnam's legal framework provides for mediation through the Law on Mediation at Grassroots Level 2013, which establishes a foundation for community-based and commercial mediation. Whilst this law historically focused on grassroots mediation, Vietnam has recently experienced substantial growth in commercial mediation as parties increasingly recognise the advantages of consensual dispute resolution. Court mediation is available in Vietnamese courts, providing parties with an opportunity to explore settlement before proceeding to full litigation. The Vietnam Mediation Centre, operating as a division of the Vietnam International Arbitration Centre, was formally established in 2018 and provides commercial mediation services in commercial disputes.
The Vietnam International Arbitration Centre administers commercial mediation services through the Vietnam Mediation Centre, maintaining a panel of qualified mediators experienced in the resolution of commercial disputes. The VIAC mediation rules provide a framework for the conduct of mediation proceedings, permitting parties to select mediators and to structure mediation procedures in accordance with their needs. Mediation offers significant advantages in construction and commercial disputes by providing a confidential, non-adversarial process in which parties can explore resolution options and, where settlement is achievable, reach agreement without the need for formal arbitration or litigation. The growing sophistication of Vietnam's commercial mediation infrastructure reflects the maturation of Vietnam's dispute resolution community.
Construction disputes are increasingly referred to mediation as a precursor to arbitration or litigation. The specialised expertise available through Vietnam's mediation community permits parties to select mediators with construction and engineering backgrounds, enabling effective facilitation of complex technical disputes. Mediation is frequently combined with expert determination and alternative dispute resolution procedures to create a comprehensive approach to dispute resolution that maximises the likelihood of achieving settlement before formal proceedings are required. Vietnam's rapid development as a centre for international commercial activity has created strong demand for sophisticated mediation and alternative dispute resolution services.
Contemporary Developments
Vietnam's dispute resolution landscape has experienced significant developments in 2025, reflecting both the growth in international commercial activity and the maturation of Vietnam's legal infrastructure. A landmark development has been the National Assembly's enactment of Resolution No. 222/2025, establishing Vietnam's first dedicated dispute resolution forum. The new International Financial Centre initiative incorporates an IFC Arbitration Centre and operates on a "one centre, two destinations" model with offices in both Ho Chi Minh City and Hanoi, providing enhanced services and expanding the institutional infrastructure for dispute resolution in Vietnam.
Significant judicial restructuring has taken place as of July 2025, with the establishment of 355 regional courts to replace the previous district court structure. This judicial reorganisation reflects Vietnam's commitment to modernising its legal infrastructure and improving the efficiency of the court system. All arbitration-related matters are now under the jurisdiction of these regional courts, concentrating judicial oversight of arbitration in a more streamlined structure. This development supports the continued growth of arbitration as the preferred mechanism for dispute resolution and demonstrates Vietnam's commitment to supporting the development of arbitration.
The Vietnam International Arbitration Centre continues to expand its capacity and role in regional dispute resolution. A revision of the VIAC Rules is anticipated in 2025, incorporating lessons learned from recent practice and aligning with international developments. International arbitration has experienced substantial growth in Vietnam, reflecting the jurisdiction's economic importance and the reliability of Vietnam's legal framework for the resolution of cross-border disputes. The availability of English-language proceedings and the willingness of Vietnamese courts to enforce international arbitral awards have contributed substantially to the growth of international arbitration in Vietnam. The HICAC2026 conference, an international conference on construction arbitration scheduled for 2026 in Vietnam, will further demonstrate Vietnam's growing prominence as a centre for international construction dispute resolution and reflect the development of specialist expertise within Vietnam's dispute resolution community.
Vietnam Expertise
Expert Services International provides specialist dispute resolution services across Vietnam's principal arbitral, mediation and litigation forums. Led by Neil Kirkpatrick, a chartered arbitrator with experience in international dispute resolution and construction disputes, the practice combines technical expertise with knowledge of Vietnam's dispute resolution frameworks and institutions.
Whether the dispute involves commercial arbitration under the VIAC rules, construction disputes under FIDIC or standard form contracts, mediation through the Vietnam Mediation Centre or court-annexed mechanisms, or expert determination and other alternative dispute resolution mechanisms, our team understands the specific requirements and procedures applicable in Vietnam's dispute resolution community. We provide expert advice on the selection of dispute resolution mechanisms, we represent parties in arbitral and mediation proceedings, and we serve as arbitrators and mediators in disputes arising from contracts and relationships with Vietnamese elements.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
