FDI firms prefer commercial dispute arbitration

As many as 40 percent of foreign direct investment (FDI) enterprises choose to use commercial arbitration in cases of disputes, rather than going to court, said Phan Trong Dat, Deputy Secretary General of the Vietnam International Arbitration Centre (VIAC).

Speaking at a seminar, entitled, “Commercial Arbitration – Increasing Confidence in Foreign Direct Investment,” held in Hanoi late last week, Dat said the FDI firms chose commercial arbitration for resolving disputes because of its effectiveness, and due to its helping them save time and costs.

Meanwhile, court proceedings to settle disputes failed to meet FDI requirements when many of the judgments were unfair, causing lengthy disputes and considerable expenses for enterprises.

An overview of the seminar on commercial arbitration.
An overview of the seminar on commercial arbitration.

Statistics showed that some 24 percent of disputes were resolved at VIAC and involved FDI as one of the parties. Of these, 32 percent were in the purchasing of goods, 24 percent in construction and 20 percent in leasing.

“More than a half of commercial arbitration cases at VIAC are resolved in foreign languages (mainly English),” he said, adding that the rate of disputes in the country has been on the rise in the last three years.

Vu Anh Duong, VIAC’s secretary general, said Vietnam has been considered one of the countries with high and stable economic growth in the region and the world. One of the reasons for the significant momentum for this growth was FDI activities in Vietnam.

Pham Manh Dung, VIAC’s arbitrator and a lawyer from Rajah and Tann LCT Lawyers Company Limited, said that by the end of 2017, Vietnam had 24,700 FDI projects with total registered capital of 318.7 billion USD, accounting for 25 percent of the total investment in the country and more than half of the nation’s total industrial production value.

Dung noted that FDI has had a large impact on Vietnam’s integration into the world economy.

“This has been an important factor for the country’s infrastructure development and in completing legal systems to develop market mechanisms that are suitable with international norms,” he said.

VIAC has striven to become a trusted address to resolve disputes, thus helping ensure the rights and benefits of investors seeking to invest in Vietnam.

Commercial arbitration in Vietnam has been increasingly developed to become a useful tool for foreign investors in the country.

Disputes in investment activities have many mechanisms for resolving conflicts, such as courts, commercial arbitration and foreign affairs. However, the courts have not been an attractive solution, while resolving disputes through foreign affair mechanisms have been used in certain cases.

Commercial arbitration and investment arbitration have been mostly preferred.

The dispute resolving mechanisms of commercial arbitration also faced challenges, said Fan Mingchao, Regional Director of Arbitration and ADR for North Asia at the International Chamber of Commerce.

He said the majority of challenges were concerning competitiveness, as the scale of disputes become larger and more complicated, resulting in prolonged time, which reduces its effectiveness.

The issues relating to security and transparency of arbitration procedures have also been a problem.

Security is a core feature of international arbitration, but transparency requirements are also increasingly high. In order to address this issue, agencies have approved and joined the transparency framework of the United Nations, he said.

The benefit has also been seen in commercial arbitration. He said that governments should build a transparent arbitration procedure to control the quality of arbitration decisions.

The seminar focused on discussing the necessity and efficiency of commercial arbitration methods as one of the most effective ways of resolving disputes related to FDI enterprises.

The seminar is divided into three sessions, with discussions on topics, such as: An update on the situation of commercial arbitration in Vietnam and around the world; Commercial Arbitration - A new element worth noting to attract foreign direct investment; Commercial arbitrage as a useful tool for controlling business risks.

The event is considered to be an important forum for lawyers and leading experts to share knowledge with enterprises and help Vietnamese enterprises to better understand and more effectively use commercial arbitration methods. Commercial arbitration is an effective tool in preserving capital inflows from legal risks in business investments.

More than 100 delegates from FDI enterprises, counterpart enterprises, potential partners with FDI enterprises, many prestigious lawyers, and representatives from State management agencies attended the seminar

VNA

Other News

Data-driven land valuation to curb speculation: Experts

Data-driven land valuation to curb speculation: Experts

From a property-market perspective, Do Thi Thu Giang, National Director of Valuation and Advisory at Savills Vietnam, said the orientations under Resolution No. 21-NQ/TW could make the market more transparent and efficient, with property values increasingly tied to actual development and use potential.

Resolution No. 19-NQ/TW sets new growth drivers for Vietnam

Resolution No. 19-NQ/TW sets new growth drivers for Vietnam

Science and technology, innovation, digital transformation and AI must be translated into higher productivity rather than pursued as ends in themselves. At the same time, people should be placed at the centre of development, not merely viewed as a resource but as the ultimate objective of development policies.

Expo to open door for Vietnamese suppliers to enter US market

Expo to open door for Vietnamese suppliers to enter US market

US retail giant Target is seeking Vietnamese suppliers of household goods, home textiles, children’s products, personal care and beauty products, with a focus on companies capable of manufacturing and developing products that meet requirements on quality, design and supply chain management.

2026 Banking Sector Digital Transformation to open in Hanoi

2026 Banking Sector Digital Transformation to open in Hanoi

The annual event, which will be held on August 18-19, 2026, at the ICE International Exhibition Centre, 91 Tran Hung Dao Street, Hanoi, is expected to attract around 324 delegates and feature 21 booths representing credit institutions, payment intermediary service providers, and technology companies.

Vietnam – one of most attractive destinations for leading US semiconductor companies: expert

Vietnam – one of most attractive destinations for leading US semiconductor companies: expert

Vietnam has built a solid semiconductor and electronics industry before joining ITSI, attracting major US semiconductor companies. Intel Products Vietnam is one of Intel's largest assembly and testing facilities worldwide, while chip design companies such as Synopsys, Cadence, Marvell and Qualcomm have established engineering and research centres in the Southeast Asian country.

Vietnam targets higher-quality FDI under Resolution 10

Vietnam targets higher-quality FDI under Resolution 10

During the first seven months of 2026, Vietnam attracted more than 38 billion USD in registered FDI, up nearly 58% year-on-year. More importantly, the increase was driven by large-scale, high-tech projects rather than a surge in the number of new investments, signalling a significant improvement in the quality of capital inflows.

Manufacturing, engineering drive hiring growth in H1: report

Manufacturing, engineering drive hiring growth in H1: report

Manufacturing and engineering posted the strongest recruitment growth, with hiring demand surging 70% year-on-year, driven by production expansion, supply chain restructuring and sustained investment inflows in high-tech manufacturing.

Government proposes special mechanisms to unblock APEC 2027 projects in Phu Quoc

Government proposes special mechanisms to unblock APEC 2027 projects in Phu Quoc

The projects in Phu Quoc have been implemented under tight deadlines. Since May 2025, the Prime Minister has directed preparations for APEC 2027, including accelerated infrastructure development on the special zone. An Giang province and investors have subsequently launched a number of major projects involving complex technical requirements and demanding construction schedules.

Financial market reform plan targets high, sustained growth through 2045

Financial market reform plan targets high, sustained growth through 2045

The plan seeks to develop a balanced and modern financial market that is closely integrated with regional and global markets, strengthens the mobilisation and allocation of domestic and foreign capital, and enhances the market’s role as a key provider of medium- and long-term capital for the economy and as a major driver of sustained high economic growth.

An Giang aims to become leading maritime economic hub

An Giang aims to become leading maritime economic hub

Under the province's master plan for 2021–2030 with a vision to 2050, An Giang will prioritise investment in five strategic sectors: strategic infrastructure; processing industries and clean energy; trade, services, logistics and border-gate economy; high-quality tourism; and high-tech agriculture, ecological development and the circular economy.