Choosing alternative dispute resolution for commercial disputes in the new era in Vietnam

Abstract

In the context of deep international economic integration and the complex dynamics of global trade relations, Alternative Dispute Resolutions (ADR) are increasingly asserting their essential role in Vietnam. In the 'Breakthrough Era' – a period where Vietnam aims to remove institutional bottlenecks, unleash resources, and build a digital economy and green economy – prioritizing ADR methods such as negotiation, mediation, and arbitration is an objective necessity. These methods not only overcome the inherent limitations of the traditional judicial system (overcrowding, delays, high costs, lack of confidentiality) but also align with the Vietnamese harmony-oriented culture, while meeting demands for flexibility, efficiency, and international enforceability, thereby reinforcing trust, promoting investment, and fostering sustainable economic integration.