On 19 December 2024, Lawyer Tran Viet Quan – Managing Lawyer of VLM Law Firm has officially become one of the Arbitrators of The Middle Commercial Arbitration Center (MCAC) with scope of activities and experiences in Investment, M&A, Contracts, Trade law, Company law, Real Estates, Labor, Construction, Education,… Further information announced at follows: https://mcac.vn/tran-viet-quan
Commercial arbitrations has become the common method to resolve disputes instead of the Court. The Middle Commercial Arbitration Center (MCAC) is one of the licensed Arbitration Centers in Vietnam to resolve commercial disputes.
In addition to the process of resolving disputes by Arbitration, MCAC also has the function of resolving disputes by commercial mediation in accordance with Vietnamese law.
MCAC’s headquarter located in Da Nang makes MCAC become one of the first choices of domestic and foreign enterprises to resolve commercial business disputes arising in the Central – Central Highlands in particular and Vietnam in general. MCAC also has various office, branches located in other provinces, cities such as Hanoi City, Ho Chi Minh City, Hue City, Nghe An, Binh Dinh, Quang Ngai, Quang Nam, Khanh Hoa, DakLak, Gia Lai,…
To resolve disputes by commercial arbitration or commercial mediation at MCAC, We recommend that parties in the contract, agreement use the following model clauses:
Model Arbitration clause at MCAC:
Article…: Dispute Settlement
1. Any dispute arising from or related to this Contract shall be resolved by arbitration at the Middle Commercial Arbitration Center (MCAC) under its Arbitration Rules.
2. The number of arbitrators shall be… (one or three).
3. The place of arbitration shall be…
4. The language to be used in the arbitral proceedings shall be… (Only applicable to disputes involving foreign elements or disputes with at least one foreign-invested economic organization; state a single language).
5. The governing law of the contract is the substantive law of… (Only applicable to disputes involving foreign elements and in cases, the parties do not agree on applicable law in another clause).
Model mediation clauses at MCAC:
Model clause 1:
Article…: Settlement of disputes by mediation
All disputes arising out of or relating to this Contract shall be resolved by mediation at the Middle Commercial Arbitration Center (MCAC) in accordance with the Mediation Rules of this Centre.
Model clause 2:
Article…: Settlement of disputes by mediation
1. All disputes arising out of or relating to this Contract shall be resolved by mediation at the Middle Commercial Arbitration Center (MCAC) in accordance with the Mediation Rules of this Centre
2. The parties shall jointly select a Mediator from the Center’s List of Mediators.
