• Nodypex2023

[LE Truong Son] The EVIPA investment disputes settlement mechanism - challenges for Vietnam

Dr. LE Truong Son

Vice Dean of Ho Chi Minh City University of Law

Arbitrator at the VIAC

The EVIPA investment disputes settlement mechanism attracts a lot of attention during these last few years in Vietnam. This presentation aims to examine this mechanism, while addressing two issues. Firstly, we will analyze new points of EVIPA’s investment dispute settlement mechanism, such as: permanent dispute settlement organ, measures to enhance arbitral decisions’ enforcement, third party’s funding, rules to limit frivolous claims… Secondly, challenges for Vietnam linked to the use of this mechanism will be studied. Among them, we will highlight different difficulties, such as those related to the preparation for the participation to dispute settlement, the lack of human resource. Some suggestions will therefore be proposed in order for Vietnam to be able to participate more effectively to the EVIPA investment dispute settlement mechanism.