With a view to improving the Courts’ quality in solving state-investment disputes, the United Nations Development Program (UNDP), the Supreme People’s Court (SPC) and the British Embassy in Ha Noi, jointly organized a workshop bringing together Judges and Court officers from High Court, provincial and district Courts as well as representatives from the Ministry of Justice and Ministry of Foreign Affairs.
Viet Nam has successfully pursued the policy of global economic integration, with the WTO-membership in 2007 and free trade agreements (FTAs) being negotiated with many countries, including the EU-Vietnam free trade agreement (EVFTA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). International investment disputes are, therefore, inevitable and not only increasing in number, but also in complexity and diversity.
Enterprises often choose to settle their disputes in the Court as a last resort to protect their rights and interests. Vietnamese judges are expected to face several problems and challenges arising from commercial cases, especially cases involving investors – state disputes, where the courts should handle disputes arising from changes in policy, administrative actions or decisions that caused damages to investors.
In order to prepare for Vietnamese judges, the workshop provided experience from foreign experts on state – investor disputes, procedure for state – investment dispute settlement and Viet Nam’s obligations in implementing International Conventions in Investor-State Dispute Settlement. Meanwhile, Vietnamese experts updated participants of the status of implementation of international investment conventions and related treaties to which Viet Nam is a party.
“The Court plays a very important role in ensuring a fair business environment,” said Ms. Caitlin Weisen, UNDP Residential Representative a.i., in her opening remarks. “If the court system becomes ineffective due to corruption, it will not only undermine the confidence of citizens and enterprises in the justice system, but it also has a direct and significant impact on good business practices. Ensuring an effective dispute resolution mechanisms and the fair application of justice is one of the key measures to fight against corruption”.
“The accession process to and signing of international conventions is of significant importance to Viet Nam, opening windows of opportunities and attracting foreign investments. This is the opportunity for Viet Nam to futher improve institutions and make investment and business environment more simplified, fairer, more transparent, predictable and favorable for enterprises,” Ms. Nguyen Thi Hoang Anh – Judge of the Supreme People’s Court- said.
The workshop is part of the UNDP regional project “Promoting a Fair Business Environment in ASEAN”. Funded by the UK Prosperity Fund, the three-year project focuses on, among other things, improving redress mechanisms for companies, investors and broader public./.