Manuscript Details - IJARW3236

ManuScript Details
Paper Id: IJARW3236
Title: COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT
Published in: International Journal Of All Research Writings
Publisher: IJARW
ISSN: 2582-1008
Volume / Issue: Volume 8 Issue 4
Pages: 4
Published On: 10/30/2026 9:31:01 PM      (MM/dd/yyyy)
Main Author Details
Name: Tong Thi Thu Trang
Institute: TNU - University of Sciences
Co - Author Details
Author Name Author Institute
Abstract
Research Area: Law and Legislature
KeyWord: Commercial mediation; alternative dispute resolution; settlement; enforceability; party autonomy; Vietnam.
Abstract: Commercial mediation offers enterprises a consensual, confidential and potentially relationship-preserving alternative to adversarial dispute resolution. This article analyzes Vietnam's legal framework for commercial mediation, focusing on Decree No. 22/2017/ND-CP, the Civil Procedure Code 2015 and relevant commercial-law principles. The discussion distinguishes the mediator's facilitative role from adjudication, examines party autonomy and procedural fairness, and evaluates the legal significance of written settlements and judicial recognition. It identifies practical constraints including limited awareness, uncertainty about the interaction of mediation with pending proceedings, uneven mediator competence, and difficulties translating agreement into reliable performance. The article proposes clearer guidance on settlement drafting, screening for voluntariness and power imbalance, professional standards, institutional transparency and coherent judicial practice. It also emphasizes that the current consolidated legal status of Decree No. 22/2017/ND-CP must be checked because official legal databases record partial expiry of some provisions.
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IEEE
Tong Thi Thu Trang, "COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT", International Journal Of All Research Writings, vol. 8, no. 4, pp. 122-125, 2026.
MLA Tong Thi Thu Trang "COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT." International Journal Of All Research Writings, vol 8, no. 4, 2026, pp. 122-125.
APA Tong Thi Thu Trang (2026). COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT. International Journal Of All Research Writings, 8(4), 122-125.
COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT
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COMMERCIAL MEDIATION IN VIETNAM: PARTY AUTONOMY, SETTLEMENT ENFORCEMENT AND INSTITUTIONAL DEVELOPMENT

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