Mr. Tran Pham Hoang Tung’s participation in ADR Marathon 2024

Under the invitation from Legal Plus and L2 i-CON International, Mr. Tran Pham Hoang Tung has shared the perspective of Vietnam on Construction Market and Alternative Dispute Resolution (ADR) at ADR Conference Marathon 2024.

Mr. Tran Pham Hoang Tung

According to Mr. Tran Pham Hoang Tung, Vietnam is currently one of the few countries with high potential and explosive growth in the field of Construction and Real Estate within the region. Global Data’s statistics have shown the scale of the Construction/Real Estate market of Vietnam is only behind that of Indonesia.

State-funded projects, especially, constitute a major part of the scale of the Construction and Real Estate market. Accordingly, the expected state budget to be spent on projects in 2023 and 2024 are 34.3 and 27.6 billion USD respectively.

Some notable projects that have been commenced recently are: Long Thanh International Airport Project with the total investment amount of 4.7 billion USD; Can Gio International Transshipment Port with the total investment amount of 5.5 billion USD; North-South Expressway Project (Eastern part, Phase 1 from 2017 to 2020), which spans over 13 provinces/cities, has the total investment amount of 4 billion USD and (Eastern part, Phase 1 from 2021-2025), which spans over 12 provinces/cities, has the total investment amount of 6.3 billion USD.

Simultaneously, there are also other infrastructure and transportation projects, namely, the 8 Metro Lines of Ho Chi Minh City, whose length reaches approximately 220 km, with the total investment amount of 25,8 billion USD, or the 8 Metro Lines of Hanoi City, whose length reaches approximately 413 km, with the total investment amount of nearly 40 billion USD and the many ring road projects. The impact of these projects could be said to be the most pronounced.

To support the Construction and Real Estate Market, Vietnam has made amendments and supplements to related legal documents such as Law on Land 2024, Law on Real Estate Trading 2023, Law on Housing 2023, Electricity Planning VIII.

While significant efforts in improving the regulations have been made to encourage dispute resolution, including the Courts, the statistics have illustrated that Courts are able to handle only 3.4% to 4.1% of the total cases brought forward.

This has demonstrated that even if Courts are the most popular option, other dispute resolution methods or otherwise known as Alternative Dispute Resolution (ADR) such as Mediation, Dispute Adjudication Board, Arbitration shall still have potential for further development, despite the institutional challenges.

Specifically, regarding dispute resolution by means of arbitration, there are many issues which require clarification. To name a few, features of arbitral awards, grounds to set aside arbitral awards (domestic) or grounds to refuse recognition and enforcement of arbitral awards (international), could apply.

Similarly, dispute resolution by means of mediation remains fairly obscure as only a few cases have been resolved by mediation. As for Dispute Adjudication Board, the regulations around this matter are still at its infancy and many clarifications are needed in this aspect.

In addition to the issues put forward by Mr. Tung, ADR Conference Marathon 2024 also focuses on other interesting topics, including:

Topic 1: Definition of Work Done and the effect of Failure to complete

Topic 2: The Complexity of Damage and Cost Claims

Topic 3: Termination of Construction Contract – Should and Should Not

Topic 4: Recent developments of CIPAA

Topic 5: Context of Duration in Construction Contract

Topic 6: International Arbitration – Choose Your Arbitration Institution.

Topic 7: Debate: Use of Chatgpt and Artificial Intelligence in preparation of Expert Report – Should or Not?

Topic 8: How to receive Payment upon the Success of an Arbitration case

There are also more than 40 credible experts such as Justice Dato’ Lee Swee Seng – Court of Appeal of Malaysia, Mr. Oliver Wee Hiang Chyn, President of Master Builders Association Malaysia (MBAM).

Court of Appeal of Malaysia Judge – Mr. Dato’ Lee Swee Seng

President of Master Builders Association Malaysia – Mr. Oliver Wee Hiang Chyn

Success of ADR Conference Marathon 2024 is attributed to Legal Plus and L2 i-CON International as well as the assistance provided by other prominent organizations within the region such as Brunei Darussalam Arbitration Centre, Sabah Law Society, Society of Construction Law – Viet Nam, Society of Construction Law Malaysia, INNS Court of Malaysia, and Master Builders Association Malaysia

Organizing Committee

legal plus

L2icon

Supporting Units

Malaysian Society of Adjudicators

Society of Construction Law Malaysia

Master Builders Association Malaysia

Brunei Darussalam Arbitration Centre

INNS Court of Malaysia

Viện Trọng tài Luân Đôn Chi nhánh Malaysia

Chattered Institute of Arbitrators – Malaysia Branch

With the established success of ADR Conference Marathon 2021, ADR Conference Marathon 2024 is expected to bring audience practical knowledge, thereby enhancing the management ability and pushing for application of diverse and efficient dispute resolution methods.

Information on the Conference

Time: 16 May, 2024, from 8:00 to 21;00 (Vietnam time) or from 9:00 to 22:00 (Malaysia time)
Format: Online
Location: Kuala Lumpur (Malaysia)
PDF File of the Conference’s Brochure: CCADR Conference Marathon 2024 – Brochure

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