(Luận văn) services and innovations of major international commercia

MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION lu an n va tn to SERVICES AND INNOVATIONS OF MAJOR ie gh INTERNATIONAL COMMERCIAL COURTS, p IMPLICATIONS TO VIETNAM d oa nl w u nf va an lu Major: International Trade Policy and Law ll oi m z at nh z @ m co l gm DANG VAN QUAN an Lu Ha Noi - 2019 n va ac th si MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY DISSERTATION lu an n va gh tn to p ie SERVICES AND INNOVATIONS OF MAJOR IMPLICATIONS TO VIETNAM d oa nl w INTERNATIONAL COMMERCIAL COURTS, u nf va an lu ll Major: International Trade Policy and Law oi m z at nh z gm @ Full Name: Dang Van Quan SUPERVISOR: A Prof HO THUY NGOC m co l an Lu Ha Noi - 2019 n va ac th si DECLARATION I hereby declare that the dissertation is my own research It was written with the thorough guidance of my supervisor - A Prof Ho Thuy Ngoc The research results are independent, faithful and have ever not been disclosed The data in tables and figures serving for analysis and evaluation were collected, inherited and developed by the writer from different sources (published research of other authors, magazine, website) with clear and respectful citations lu The views presented in this thesis are the personal views, and I am solely an responsible for any mistake I will be entirely responsible for the dissertation‟s va contents n gh tn to p ie Hanoi, February 18th 2019 d oa nl w Author an lu ll u nf va Dang Van Quan oi m z at nh z m co l gm @ an Lu n va ac th i si ACKNOWLEDGEMENT The dissertation has been completed with the great guidance of A Prof Ho Thuy Ngoc I would like to express my sincere thanks for her patience and massive help with reading the whole of the thesis and making valuable comments for my research By this occasion, I am much grateful to the Department of Graduate Studies and Foreign Trade University - who have always create most favorable conditions for MITPL4 students in completing our study Thank you so much for their generosity lu an and I owe a debt of gratitude to all helpers n va p ie gh tn to d oa nl w ll u nf va an lu oi m z at nh z m co l gm @ an Lu n va ac th ii si TABLE OF CONTENTS LIST OF ABBREVIATIONS .v INTRODUCTION .1 Rationale .1 Scope of research Research questions .3 Methodologies Structure of the thesis lu an CHAPTER 1: LITERATURE REVIEW va n 1.1 History and ethos of international commercial court distinguished from national gh tn to courts and international commercial arbitration p ie 1.2 Missions of international commercial court and recent movements in some w countries 13 oa nl 1.3 Vietnamese court system 17 d 1.3.1 Vietnamese legal corridor 17 an lu 1.3.2 Remarkable points in the Vietnamese jurisdiction 19 va ll u nf 1.3.3 Reviewing the hierarchy of the Vietnamese court system 22 oi m 1.3.4 Current services of Vietnamese commercial court 24 z at nh CHAPTER 2: FINDINGS 26 2.1 Globalization of the Hague Convention on Choice of Court Agreements 26 z @ 2.2 Challenges need to be resolved by international commercial court 32 gm m co l 2.2.1 In general on the world 32 2.2.2 In Vietnam 33 an Lu 2.3 Services and innovations of major international commercial courts 35 ac th iii n va 2.3.1 Singapore International Commercial Court (SICC) 40 si 2.3.2 The Courts of the Dubai International Financial Centre (DIFCC) 44 2.3.3 London Commercial Court (LCC) .49 CHAPTER 3: IMPLICATIONS TO VIETNAM .54 3.1 Building a trustworthy and competent court system 54 3.1.1 Restructuring the organization of the commercial court system 55 3.1.2 Consolidating domestic legal framework 56 3.1.3 Building flexible and attractive mechanisms .58 Emergency proceedings 58 b E-filing procedure, joint hearing 58 c Combining court proceedings with ADR 59 lu a an n va gh tn to 3.2 Connecting deeply to oversea commercial courts .62 p ie 3.2.1 Promoting international legal agreements 65 3.2.2 Short training exchanges to learn each others .68 nl w d oa 3.3 Keeping abreast of international commercial changes .68 an lu CONCLUSION 70 ll u nf va REFERENCES .i oi m z at nh z m co l gm @ an Lu n va ac th iv si LIST OF ABBREVIATIONS No Acronym Explanation lu an n va SIAC Singapore International Arbitration Center LCC London Commercial Court DIFCC The Courts of the Dubai International Financial Centre UAE United Arab Emirates CISG United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) LCIA The London Court of International Arbitration ODR Online Dispute Resolution ADR Alternative Dispute Resolution QMUL Queen Mary University of London SIFoCC Standing International Forum of Commercial Courts tn to gh VIAC Vietnam International Arbitration Center nl w 11 p ie 10 VMC Vietnam Mediation Center 13 UNCITRAL 14 UNCITRAL Model Law 15 ¶ d oa 12 ll u nf va an lu The United Nations Commission on International Trade Law UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 m oi Paragraph z at nh z m co l gm @ an Lu n va ac th v si INTRODUCTION Rationale We are in a world of globalization, integration, and cooperation One issue or one problem nowadays may not be of one country, and it needs more connective solution to resolve, particularly in transnational commercial transactions The complexity of a cross-border commercial deal is increasing, especially in financial transactions or multi-stakeholder transactions This trend leads to many changes in the industry of dispute resolution Basically, there are four kinds to settle a commercial dispute: Negotiation, lu an mediation, arbitration and litigation Arbitration is a most-used method for many n va years, about six decades from the promulgation of the New York Convention 1958 tn to on the Recognition and Enforcement of Foreign Arbitral Awards This method is still prime mechanism and its success is undeniable because of many advantages gh p ie that it has been enjoyed from the strong legal framework created by the New York w Convention 1958 Recently, our world has started switching to use increasingly oa nl other kinds, amongst them, using litigation in an international commercial court is remarkable and this created a new trend with opens of new courts around the world d an lu In this context, Vietnam still seems to stand out of the trend, this may be not va favorable to the economic and legal integration, or it must have own reasons ll u nf explaining for its laggard inception oi m According to rules of major international commercial courts, for examples, z at nh London Commercial Court (LCC), Singapore International Commercial Court (SICC), The Courts of the Dubai International Financial Centre (DIFCC), their z services and innovations were introduced in compelling menus They look more @ gm various and advanced than those of a national commercial court Hence, we should m co l conduct a survey from them, make a thorough scrutiny to learn and apply to the model of the Vietnamese court system All aforementioned reasons and contexts led an Lu Pierre A., 2017, the Powers and Duties of an Arbitrator, n ac th va si to a need to write about the topic and this thesis is expected to answer questions relating the future of the international commercial court in Vietnam Scope of research In this dissertation, I would like to limit its contents as a scope of research, focusing on services and innovations as well as some matters incorporated with international commercial courts on the world and the court system in Vietnam The thesis will review existing books, papers, literatures, and sometimes it will explore some issues in general of legal study, or about some kinds of dispute resolutions as well as developments of some major international commercial courts Through lu these, I am going to suggest some recommendations for Vietnamese court system, an va in order to become a good partner of other international courts in the near future n Hence, the central objects of the thesis are services and innovations of international gh tn to commercial courts and other relevant information is to clarify thoroughly their own circumstances and to subject commercial courts to a scrutiny in the relationship and ie p interaction with each other and with national courts w oa nl The discussion of international commercial disputes in this research should be distinguished from investor-state investment disputes As an important legal remedy d an lu for foreign investors to protect their interests against national expropriation, the va resolution of investor-state investment disputes has a distinctive treaty-based ll u nf feature, especially bilateral international treaties (BITs) Investor-state investment oi m disputes normally arise between foreign investors and host states, and they not necessarily involve contractual relations, meanwhile international commercial z at nh disputes between equal contracting parties In addition, unlike commercial disputes z which are normally resolved by civil mediation/litigation or arbitration, investor- @ state investment disputes are normally resolved by administrative litigation at the gm l national level or arbitration at the international level, for example, in the m co International Centre for Settlement of Investment Disputes (ICSID) an Lu n va ac th si Research questions The thesis will address research questions below: (1) What are services and innovations of major international commercial courts? (2) Whether and to what extent the core principles in the law and practice of major international commercial courts are replicated in Vietnam? What are implications to Vietnam court system? Methodologies This study was conducted using the following methodological approaches First, lu method of theoretical examination was primarily employed to examine the an historical development and current situation of commercial court system, especially va n in the context of the new trend on the world The thesis mainly leans on secondary tn to legal data from some well-known institutes, such as International Chamber of ie gh Commerce, Queen Mary University of London Second, method of conceptual p analysis was also utilized to analyze legal rules and point out their strengths and nl w weaknesses in keeping the progress and development of a court d oa In the legal field, needless to say, opinions of a distinguished jurist or a chief an lu justice are very valuable for referring and considering when we want to make a sound understanding about the matter we are researching That is why in my thesis I va u nf would like to refer to lots of papers from great scholars to make clear for my ll comments and my conclusions oi m z at nh Structure of the thesis The thesis will focus on examining services and innovations of some major z international commercial courts which are its main objects Apart from the @ gm introduction and conclusion sections, the contents of the thesis will be divided into m co l three chapters Chapter will be dedicated to review existing papers and works of well-known an Lu jurists studying on international commercial court, in order to point out deficiencies of arbitration and expectations from users on the mission of international n va ac th si witnesses in arbitration proceedings The most important things are listed in Section 43 of the Act - “A party to arbitral proceedings may use the same court procedures as are available in relation to legal proceedings to secure the attendance before the tribunal of a witness in order to give oral testimony or to produce documents or other material evidence” When a party to an arbitration agreement finds fault with the decision of the arbitration, the proper place to challenge it is before a court of the seat of the arbitration In principle, part of the complex bargain which is made when parties agree to arbitration is an agreement to accept whatever supervision, including review and powers are possessed by the court of the seat.141 Where an arbitration application involves recognition and/or enforcement of an agreement to lu an arbitrate and that application is challenged on the grounds that the parties to the va application were not bound by such agreement, it will usually be necessary for the n tn to court to resolve that issue in order to determine the application.142 And, an gh application for permission to enforce an award in the same manner as a judgment p ie must be supported by written evidence.143 Furthermore, the court also provides “a 144 for the arbitration hearings The w commercial judge as sole arbitrator or umpire” oa nl liaison between international commercial court and arbitration leads to efficiency d and flexibility in both kinds of resolution It should be encouraged lu va an From above reviews and the facts of adding ADR to court proceedings of LCC, SICC, and DIFCC, the Vietnamese commercial courts are encouraged to replicate u nf ll their innovations And this seems to be seen and learned by the Vietnamese m oi Supreme People‟s Court when they experimented the mechanism “court-annexed z at nh mediation” in Hai Phong,145 promising results have come, so they plan to apply z 141 @ Adrian, B., 2014, Private International Law in English Courts, Oxford, 1025, ¶14.93 The Business and Property Courts of England & Wales, 2017, the Commercial Court Guide, Tenth Edition, 91, O6.6 143 The Business and Property Courts of England & Wales, 2017, the Commercial Court Guide, Tenth Edition, 97, O18.3 144 The Business and Property Courts of England & Wales, 2017, the Commercial Court Guide, Tenth Edition, 98, O20.1 145 The talk on mediation in Court, http://spc.toaan.gov.vn/portal/page/portal/tandtc/299083?pers_id=3391632&folder_id=&item_id=2 63376031&p_details=1 m co l gm 142 an Lu n va ac th 60 si widely under the Plan no.301/KH-TANDTC, 01/10/2018146 in Hai Phong, Ha Noi, Da Nang, Ho Chi Minh, Can Tho, Bac Ninh, Vinh Phuc, Quang Ninh, Thai Binh, Thanh Hoa, Nghe An, Quang Nam, Khanh Hoa, Dong Nai, Binh Dương, and Long An lu an n va p ie gh tn to d oa nl w ll u nf va an lu oi m z at nh z m co l gm @ an Lu 146 ac th 61 n va The talk on mediation in Court, http://spc.toaan.gov.vn/portal/page/portal/tandtc/299083?pers_id=3391632&folder_id=&item_id=2 63376031&p_details=1 si 3.2 Connecting deeply to oversea commercial courts The rise of connective technology, the change in social, economical and geopolitical circumstances (for example: The UK is seeking to ensure continued cross-border recognition and enforcement of judgments from its jurisdictions in the EU after Brexit,147 or the initiative of China “One Belt One Road” which focuses on connectivity and cooperation between Eurasian countries148 and is the ambitious investment project to integrate 68 countries, covering 2/3 of the global population149 and to take a larger role in global affairs with a China-centered trading network) make our flattened world interconnected150 more lu an n va p ie gh tn to d oa nl w ll u nf va an lu oi m z at nh z One Belt One Road Initiative (OBOR) m co l gm @ 147 Legal Excellence, Internationally Renowned, UK Legal Services 2017,TheCityUK, ¶9 https://en.wikipedia.org/wiki/Belt_and_Road_Initiative 149 https://ins-globalconsulting.com/china-commercial-courts-one-belt-road/ 150 Dang, Q., 2018, „International Commercial Courts–Partners and Potential Rivals of Arbitration’, master‟s thesis, Kobe University, 79 148 an Lu n va ac th 62 si International commercial court in general or Vietnamese commercial court in particular, cannot stand out of that trend and they need not only aggressive legal policies along with various memoranda of understanding and guidance, but also deeper collaboration which will enhance knowledge-sharing, the consistency of decisions, and possibly even the practical coercive powers of the courts Collaboration will also provide a greater impetus to pursue the harmonisation of substantive commercial laws, practices and ethics.151 Besides many agreements at three levels (global, regional, individual level), memoranda, guidances focusing mainly on mutual recognition and enforcement of lu court judgments that we have seen at former parts of this thesis, there have been an some other extensions of collaboration between international commercial courts, va n such as using video-conferences for joint hearings to hold simultaneously tn to proceedings in two courts in a virtual courtroom,152 or recently the establishment of ie gh the Standing International Forum of Commercial Courts (SIFoCC)153 by the p initiative of the Lord Chief Justice of England & Wales, Mr Lord Thomas with the w inaugural meeting successfully held on May 2017 in London The second meeting oa nl took place on 27th-28th September 2018 in Manhattan-New York, hosted by New d York federal and state courts, the judiciary of the Southern District of New York in lu va an Downtown Manhattan The meeting was attended by members of the judiciary from 35 jurisdictions around the world The objective of the forum is to share best u nf ll practices among commercial courts around the world to serve business and markets m oi by offering effective and efficient means for resolving commercial disputes Lord z at nh Thomas, former Lord Chief Justice of England and Wales and Chairman of the Steering Group for SIFoCC said “These are times when the opportunity to share z @ best practices, discuss stronger contributions to the rule of law, and support m co l gm developing countries, is more important than ever That is why SIFoCC has been 151 an Lu Sundaresh, M., 2015, International Commercial Courts: Towards a Transnational System of Dispute Resolution, Opening Lecture for the DIFC Courts Lecture Series, ¶67 (d) 152 John, Th., 2016, Commercial Justice in the Global Village: the Role of Commercial Courts, DIFC Academy of Law lectures, DUBAI, ¶37, 38 153 Standing International Forum of Commercial Courts, https://www.sifocc.org/about-us/ n va ac th 63 si formed, and it has a significant role to play” The judges reported on progress since the last meeting and discussed commercial issues of importance, including a multilateral memorandum on the enforcement of judgments between commercial courts, case management and technology The judges also heard from general counsel about what the users of commercial courts want154 From the inaugural meeting of the forum, its goals were affirmed to155:  Seek to produce a multilateral memorandum that explains how, under current rules, judgments of one commercial court may most efficiently be enforced in the country of another lu an  Use a working party to examine in further detail how best practice might be n va identified, and litigation made more efficient tn to  Establish a structure for judges of the commercial court of one country to be able ie gh to spend short periods of time as observers in the commercial court of another p  Consider issues such as practical arrangements for liaison with other bodies, oa nl w including arbitral bodies, to identify and resolve areas of difficulty They are recommended for all the international commercial courts, including d an lu Vietnamese commercial court to join the forum The cooperation between courts va will benefit themselves, and “with a network of commercial courts working ll oi m commerce”156 u nf together, law might eventually become part of the modem superstructure of global z at nh z m co l gm @ SIFoCC Meets in New York, https://www.sifocc.org/2018/10/10/sifocc-meets-in-new-york/ 155 2017 London Meeting, https://www.sifocc.org/events/2017-london-conference/ an Lu 154 156 ac th 64 n va Sundaresh, M., 2015, International Commercial Courts: Towards a Transnational System of Dispute Resolution, Opening Lecture for the DIFC Courts Lecture Series, ¶67 (d) si 3.2.1 Promoting international legal agreements If Vietnamese commercial courts want to pursue the goal of being the connected judicial system, they should strengthen relationships with local institutions in Vietnam, such as VIAC, VMC, etc , as well as formalize new partnerships with legal systems abroad by forging more agreements with the world‟s most respected civil and common law jurisdictions, developing greater recognition and enforcement of our courts‟ judgments throughout the commercial world This must be considered at three levels At the global level, international legal agreements are essential and primary protocols to broaden the enforceable power of lu an a judgment The Hague Convention on Choice of Court Agreements now is the va most-expected convention to undertake the mission However, if we put its member n list next to that of the New York Convention, we would see a huge disparity in the gh tn to number of members between them Furthermore, the 1958 New York Convention p ie was created through cooperation between the International Chamber of Commerce and the United Nations It had been supported by the legitimacy of the United nl w Nations in international politics,157 so got a great advantage and became a d oa paramount important pillar for the development of international commercial an lu arbitration From the growth of the New York Convention and international commercial arbitration, they offer a good lesson for international jurists in order to va u nf replicate and make the Hague Convention becoming such a firm pillar for ll international commercial courts This is suitable for being undertaken by the Hague m oi Conference on Private International Law (HCCH), which is the intergovernmental z at nh organization which developed the Hague Convention on Choice of Court Agreements They must pursue the goal of increasing the number of contracting z gm @ states to the Hague Convention aiming for a balanced position with the New York Convention When the number of contracting members to the Hague Convention l m co increases, the legal framework at the global level for international commercial courts will be upgraded Until now, Vietnam has not been a member of the Hague an Lu 157 ac th 65 n va Saito, A., 2017, the Rise of International Commercial Courts, Hanyang Journal of Law, Hangyan University, Vol 6, 110 si Convention on Choice of Court Agreements, so it should accede to the Convention as soon as possible At the regional level, there have been many agreements like agreements between Singapore and other Anglo Commonwealth jurisdictions158, Brussels I Regulation (Recast) (in the EU) or Gulf Cooperation Council (GCC) (in UEA)159 The existences of these agreements aid and facilitate the recognition and enforcement between the contracting states even if they are not a member of the Hague Convention In Vietnam, its courts engaged lots of regional agreements, but in terms of recognition and enforcement of commercial judgments, there are few agreements counted at regional level This must be a task to be added on the doing list of Vietnamese commercial courts in the next time of their growths At a lower lu an level, between international commercial courts, one thing they could is to get va together and produce as many agreements, memoranda to foster their mutual n tn to recognition and enforcement of their own judgments in different jurisdictions In gh reality, some courts have done this well, such as DIFCC; it has concluded twelve p ie cooperation agreements with the overseas courts in The US, The UK, Kenya, w Zambia, Kazakhstan, China, Korea, Singapore, Australia, and Malaysia.160 SICC oa nl too has concluded at least five cooperation agreements with the overseas courts in d Australia, Bermuda, Abu Dhabi, Quatar and Dubai.161 The memoranda between lu an courts in essence are less binding than an international or regional agreement, but u nf va they contribute a positive effect on the recognition, enforcement and cooperation mutually between courts, of course they are good for an international legal ll oi m framework As to Vietnam, there are many agreements between Vietnamese courts z at nh with other courts abroad162, but most of them are about criminal judgments At this level, Vietnam should set out more priorities for commercial judgments alike z 158 m co l gm @ Saito, A., 2017, the Rise of International Commercial Courts, Hanyang Journal of Law, Hangyan University, Vol 6, 125 159 Saito, A., 2017, the Rise of International Commercial Courts, Hanyang Journal of Law, Hangyan University, Vol 6, 126 160 DIFCC Review 2017, http://annualreview.difccourts.ae/ 161 Enforcement of Money Judgments , https://www.sicc.gov.sg/guide-to-the-sicc/enforcement-ofmoney-judgments 162 List of legal agreements between Vietnam and other countries, 2017, https://lanhsuvietnam.gov.vn/Lists/BaiViet/B%C3%A0i%20vi%E1%BA%BFt/DispForm.aspx?Lis t=dc7c7d75-6a32-4215-afeb-47d4bee70eee&ID=414 an Lu n va ac th 66 si agreements that other international commercial courts on the world have done (LCC, SICC, or DIFCC) Another kind of cooperation that can be counted is the mechanism converting a court judgment into an arbitral award in order to take advantages of the recognition and enforcement system based on the New York Convention for a smooth recognition and enforcement in jurisdictions which may not be covered by existing litigation agreements It needs a new memorandum between a court and an arbitration institute, and we can see in the practical implementation in DIFCC and LCIA, the procedure is called “Judgment-ConvertedAward”.163 This is a highly creative innovation ensuring a good response to the imperative or urgent necessity of the globalizing economic market In facts, lu an Vietnamese commercial courts also cooperated with VIAC, but it is encouraged to va broaden to other institutes abroad, especially some well-known organizations like n tn to SIAC (Singapore International Arbitration Center), HKIAC (Hong Kong gh International Arbitration Center), KCAB (Korean Commercial Arbitration Board), p ie ICC (International Chamber of Commerce) nl w It goes without saying that the legal framework of Vietnamese commercial courts oa will become more flexible and effective corresponding with the flourishing of such d aforementioned agreements Once again, this path is right and a primary track to lu ll u nf va an build up the Vietnamese commercial courts‟ legal framework oi m z at nh z m co l gm @ an Lu 163 ac th 67 n va Saito, A., 2017, the Rise of International Commercial Courts, Hanyang Journal of Law, Hangyan University, Vol 6, 132 si 3.2.2 Short training exchanges to learn each others At the page 66, we know that one of the main goals of the Standing International Forum of Commercial Courts (SIFoCC) is to “establish a structure for judges of the commercial court of one country to be able to spend short periods of time as observers in the commercial court of another” So, joining the forum is the wise choice for a commercial court With the increasing number of members, attendees will have opportunities to broaden their training network If Vietnamese commercial court is a member, they will enjoy interest from such training courses Legal practitioners will gain practical knowledge of other judicial systems, through lu direct contact with practitioners in other countries, and through the exchange of an views and experiences They also can gain additional ideas about how to work, get va n acquainted with the interpretation and application of law, and foster mutual tn to understanding and mutual trust In this respect, law firms nowadays seem to be ie gh more proactive than courts with their various training programmes for young p lawyers even after the lawyers qualified Training is a mandatory part to have nl w expertise, and effective solutions for clients Improving knowledge and skills is a oa prerequisite of maintaining excellence The key skills where commercial courts are d concerned however are integrity and advocacy Integrity speaks for itself Advocacy lu va an is the ability to represent complex cases skilfully, to assist the court in reaching the u nf right decision within a clear legal structure and understanding of markets and ll commerce This is particularly important where advocates are able to obtain rights m oi of audience across different jurisdictions and before a variety of different courts z at nh 3.3 Keeping abreast of international commercial changes z The success of a commercial court set up to hear international commercial @ disputes is conditioned on their ability to meet the requirements of such disputes gm l and the demand of economic operators Understanding this important requirement, m co there have been practical links between judges and business markets at some courts, for example, in England and France In England, senior members of the judiciary, an Lu and particularly the judges of the Commercial Court and the Financial List, are ac th 68 n va provided with regular and well-informed updates on changing market practices and si the development of new financial products164 through an independent body originally established by the Bank of England, the Financial Markets Law Committee In France, judges are elected from the business community based on their commercial expertise (CEOs, CFOs, GCs,165 accountants, engineers, etc.)166 Therefore, for Vietnam commercial courts, they should adapt and learn to setup a body to get information from economic markets not only Vietnamese economy, but also global market Vietnamese commercial court must be inherently outwards looking, and adapt its processes to the changing needs and expectations of the international market This is an objective rule especially in our interconnected world today Vietnamese commercial court is not an unconnected island, and it only can lu an best its mission by keeping abreast with the markets it serves n va p ie gh tn to d oa nl w ll u nf va an lu oi m z at nh z m co l gm @ n ac th 69 va Financial Markets Law Committee, http://www.fmlc.org/ Chief Executive Officer, Chief Financial Officer, General Coordinator 166 Interesting Facts About The Paris Commercial Court, Page 165 an Lu 164 si CONCLUSION All things considered, services and innovations of three typical international commercial courts have brought us lots of interesting information Most of them are new but useful for Vietnamese commercial courts The attitude toward a new thing will correspondingly lead to appropriate results If Vietnamese commercial courts not want to connect and pool expertise and knowledge to support the global movement of goods and services, that is the biggest stumbling-block and is the parochial vision They should be open and thirsty for innovations Innovations demonstrated by a court, are often a reflection of the vision and energy of the chief lu justice If he or she is innovative, the court tends to invest its resources‟ majority in an ensuring the “litigation journey” for the parties as good as it can be In addition, in va n international commerce, businesses have many choices of jurisdictions when they tn to conclude clauses of their contracts They trend toward judiciaries that are ie gh progressive, forward-thinking to resolve any dispute Furthermore, judgments p passing between the world‟s courts should move with clicks of a mouse and a nl w secure connection in the age of 4th generation industrial revolution If Vietnamese oa commercial courts not look to reform, connect and become more efficient, other d arbitration institutes or other courts will it for them In that case, they will stand lu va an out of the big game and lose their position in the legal industry u nf As commerce becomes ever more global, goods and services travel across the ll world seamlessly, so we need a seamless judicial platform that can the same m oi Even, with AI (Artificial Intelligence) and machine learning to make systems z at nh smarter and smarter without the need for human intervention will become ubiquitous very soon even for small- and medium-sized enterprises These pose a z gm @ higher pressure for commercial courts, not only for Vietnamese commercial courts but including the leading commercial courts around the world to provide the best l m co innovations and services A strong, competitive and well-regulated legal sector always will be a cornerstone and essential for sustainable economic growth No an Lu innovation, no break-through, this is true in any field n va ac th 70 si There have been some movements in some new commercial courts around the world, such as in the Netherlands, Paris It is not possible to discuss these fully within the scope of the thesis, but it suffices for present purposes to highlight services and innovations of international commercial courts which are expected to be precious lessons for Vietnamese commercial courts Hanoi 1/7/2019 lu an n va p ie gh tn to d oa nl w ll u nf va an lu oi m z at nh z m co l gm @ an Lu n va ac th 71 si REFERENCES Adrian, B., 2014, Private International Law in English Courts, Oxford Baudenbacher, 2010, International Dispute Resolution, Vol 2, Dialogue between Courts in Times of Globalization and Regionalization, German Law Publishers Benjamin, H., 2017, Conflict of Laws and Arbitral Discretion, Oxford Bo, Y., 2017, „Foreign-Related Commercial Dispute Resolution in China: A focus on litigation and arbitration’, PhD thesis, Erasmus University Rotterdam Dang, Q., 2018, „International Commercial Courts–Partners and Potential lu Rivals of Arbitration’, master‟s thesis, Kobe University an DIFCC Annual Review, 2017, https://annualreview.difccourts.ae/#innovation va n DIFCC Rules, 2016, https://www.difccourts.ae/court-rules/part-25-interim- tn to remedies-and-security-for-costs/ ie gh Financial Markets Law Committee, http://www.fmlc.org/ p Firew, T., 2016, the Emergence of Hybrid International Commercial Courts nl w and the Future of Cross Border Commercial Dispute Resolution in Asia, 14 oa Loy, U Chi, Int'l L Rev 31 d 10 Guidelines on the Use of a Secretary to the Arbitral Tribunal, 2014, lu va an http://www.hkiac.org/sites/default/files/ck_filebrowser/PDF/arbitration/6ai_HK IAC_Guidelines_on_Use_of_Secretary_to_Arbitral_Tribunal.pdf u nf ll 11 Hartley & Dogauchi, 2007, Explanatory Report on the 2005 Convention on oi m Choice of Court Agreements z at nh 12 IBA Rules of Ethics for International Arbitrators 1987 13 ICC Rules 2017, HKIAC Rules 2013, SIAC Rules 2016, LCIA Rules 2016 z @ 14 John, Th., 2016, Commercial Justice in the Global Village: the Role of l gm Commercial Courts, DIFC Academy of Law lectures, DUBAI 15 List of legal agreements between Vietnam and other countries, 2017, m co 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