MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY ****** INFORMATION ON NEW RESEARCH FINDINGS OF THE DOCTORAL DISSERTATION Dissertation title: Improving the
Trang 1MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY
******
INFORMATION ON NEW RESEARCH FINDINGS OF THE DOCTORAL DISSERTATION
Dissertation title: Improving the law on commercial mediation in Vietnam in the context of
international economic integration
Doctoral candidate: Lê Hương Giang
Supervisors: 1 Assoc.Prof Dr Dương Đăng Huệ 2 Dr Đoàn Trung Kiên
Training institution: Hanoi Law University
SUMMARY OF NEW RESEARCH FINDINGS
On the basis of selective results of the previous studies on commercial mediation, the thesis has brough the following new contributions to the knowlegde:
First, the thesis uses the systematic and analytical methods to deepen some theoretical issues of commercial mediation including the concepts and legal characteristics of commercial mediation, the concepts of the law on commercial mediation, and the process of development, form and contents of the law on commercial mediation in Vietnam
Second, the thesis uses the methods of collecting, analysing and comparing information to clarify the role of commercial mediation and the factors affecting the law on commercial mediation in the context of international economic integration and to point out which requirements and challenges for commercial mediation would set out in the current context of international economic integration in Vietnam
Third, the thesis uses the analytical method to offer comments on the current provisions of Decree 22/2017/NĐ-CP on commercial mediation and Chapter XXXIII of the 2015 Civil Procedure Code on the issues of commercial mediators, commercial mediation organisations, settling disputes by commercial mediation, the State management and support for commercial mediation activities
Fourth, the thesis uses the comparative law method to clarify the level of integration of the law
on commercial mediation of Vietnam in comparision with the UNCITRAL(United Nations Commission on International Trade Law) Model Law on international commercial mediation (2002, amended 2018) and the law of some typical countries such as Germany, Singapore, and Australia Fifth, the thesis points out and analyses the directions for improving the law of Vietnam on commercial mediation to ensure that commercial mediation must be considered as a tool to serve the benefits of traders On that basis, thesis offers some solutions to improve the form and contents of the law on commercial mediation, consistenly with the current context of international economic integration in Vietnam
The arguments, scientific comments and conclusions of the thesis are worth consulting for the legislators, law researchers, as well as valuable in legal research and teaching activities
SUPERVISORS
Assoc.Prof Dr Dương Đăng Huệ Dr Đoàn Trung Kiên
(Supervisor 1) (Supervisor 2)
PhD Candidate
Lê Hương Giang