Regulation on coordination in resolving int’l investment disputes issued

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The Regulation prescribes the principles, tasks, power and process of coordination among state agencies, organizations and individuals concerned in resolving international investment disputes through international arbitration or at other tribunals outside Viet Nam.

It does not apply to the settlement of investment complaints at arbitration centres, courts, agencies and organizations of Viet Nam according to Viet Nam’s law.

Regarding the principles of coordination, the leadership agency, the legal representative agency of the Government, and relevant agencies, organizations and individuals are responsible for promoting full, effective and timely coordination in handling international investment disputes pursuant to the provisions of the Regulation and the Vietnamese law to optimally protect the lawful rights and interests of the Government and state agencies of Viet Nam.

The leadership agency, the legal representative agency of the Government, and relevant agencies, organizations and individuals are also obliged to keep State secrets and conceal the information and documents obtained during the process of dispute settlement, in accordance with the provisions in international arbitral proceedings and the provisions of Viet Nam’s law.

The leadership agency, the legal representative of the Government, and relevant agencies, organizations and individuals must take responsibility before the law for the consequences incurred by their failure to coordinate in line with the aforementioned principles.

The Regulation specifies the contents of coordination, including the exchange of information and documents among relevant agencies in the process of settling foreign investors’ complaints, denunciations and problems in order to prevent international investment disputes.

In addition, the agencies concerned coordinate in the resolution of international investment disputes through appointing their competent persons to join the intersectoral working group on dispute settlement at the request of the  leadership agency, as well as to participate in negotiating and mediating international investment disputes, designing and implementing the strategy and roadmap for dispute handling, and collecting and providing information, records, evidences and documents serving the settlement of international investment disputes.

These authorized individuals are also in charge of dealing with contents related to judgments and decisions by international arbitrators, and performing other affairs in the resolution of international investment disputes./.

By Vien Nhu