On April 12, 2023, the Ho Chi Minh City University of Law, in coordination with the international law firm Nishimura & Asahi, successfully hosted an international conference on the topic: “Alternative Dispute Resolution (ADR) Methods in the Development of Digital Technology.”
The event attracted numerous legal experts, academics, and practicing lawyers from prestigious domestic and international research institutions and law firms, creating an in-depth academic forum on the impact of digital technology on modern dispute resolution mechanisms.
Academic Contributions from Lawrel’s Legal Counsels
At the conference, two legal counsels from Lawrel LLC Law Firm presented their research:
- Dr. Nguyen Thi Hoa presented her paper: “Vietnamese Arbitration Law facing with the development of digital technology”
- Ms. Ngo Nguyen Thao Vy, LL.M. presented her paper: “AI Implementation in ODR: A game-changer or a troublemaker of data protection”
Key Legal Analysis
- The Adaptation of Vietnamese Commercial Arbitration Law to Digital Technology
In her presentation, Dr. Nguyen Thi Hoa provided a deep analysis of the direct impact of digital technology on arbitration proceedings in Vietnam, while also highlighting the current legal shortcomings in the 2010 Law on Commercial Arbitration. Some of the key issues raised include:
- Recognizing the legal validity of electronic evidence, digital data, and digital signatures in arbitration proceedings.
- Improving regulations for online hearing procedures to ensure transparency and fairness between disputing parties.
- The mechanism for recognizing and enforcing online arbitral awards (e-awards) under the New York Convention of 1958.
The presentation emphasized that without timely improvements to the legal framework, Vietnam will struggle to maintain its competitiveness in the international arbitration services sector.
- AI Application in Online Dispute Resolution (ODR) and the Challenge of Personal Data Protection
For her part, Ms. Ngo Nguyen Thao Vy, LL.M. focused on analyzing the role and legal risks of applying AI to the Online Dispute Resolution (ODR) process – a mechanism that has grown rapidly since the COVID-19 pandemic.
The presentation clarified two legal perspectives:
- The legality of decisions made by AI-integrated ODR systems: This raises the need for human oversight and an appeal mechanism for AI-generated outcomes.
- Personal data protection in ODR: The retrieval, processing, and storage of data by AI during ODR sessions pose a high risk of data breaches and violations of the parties’ privacy rights.
Ms. Thao Vy stressed that Vietnam needs to urgently develop a dedicated legal framework for ODR, with strict rules on the data protection responsibilities of service providers and measures to ensure cross-border cybersecurity.
Legal Context and Direction in Vietnam
Both presentations are set against the backdrop of Vietnam’s strong push for digital transformation and the development of the National Strategy on Artificial Intelligence to 2030. However, current Vietnamese laws, including the 2010 Law on Commercial Arbitration, the 2018 Law on Cybersecurity, and Decree 13/2023/ND-CP on Personal Data Protection, still have significant gaps when it comes to regulating online proceedings and the application of AI in dispute resolution.
Conclusion and Recommendations
The international conference was not only a valuable academic forum but also an opportunity for Vietnamese legislators, regulatory agencies, and the business community to learn from international experiences. This will help in gradually building a synchronized legal mechanism that promotes the controlled application of digital technology, ensuring both efficiency and legal compliance in commercial dispute resolution.
