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Vietnam presents a lucrative market for foreign shipping lines, offering opportunities to exploit freight routes to numerous countries and continents worldwide. The potential for foreign shipping lines to serve exporters and importers in Vietnam is substantial. We frequently receive inquiries from shipping lines about establishing a commercial presence in Vietnam, whether they are planning to expand their business scope or simply set up contact points in economically developed provinces and cities with vibrant seaport activities, such as Hanoi, Hai Phong, Quang Ninh, Da Nang, Vung Tau, and especially Ho Chi Minh City, etc.
Based on our experience, a foreign shipping company can penetrate the Vietnamese market through several avenues:
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1313" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Capture10.jpg" alt="" width="1271" height="709" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Capture10.jpg 1271w, https://cms.anhisa.com/wp-content/uploads/2025/05/Capture10-300x167.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Capture10-1024x571.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Capture10-768x428.jpg 768w" sizes="(max-width: 1271px) 100vw, 1271px" />
1 – (Foreign) Representative Office
This office operates as a liaison point without any business or service provision functions.
Pros: Appointed by the parent company abroad, they establish relationships with parties, markets, and state agencies, and promote trade to advocate for the parent company’s business. This model is quite simple and appropriate for those seeking to increase recognition.
Cons: The representative office’s operational scope is limited; they are not permitted to buy and sell goods and services for direct profit in Vietnam, and the head of the office faces numerous restrictions on undertaking other commercial positions, such as being other branches/Vietnamese companies’ heads.
2 – (Foreign) Branch
This entity has business functions authorized by the headquarters and in accordance with its granted license for establishment and operation.
Pros: Branches of foreign shipping lines provide services, earn profits, repatriate, pay taxes, and generally have more extensive operations than representative offices.
Cons: Such Branches do not possess their legal status and will be considered as responsibility-dependent on the parent company abroad. The reporting regime applicable to this type of presence is relatively complex, and the Branch Head also subject to certain limitations similar to those of the above-mentioned representative offices’ heads.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1311" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30.jpg" alt="" width="2048" height="1331" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30.jpg 2048w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30-300x195.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30-1024x666.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30-768x499.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30-1536x998.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-30-1568x1019.jpg 1568w" sizes="(max-width: 2048px) 100vw, 2048px" />
3 &#8211; Investment through a Vietnamese Company
Vietnam is a relatively open market for foreign investors in the fields of coastal and ocean transport, warehousing, and logistics, with several international investment commitments. At this point, foreign shipping lines may navigate the business in the form of investment through establishing a Vietnam-domiciled company according to the Vietnam Enterprise Law. The three protocols of investment should be enumerated as M&amp;A into an existing company, participating in a joint venture as a multi-member LLC, or solely establishing a single-member LLC.
<ul>
<li>M&amp;A</li>
</ul>
Foreign shipping lines can acquire shares or make capital contributions to an existing enterprise in Vietnam. This ensures that the business has a base to operate, but due diligence is crucial to avoid risks associated with previously incurred obligations.
<ul>
<li>Joint venture toward a multi-member company (LLC or JSC)</li>
</ul>
A new business in the form of a joint venture is also a viable option, as local partners can assist with capital, location, market, and relationships with state agencies, but corporate governance will require an adequate resource.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1310" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-29.jpg" alt="" width="1536" height="838" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-29.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-29-300x164.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-29-1024x559.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-29-768x419.jpg 768w" sizes="(max-width: 1536px) 100vw, 1536px" />
<ul>
<li>A single-member limited liability company</li>
</ul>
Shipping companies can also enter Vietnam’s shipping market by establishing a new limited liability company under their own ownership.
<ul>
<li>Expanding the arms with local branches and representatives</li>
</ul>
Existing businesses in Vietnam can open new representative offices and branches anywhere, provided that they have adhered to the required application. Since these companies are now domiciled in Vietnam, establishing local representative offices and branches is somewhat simpler than the first two options, but please be aware that branches established for profit-seeking business may be considered an investment project and subject to a separate application.
4 &#8211; Appointing Vietnamese local agent(s)
Lastly, when not directly present in Vietnam, we have observed shipping lines that appoint their agents in Vietnam as 100% local businesses. These agents represent shipping lines to enter into contracts and liaise with consignees and shippers, Ports, Customs, Tax Agencies, and others. Such a contractual relationship allows the shipping lines to mitigate relevant costs but may generate the risk of ineffective controllability.
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
NGUYEN THI TUYET MAI
Senior Associate
Mobile: (+84) 939 117398
Email: mai@anhisa.com
TRAN DUC MANH
Associate
Mobile:  (+84) 337 649204
Email: manh@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

Establishing a Commercial Presence in Vietnam: What Foreign Marine Shipping Lines Need To Know

In the ever-evolving landscape of business, particularly in an environment as dynamic as Vietnam, the necessity of labor reorganization cannot be overstated. As we navigate through periods of economic instability, such restructuring becomes not just advisable but imperative for the survival and growth of our companies, including those in the shipping lines and beyond.
Labour restructuring is not merely about downsizing or cutting costs; it&#8217;s about optimizing resources, adapting to market demands, and ensuring long-term sustainability. In today&#8217;s globalized economy, where competition is fierce and uncertainties abound, agility is the name of the game. By realigning our workforce with our strategic objectives, we position ourselves to weather storms and seize opportunities with greater resilience and efficiency.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1303" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-28-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
However, amidst the imperative of restructuring lies a myriad of legal considerations, especially in a jurisdiction as intricate as Vietnam. One aspect that warrants particular attention is how employees may legitimately terminate labor contracts. Vietnamese labor laws provide avenues for employees to exit contracts under specific circumstances, such as unilateral termination due to force majeure or mutual agreement between parties. Understanding these provisions is crucial to avoid disputes and legal ramifications.
The spotlight today falls on the legal risks incurred when employers initiate layoffs. Terminating labor contracts, even in the face of necessity, carries inherent legal complexities and potential pitfalls. From compliance with procedural requirements to safeguarding against claims of unfair dismissal, navigating this terrain demands meticulous attention to detail and a comprehensive understanding of the legal framework.
As our conglomerated experience, there are five key takeaways that every employer must bear in mind when contemplating layoffs:
<ul>
<li>Firstly, ensure compliance with legal procedures. Vietnamese labor laws prescribe specific steps and timelines for terminating contracts. Failure to adhere to these protocols can expose employers to litigation and financial penalties.</li>
<li>Secondly, prioritize fairness and transparency. Communicate openly with affected employees, provide adequate notice, and offer reasonable severance packages where applicable. Maintaining integrity throughout the process is paramount to preserving trust and goodwill.</li>
<li>Thirdly, mitigate risks through documentation. Keep meticulous records of performance evaluations, disciplinary actions, and communications related to the decision-making process. These records serve as invaluable evidence in the event of disputes.</li>
<li>Fourthly, anticipate potential challenges. Proactively assess the impact of layoffs on remaining staff morale, productivity, and organizational culture. Implement measures to address concerns and mitigate negative repercussions.</li>
<li>Lastly, seek professional guidance. Given the intricacies of labor law in Vietnam, consulting with legal experts can provide invaluable insights and mitigate risks.</li>
</ul>
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1302" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-27.jpg" alt="" width="1024" height="845" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-27.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-27-300x248.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-27-768x634.jpg 768w" sizes="(max-width: 1024px) 100vw, 1024px" />
While labor restructuring and layoffs may present daunting challenges, they also offer opportunities for renewal and growth. By navigating these challenges with prudence, diligence, and respect for legal obligations, we not only protect our businesses but also uphold the dignity and rights of our employees. Our lawyers and assistants at ANHISA have served our Clients in many cases with the same merits, even some extraordinarily complicated cases, and are always willing to be our counsel on your demand.
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
NGUYEN THI TUYET MAI
Senior Associate
Mobile: (+84) 939 117398
Email: mai@anhisa.com
TRAN DUC MANH
Associate
Mobile:  (+84) 337 649204
Email: manh@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

Labour restructuring and laying off in Vietnam – Legal risks and what to acknowledge

[A SERIES OF ARBITRATION NOTES] EPISODE 12| SIAC NEW RULES FOR 2025| Change Of Representatives

Foreword
Leasing land use rights and factories within industrial parks are common activities when entrepreneurs embark on business ventures or expand their operations. The rental fees for land use rights and factories often entail substantial value, along with additional costs such as real estate brokerage fees. During the execution of these leasing agreements, some parties may not comply with their contractual obligations to pay on time and in full. How can such outstanding debts be recovered?
ANHISA has served numerous clients, including industrial park developers, industrial parks lessees, and real estate brokers as providing services related to debt recovery and dispute resolution. Based on our experience, businesses would need to pay attention to a professional and effective process as below.
Maintaining communication and regularly monitoring partners: Ensuring regular communication is crucial, as it keeps track of business conditions and cash flows of your Clients. Pursuing outstanding debts from partners with good business results and continuous cash flows is often more favorable, whereas demanding repayment from partners facing liquidity issues may not yield favorable results.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1289" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
Reminding and requesting payment (pre-litigation or before action) is an effective method for businesses to recover debts by exerting pressure, while also opening opportunities to renegotiate repayment schedules and processes, as well as offsetting remaining balances between parties. Many debts have been successfully recovered during our involvement in debt collection support. However, the success rate at this stage depends largely on the debtor&#8217;s goodwill. Reminders and payment requests can be conducted via email, formal written letters, or even with the involvement of lawyers to increase pressure on debtors.
Mediation: Mediation, as an alternative dispute resolution method, is also a suitable solution for effective debt recovery in Vietnam. Currently, mediation is widely chosen by business parties for dispute resolution and reconciliation. Through mediation, creditors can assess the debtor&#8217;s ability to pay and liquidity, design repayment schedules, and reach highly enforceable mediation agreements.
Litigation and dispute resolution at Court or Arbitration: In cases where debtors refuse to pay, creditors can file lawsuits with dispute resolution authorities, including arbitration (if parties have a valid arbitration agreement) or Vietnamese courts. Litigation stages generally have higher effectiveness in increasing pressure and achieving a solid legal basis for debt recovery. Nonetheless, high legal costs, including lawyer fees, procedural costs, notarization, authentication, and travel expenses, pose considerations for creditors when deciding to litigate.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1288" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1.jpg" alt="" width="1024" height="683" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1-300x200.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1-768x512.jpg 768w" sizes="(max-width: 1024px) 100vw, 1024px" />
Apart from the above issues, conducting corporate searches will also help creditors accurately assess the debtor&#8217;s operational status. The asset structures of each debtor are quite distinctive; hence, handling methods for debtors will also vary. For debtors being industrial park developers (with debts often being brokerage fees, tenant introduction fees), they typically have fixed headquarters as their main assets are fixed assets within industrial parks. On the contrary, if the debtor is a lessee (such as a manufacturing enterprise), they may relocate factories elsewhere, or only place factory addresses (branches) within industrial parks while their main headquarters may be located in other provinces or cities, complicating the debt recovery process.
With ANHISA’s experience in similar cases, we are always ready to support our valued partners, whether they are real estate brokers, industrial park developers, or lessees in resolving outstanding debts. We can participate with our clients from the corporate search stage to assess the overall situation, conduct reminders, payment requests through lawyer letters, or support clients in the dispute resolution process, especially in commercial arbitration or court.
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
NGUYEN THI TUYET MAI
Senior Associate
Mobile: (+84) 939 117398
Email: mai@anhisa.com
TRAN DUC MANH
Associate
Mobile:  (+84) 337 649204
Email: manh@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

Navigating the legal procedures for Debt Recovery from Industrial Park Land Use

Facts of the case
The shipping line, based on the House Bill of Lading issued by its agent in Vietnam, has delivered the goods to the buyer while not receiving the surrendered Bill from the buyer. Therefore, the seller has brought up a claim against the shipping line’s agent, which was actually at the shipping line’s fault. Thus, the shipping line has made multiple efforts to negotiate with the seller to indemnify the seller for their loss of interest.
Not only under Vietnam Law but also under the international legal regime, the delivery of cargo without surrender of Bill of Lading is clearly wrong in its nature. Therefore, the amicable resolution is when the parties settle the claim with a settlement agreement. This case is in a dilemma since the fundamental function of a Bill of Lading was shut down since it was not surrendered, which sabotaged the evidence of contract of carriage, yet the involved parties cannot resolve the dispute in a straightforward movement.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1283" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24.jpg" alt="" width="2048" height="1359" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24.jpg 2048w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-300x199.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1024x680.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-768x510.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1536x1019.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-24-1568x1040.jpg 1568w" sizes="(max-width: 2048px) 100vw, 2048px" />
Legal background
The Bill of Lading in sophisticated cross-border trade has long been used as a pivotal tool, as regulated both in international conventions like the Hague-Visby Rules, the COGSA 1992, or in national codes like the Vietnam Maritime Code. The rationale is famously recognized for the 03 essential functions of the document acting as (i) a snapshot of the condition of the goods/shipment, (ii) evidence of contract of carriage, and (iii) a document of title.
These functions perform correspondingly throughout the world-wide sales of goods where (i)  the shipment shall be confirmed to appear conformed with the contractual requirements before (ii) the Bill of Lading is issued by the Carrier or Freight Forwarder in the form of either a straight bill which cannot be endorsed to another buyer or a negotiable bill which can be endorsed to another buyer even when the goods are still carried on the sea. Thus, it acts as a contract of carriage which is (iii) used as a checking ground with the endorsee’s bill of lading, which should the information is correct, the title to receive the goods shall be granted to such endorsee. Throughout these 03 phases of executing the 03 functions, each of them plays an equally crucial role that failure in either will became a fundamental breach of either the purchase contract between the seller and the buyer or the contract of carriage between the carrier and the parties, so the damaged party can claim or sue such party for their loss of interest.
In particular to this article and in respect of the case, the contract of carriage between the parties has been breached due to the failure in phases 2 and 3. To be specific about the 2 functions in these stages, the carrier shall issue the Bill of Lading in several original copies to keep and to send to the shipper and the original buyer as well, in case of negotiable bills. If the goods are passed on to another buyer in a later stage, the original buyer will inform the shipper and the carrier of the new buyer&#8217;s information for the amendment of the Bill of Lading while also endorsing the Bill to the new buyer. This stage can happen multiple times, and on the reverse side of these Bills will highly likely include a number of core provisions of a contract of carriage. Hence, based on the endorsement, the new buyer has established themselves with the carrier in a contractual relationship and have the duty to surrender the Bill for confirmation of identity so that the carrier can confirm that the information is correct and such buyer has the title to the delivery to receive the goods before deliver the goods to the buyer. In this case, functions 2 and 3 of the Bill have been breached by the carrier towards the seller due to the act of both the buyer and the seller.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1282" src="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23.jpg" alt="" width="2048" height="1147" srcset="https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23.jpg 2048w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-300x168.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1024x574.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-768x430.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1536x860.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/05/Thiet-ke-chua-co-ten-23-1568x878.jpg 1568w" sizes="(max-width: 2048px) 100vw, 2048px" />
Way-out for the carrier
Since the fault is unambiguous, removing indemnity liabilities for the agent or the shipping line is very challenging, the agent will highly likely be requested to indemnify the seller by the court, so eventually, the shipping line will also face the risk of being claimed by the agent.
Therefore, and naturally, the best solution to resolve the claim is through a private negotiation amongst the seller and the shipping line to reach a settlement agreement for the optimal outcome, where the shipping line shall indemnify the seller for their claimed loss of interest. However, the seller only agreed to meet the agent and kept dodging the offer to negotiate with the shipping line, which resulted in the filing before the court. Hence, the shipping line is now stuck in a dilemma of not being able to settle the claim with the seller due to their rejection and being reclaimed eventually by their agent.
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
NGUYEN THI TUYET MAI
Senior Associate
Mobile: (+84) 939 117398
Email: mai@anhisa.com
PHAN MINH PHUONG
Associate
Mobile:  (+84) 969 875630
Email: phuong@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.
&nbsp;

DELIVERY OF CARGO WITHOUT SURRENDER OF BILL OF LADING – A POTENTIAL RISK

Foreword
Over many years of engaging in litigation related to collisions, our legal team has encountered numerous unexpected situations with respect to the evidence presented by opposing parties in court. One particular case from four years ago involved a container vessel that, due to a lack of proper lookout, collided with a bulk carrier during its voyage. Following the collision, the container vessel and all cargo were completely submerged, while the bulk carrier sustained only minor damage. Fortunately, the crew of the container vessel was promptly rescued by the bulk carrier, which then continued on its itinerary.
Five months after the incident, the container vessel owner (“Claimant”) filed a lawsuit against the bulk carrier owner (“Respondent”) in court, requesting full compensation for damages related to the hull of the vessel, the cargo on board, and the lost wages of the crew. At the time of submitting a statement of claim, the Claimant submitted the original survey report from an independent inspection organization they had appointed, along with copies of this document, to the Respondent.
The Respondent received the complete set of documents and provided them to our legal team one month later. Upon reviewing the entire case file, it was noted that the survey report from the Claimant stated that the apportionment of liability between the Claimant and the Respondent was 90:10 in favor of the Respondent.
The Contradiction in Evidence Presented by the Same Party
During the conciliation session, we utilized the survey report provided by the Claimant, which indicated the Respondent&#8217;s blame ratio at 10% while attributing 90% of the blame to the Claimant. This evidence was instrumental in demonstrating that the Claimant acknowledged the primary cause of the accident was attributable to their own actions. Consequently, in the spirit of amicably resolving the matter swiftly, we suggested that the Claimant consider reducing their claim for damages to 10% of the total loss.
However, it was unexpected that the court informed us that they had not received any documentation from the Claimant indicating the 10:90 blame ratio in favor of the Respondent; instead, the only report available indicated this ratio of 10:90 in favor of the Claimant. As a result, the Claimant insisted on maintaining their unreasonably high compensation demand based on this basis.
Upon cross-referencing both survey reports retained by the court and the copy provided to our client, it was observed that both were issued by the same inspection organization and contained identical content, differing only in the stated blame ratio.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1276" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22.jpg" alt="" width="2000" height="1109" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22.jpg 2000w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22-300x166.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22-1024x568.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22-768x426.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22-1536x852.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-22-1568x869.jpg 1568w" sizes="(max-width: 2000px) 100vw, 2000px" />
Reasons Behind Discrepancies in Survey Reports from the Same Inspection Organization
Upon thorough examination, we identified that the inconsistencies in survey reports issued by the same inspection organization during litigation might stem from two potential causes:
<ul>
<li>The party submitting the evidence may have altered the page containing the blame ratio to reflect a 10:90 split and subsequently forged the seal to authenticate the amended page.</li>
<li>Alternatively, the discrepancies might result from an error within the inspection organization itself during the report issuance process. In fact, surveyors appointed by parties in collision cases serve dual roles: they act as independent third parties providing an assessment of the incident while also functioning as service providers to the party that appointed them. Consequently, the content of their survey reports may sometimes lack the independence and objectivity required for a fair resolution. Therefore, we did not rule out the possibility that the inspection organization in this case may have been influenced by their client, the Claimant, to amend the results of the inspection report.</li>
</ul>
Addressing Discrepancies in Survey Reports from the Same Inspection Organization
Form of Evidence
Recognizing the inconsistencies within the same document provided by the Claimant, we immediately contested this evidence and requested that the court reevaluate its validity. The Claimant argued that the document held by the court was the original, while our document was merely a copy and therefore lacked legal standing in court.
Types of Survey Reports 
It is noteworthy that in the field of surveying, the inspection organization commonly issues one original report and multiple copies for client convenience. However, all original reports and copies are generally signed by the surveyor and stamped by the inspection organization. Given that our document retained the complete seal and signature from the inspection organization, we immediately requested the court to summon a representative from the inspection organization to clarify the discrepancies in the documents issued by this entity.
Approach to Resolving Evidence Discrepancies
After the conciliation session, we promptly sent a letter requesting that the Claimant withdraw the document containing signs of forgery. <a href="#_ftn1" name="_ftnref1">[1]</a>Simultaneously, we submitted a request for a signature and seal verification of both documents to the court and the procuracy. Furthermore, to prevent any collusion between the inspection organization and the Claimant from presenting false testimony in court, we served all requests we had sent to the Claimant and the court at the address of the inspection organization. In the event that this organization provides false evidence or testimony, the results of the signature verification would serve as incriminating evidence against them, exposing them to potential administrative and even criminal penalties.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1275" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21.jpg" alt="" width="2048" height="1365" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21.jpg 2048w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21-300x200.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21-1024x683.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21-768x512.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21-1536x1024.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-21-1568x1045.jpg 1568w" sizes="(max-width: 2048px) 100vw, 2048px" />
Outcome: Swift Resolution Through Conciliation Agreement
In practice, the apportionment of liability is a crucial issue in resolving collision disputes. Hence in most litigation cases, parties often engage in heated arguments over blame ratio. This debate can prolong for months or even years if parties stubbornly maintain their positions. Our challenge to the validity of the survey report, which the Claimant relied upon as the basis for blame ratio, compelled the Claimant to reconsider and propose a reasonable amount for swift resolution through a settlement agreement.
Reflection: Caution in Apportionment of Liability Based on Survey Reports 
Reliability of the Survey Report
The survey report from an inspection organization may be regarded as a reference document to determine the blame ratio among parties. However, the lack of comprehensive independence, potentially influenced by the appointing client, can render the survey report unreliable.
Proposed Solution
When encountering any signs of forgery or inconsistencies submitted to the court, it is essential to conduct a comprehensive evaluation of potential parties that may influence and falsify evidence. Once the relevant parties are identified, an effective resolution involves requesting the court to summon an expert examination of the evidence, submitting a letter requesting the submission of false evidence to be retracted, and notifying all relevant parties about the examination request to ensure they consider the potential legal consequences and penalties they may face. This process enhances the effectiveness of negotiation or dispute resolution in court.
<a href="#_ftnref1" name="_ftn1">[1]</a>Article 103.1 of the Civil Procedure Code 2015
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
TRUONG CONG HONG
Senior Associate
Mobile: (+84) 909 814090
Email: hong@anhisa.com
TRAN THI BAO TRAM
Associate
Mobile:  (+84) 332 245449
Email: baotram@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

UNEXPECTED SITUATIONS IN COLLISION DISPUTES: INCONSISTENCIES IN EVIDENCE

Abstract: The Singapore International Arbitration Centre (SIAC) has unveiled its 2025 Rules, introducing significant advancements aimed at enhancing the efficiency and flexibility of arbitration. Notably, Rules 32.4 and 50.2 actively promote the use of mediation as a complementary dispute resolution mechanism. These provisions reflect a growing international trend toward integrating mediation within arbitration frameworks, offering parties a cost-effective and amicable means of resolving disputes. This article explores the content and significance of these rules, their alignment with global practices, and their potential impact on the future of international arbitration among theoretical perspectives on mediation.
Understanding Rules 32.4 of SIAC Rules 2025
Rule 32.4 of the SIAC Rules 2025 empowers arbitral tribunals to invite parties to consider mediation at any stage of the arbitration proceedings.
QUOTE
32. Conduct of the Proceedings 
32.4 As soon as practicable after the constitution of the Tribunal, the Tribunal shall convene a first case management conference with the parties to discuss the procedures that will be most appropriate and efficient for the case. At the first case management conference, the Tribunal may additionally consult with the parties on:
(a) the potential for the settlement of all or part of the dispute, including through the adoption of amicable dispute resolution methods such as mediation under the SIAC-SIMC AMA Protocol; and 
(b) whether it would be appropriate to adopt environmentally sustainable procedures for the arbitration.
UNQUOTE
The introduction of mediation and the SIAC-SIMC AMA Protocol in the SIAC arbitration rules marks a significant development. Rule 32.4 of the SIAC Rules 2025 is a new provision compared to its predecessor, Rule 19 of the SIAC Rules 2016<a href="#_ftn1" name="_ftnref1">[1]</a>, and represents the first time mediation has been explicitly referenced in SIAC’s arbitration rules.
Although the SIAC-SIMC AMA Protocol was introduced as an attachment to the SIAC Rules 2016<a href="#_ftn2" name="_ftnref2">[2]</a>, mediation itself was not mentioned in the core arbitration rules (from Rule 1 to Rule 40 of SIAC Rules 2016). The explicit incorporation of the SIAC-SIMC AMA Protocol in the SIAC Rules 2025 underscores SIAC’s commitment to promoting amicable dispute resolution methods, particularly mediation.
With this introduction, the opportunities for mediation under the SIAC-SIMC AMA Protocol have expanded significantly, providing parties with greater access to the mediation process.
First, mediation &#8211; especially under the SIAC-SIMC AMA Protocol &#8211; is now introduced to parties by arbitral tribunals themselves. The tribunal, being intimately familiar with the dispute, is in an ideal position to encourage parties to consider a more constructive resolution method rather than proceeding with adversarial arbitration.
Second, mediation conducted within the SIAC-SIMC AMA framework offers parties a high level of assurance, with a secure, confidential, and structured process overseen by established institutions.
Third, the fact that mediation is proposed at a very early stage &#8211; during the first case management conference (CMC) &#8211; underscores its significance. By introducing mediation at this procedural juncture, SIAC enhances the likelihood of early dispute resolution, saving parties considerable time and costs.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1270" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19.jpg" alt="" width="2048" height="1365" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19.jpg 2048w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19-300x200.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19-1024x683.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19-768x512.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19-1536x1024.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-19-1568x1045.jpg 1568w" sizes="(max-width: 2048px) 100vw, 2048px" />
Rule 32.4 of SIAC Rules 2025 has introduced a structured framework for mediation within ongoing arbitration proceedings. Unlike traditional arbitration rules, which treat mediation as a separate and optional process, this provision empowers the arbitral tribunal to actively encourage parties to consider mediation at any stage of the dispute.
If the parties agree to grant the arbitral tribunal such authority, the tribunal may propose mediation either on its own initiative or at the request of a party, ensuring that settlement discussions are not overlooked.
Not to mention, all discussions held during mediation remain confidential and without prejudice, meaning they cannot be used against a party if mediation fails and arbitration resumes. This rule acknowledges the benefits of mediation in fostering settlements and reducing costs. It ensures that parties remain aware of the option to mediate even after initiating arbitration, reinforcing SIAC’s commitment to alternative dispute resolution.
Understanding Rule 50.2 of SIAC Rules 2025
Rule 50.2 of SIAC Rules 2025, specifically Rule 50.2(l) introduces provisions that facilitate the seamless transition between arbitration and mediation, a clear pathway for parties to engage in mediation before or during arbitration.
QUOTE
50. Additional Powers of the Tribunal
50.2 In addition to the other powers specified in these Rules, unless otherwise agreed by the parties or prohibited by the mandatory rules of any applicable law, the Tribunal shall have the power to: 
[&#8230;]
(l) make any necessary directions, including a suspension of proceedings, for the parties to adopt any amicable dispute resolution methods such as mediation under the SIAC-SIMC AMA Protocol; and
UNQUOTE
Article 50.2(l) of the SIAC Rules 2025 represents a significant advancement in the active promotion of mediation within arbitration proceedings. By expressly granting tribunals the power to direct parties toward amicable dispute resolution methods, including mediation under the SIAC-SIMC AMA Protocol, SIAC reinforces the role of mediation as an integral component of international arbitration. This shift signifies a recognition that mediation is not merely an ancillary mechanism but a valuable tool in reducing the costs, time, and adversarial nature of arbitration.
If mediation proves unsuccessful, arbitration can resume with minimal procedural disruption. This interplay between arbitration and mediation reflects the hybrid dispute resolution trend observed in many international jurisdictions.
Rather than leaving the choice entirely to the parties, SIAC 2025 positions the tribunal as an active facilitator of mediation, ensuring that disputing parties at least consider the possibility of settlement.
This aligns with global trends favoring hybrid dispute resolution models, as seen in the rise of Arb-Med-Arb procedures, which allow for a seamless transition between arbitration and mediation. The reference to the SIAC-SIMC AMA Protocol in this provision further strengthens this approach by providing a structured framework through which parties can engage in mediation without fear of compromising their legal position in arbitration.
SIAC-SIMC AMA Protocol
The SIAC-SIMC AMA Protocol is a structured dispute resolution mechanism jointly developed by SIAC and the Singapore International Mediation Centre (SIMC). Launched in 2014, this protocol integrates arbitration and mediation, allowing parties to resolve disputes efficiently while maintaining the enforceability of an arbitral award.
Under the SIAC-SIMC AMA Protocol, parties commence arbitration under SIAC’s administration. Once the tribunal is constituted and parties have exchanged initial pleadings, the case is referred to SIMC for mediation, unless otherwise agreed. The mediation must be completed within eight weeks, ensuring that settlement efforts do not unduly delay proceedings. If mediation is successful, parties often try to perform the mediated settlement agreement as solutions provided therein had been proposed and agreed by themselves<a href="#_ftn2" name="_ftnref2">[3]</a>. If mediation fails, arbitration resumes without procedural disadvantage to either party.<a href="#_ftnref1" name="_ftn1"></a>
This hybrid model is particularly advantageous in commercial disputes, as it combines the flexibility and confidentiality of mediation with the finality and enforceability of arbitration. The AMA Protocol reflects Singapore’s commitment to promoting alternative dispute resolution and aligns with international trends favoring mediation within arbitration frameworks. It enhances efficiency, reduces costs, and fosters amicable resolutions, making it an attractive option for businesses seeking effective cross-border dispute resolution.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1271" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-20.jpg" alt="" width="1256" height="704" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-20.jpg 1256w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-20-300x168.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-20-1024x574.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-20-768x430.jpg 768w" sizes="(max-width: 1256px) 100vw, 1256px" />
Comparative Analysis: SIAC Rules 2025 and International Standards
The active promotion of mediation within arbitration is increasingly seen in leading arbitration institutions worldwide. The SIAC’s approach aligns well with international best practices and even surpasses certain frameworks in key areas.
The 2019 Singapore Convention on Mediation underscores the enforceability of mediated settlement agreements, making SIAC’s mediation-friendly rules more attractive to international users. The Singapore Convention serves as a pivotal instrument in the global dispute resolution landscape by ensuring that mediated agreements can be enforced across jurisdictions, much like arbitration awards under the New York Convention.
Comparatively, the ICC and HKIAC have adopted Arb-Med-Arb mechanisms, but SIAC’s direct encouragement of mediation by tribunals represents a bolder step toward embedding mediation within arbitration proceedings<a href="#_ftn1" name="_ftnref1">[4]</a>. The UNCITRAL Model Law also supports procedural efficiency in arbitration, and SIAC’s mediation provisions align well with UNCITRAL’s emphasis on party autonomy and flexible dispute resolution procedures.
One key distinction between SIAC’s approach and other institutions is the proactive role of arbitral tribunals in encouraging mediation. While many arbitration rules permit mediation, SIAC’s requirement for tribunals to consider mediation as a viable alternative represents a progressive shift toward integrating ADR mechanisms within arbitration rather than treating them as separate avenues.
Conclusion
The SIAC Rules 2025 represents a milestone in arbitration reform by actively promoting mediation as a viable dispute resolution tool. Rules 32.4 and 50.2 not only modernize SIAC’s framework but also set a precedent for integrating mediation into arbitration proceedings worldwide. By combining arbitration’s finality with mediation’s flexibility, these rules ensure that parties have greater control over their dispute resolution journey.
As businesses and legal practitioners adapt to these changes, SIAC’s forward-thinking approach is poised to influence the global arbitration landscape, making dispute resolution more efficient, cost-effective, and collaborative. With these developments, parties engaged in arbitration under SIAC’s auspices can now navigate disputes with greater flexibility and a stronger emphasis on amicable resolution &#8211; a win-win for all stakeholders involved.
By fostering a culture where mediation is an integral part of arbitration, SIAC strengthens Singapore’s role as a hub for innovation in alternative dispute resolution, paving the way for a more harmonious and effective global dispute resolution system.
<a href="#_ftnref1" name="_ftn1"></a>
<a href="#_ftnref1" name="_ftn1">[1]</a> Arbitration Rules of the Singapore International Arbitration Centre SIAC Rules (6th Edition, 1 August 2016) (herein after referred to as “SIAC Rules 2016”)
19 Conduct of the Proceedings
[&#8230;]
19.3 As soon as practicable after the constitution of the Tribunal, the Tribunal shall conduct a preliminary meeting with the parties, in person or by any other means, to discuss the procedures that will be most appropriate and efficient for the case.
<a href="#_ftnref2" name="_ftn2">[2]</a> As a part of Schedule 1 of SIAC Rules 2016
<a href="#_ftnref1" name="_ftn1">[3]</a> When an international dispute is successfully mediated under the SIAC-SIMC AMA Protocol and results in a settlement agreement, that agreement may be “assisted” in enforcement in relevant countries in accordance with the 2019 Singapore Convention on Mediation. Singapore has been a leading nation in establishing a legal framework for international mediation, with the 2019 Singapore Convention on Mediation being a significant achievement.
In terms of terminology, the Singapore Convention does not directly use the term &#8220;recognition&#8221; for mediated settlements but instead refers to “assistance” in enforcement, which implies recognition. This distinction arises because the term “recognition” is typically used when one state acknowledges an official act of another state, such as a court judgment. In contrast, a mediated settlement agreement is a private contract between parties rather than an official act of state authority. Therefore, the Singapore Convention deliberately avoids using the term “recognition” in this context.
As of now, Vietnam is still in the process of evaluating the Convention and has not yet officially acceded to the Singapore Convention on Mediation.
<a href="#_ftnref1" name="_ftn1">[4]</a> According to ICC (2023), there are certain differences between the Arb-Med-Arb protocol at SIAC and even VIAC compared to some other countries worldwide. At SIAC and VIAC, Arb-Med-Arb is often described as &#8220;Institution-Administered Mediation Windows,&#8221; with the term &#8220;Arb-Med-Arb&#8221; used as the nomenclature for their protocols. However, ICC also reports and highlights that in some jurisdictions, such as North America and in some respects in Europe, the terminology ‘Arb-Med’, ‘Med-Arb’ or ‘Arb-Med-Arb’ carries a connotation of a single neutral switching hats between arbitrator and mediator roles in the same matter. The &#8216;Institution-Administered Mediation Window&#8217; protocols offered by SIAC/SIMC and the Vietnam Center, do not involve such hat-switching, but, rather, they are an institutionally supported process featuring a separate and independent mediator functioning during the pendency of an arbitration.
See: © International Chamber of Commerce (ICC) (2023), “Facilitating Settlement in International Arbitration”
Available at https://iccwbo.org/new-report-and-guide-to-drive-thought-leadership-in-dispute prevention-and-resolution/.
&nbsp;
ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
TRUONG CONG HONG
Senior Associate
Mobile: (+84) 909 814090
Email: hong@anhisa.com
TRAN DUC MANH
Associate
Mobile:  (+84) 337 649204
Email: manh@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

[A SERIES OF ARBITRATION NOTES]  EPISODE 11 | Active Promotion of Mediation Under the SIAC Rules 2025 – Rules 32.4 and 50.2

The AMS 2025 series – the Arbitration and Mediation Symposium 2025 organized by the Vietnam International Arbitration Centre (VIAC) in collaboration with leading law universities – concluded successfully in early April 2025.
With the overarching theme “Time Management in Arbitration: Practical Necessity and Implementation Tools”, AMS 2025 became a key platform for arbitrators, mediators, legal professionals, and researchers to explore solutions for improving the efficiency of dispute resolution through arbitration and mediation.
As a contributing partner and expert participant, ANHISA was proud to have our Managing Partner, Lawyer Dang Viet Anh, take part as a keynote speaker in Workshop 2, themed “Strategies for Enhancing Time Efficiency through the Combination of Arbitration and Mediation.”
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1262" src="https://cms.anhisa.com/wp-content/uploads/2025/04/5.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/5.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/04/5-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/5-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/5-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/5-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/5-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" /> In his presentation, Mr. Dang Viet Anh provided in-depth insights into the strategic integration of arbitration and mediation – a growing trend worldwide and increasingly adopted in Vietnam.
Drawing from his extensive experience in commercial arbitration and maritime dispute resolution, he delivered practical analysis and concrete proposals aimed at optimizing time and cost in dispute resolution procedures. Mr. Dang Viet Anh emphasized that flexible integration of arbitration and mediation can offer businesses more efficient paths to resolution, particularly by saving significant time in the process.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1264" src="https://cms.anhisa.com/wp-content/uploads/2025/04/4.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/4.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/04/4-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/4-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/4-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/4-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/4-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
His thoughtful contributions not only enriched the content of the workshop but also reflected ANHISA’s ongoing commitment to promoting modern, effective dispute resolution methods. We believe these contributions will support the development of arbitration practices, recommendations for legal reform, and the enhancement of arbitral procedures in Vietnam in the near future.
ANHISA sincerely thanks VIAC and all organizing partners for the opportunity to contribute to the success of AMS 2025. We remain dedicated to accompanying the legal community in advancing the quality and effectiveness of dispute resolution in Vietnam.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1265" src="https://cms.anhisa.com/wp-content/uploads/2025/04/6.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/6.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/04/6-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/6-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/6-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/6-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/6-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
About ANHISA
ANHISA is a law firm specializing in commercial arbitration, maritime and aviation law. Our team of dedicated and experienced lawyers is committed to delivering efficient legal solutions tailored to the diverse needs of domestic and international clients.

AMS 2025 WRAP-UP: ANHISA AND LAWYER DANG VIET ANH – ADVANCING INNOVATION IN ARBITRATION AND MEDIATION

Foreword
In international arbitration, parties often require urgent relief before the full arbitral tribunal is constituted. To address this need, many arbitral institutions, including the Singapore International Arbitration Centre (“SIAC”), have introduced the Emergency Arbitrator (“EA”) mechanism under Rule 12.1 of the SIAC Rules 2025, as its dedication to a more efficient and modern framework of arbitration.
The EA procedure is a special procedure whereby an Emergency Arbitrator is appointed to hear applications for urgent interim relief prior to the constitution of the Tribunal.
SIAC was the first Asian arbitration institution to offer “Emergency Arbitrations” an innovative mechanism that provides a structured process for appointing an EA to grant interim relief in urgent cases, ensuring that parties can protect their rights effectively and efficiently.
The Need for Emergency Arbitration
According to SIAC’s data, since 1 July 2010, the procedure of emergency arbitration has received more than 130 applications for the appointment of an EA.
The EA has become a vital tool in international dispute resolution, offering swift relief when urgent issues arise before an arbitral tribunal is formally constituted. Common scenarios necessitating EA include preventing the dissipation of assets, preserving crucial evidence, and obtaining urgent injunctions. When there is a risk that one party may transfer or conceal assets to evade enforcement, EA can impose freezing orders to safeguard the claimant’s interests. Similarly, in cases where vital evidence is at risk of being destroyed or manipulated, emergency arbitrators can order preservation measures. Additionally, when ongoing actions threaten to undermine the arbitration process – such as contract breaches that cause irreversible damage – an EA can provide temporary injunctions to maintain fairness.
The expedited nature of EA sets it apart from both court-ordered interim relief and regular arbitration. Proceedings are designed to be fast and efficient, with emergency arbitrators making determinations within days. This rapid decision-making process ensures that urgent disputes receive immediate attention without disrupting the broader arbitration timeline. However, the relief granted is temporary, lasting only until the tribunal assumes jurisdiction. Therefore, parties considering the appointment of an EA must evaluate whether their situation requires immediate action or if waiting for the full tribunal would suffice. Proper assessment of necessity, enforceability, and strategic impact is crucial to determining whether an appointment of an EA is the right course of action.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1256" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-17-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
Application &amp; Process Flow for Emergency Arbitrator Procedure 
Under Rule 12.1 and Schedule 1 of SIAC Rules 2025, EA shall be proceeded through four main stages, including:
<ul>
<li>Application for the appointment of an EA;</li>
<li>Determination of application for emergency interim relief;</li>
<li>If the application for emergency interim relief is accepted, the EA is to be appointed within 01 day; and</li>
<li>Issuance of order/award of interim relief within 14 days.</li>
</ul>
Application for the appointment of an EA
A party seeking emergency interim or conservatory relief under Rule 12.1 may file an application with the Registrar for the appointment of an EA. This mechanism ensures that urgent matters, such as preventing asset dissipation, preserving evidence, or stopping contractual breaches, can be addressed before the formal tribunal is constituted.
The application can be submitted at different stages: before the Notice of Arbitration is filed, simultaneously with the Notice, or after the Notice or Response has been filed but before the tribunal is constituted.
To be considered, the application must include key documents such as the Notice of Arbitration (if already filed), supporting materials, and the identities and contact details of all parties and their representatives. The party seeking an appointment of an EA must certify in the application that all parties received a copy of the application or explain the efforts made to provide it or notify them. Additionally, the application must contain a copy or description of the arbitration agreement and the contract from which the dispute arises, a statement explaining the necessity of emergency relief, and a justification for why immediate action is required. Information regarding the applicable law, arbitration seat, language of proceedings, and any third-party funding arrangements should also be included. If any documents are in a language other than English, English translations must be provided.
The application must be accompanied by the EA Filing Fee and an initial deposit covering the EA’s fees and expenses. If additional deposits are required, the Registrar will notify the applicant, and failure to make the necessary payments within the specified timeframe will result in the withdrawal of the application without prejudice. If the application is submitted before the Notice of Arbitration, the Notice must be filed within seven days of the Registrar’s receipt of the application, or else the application will be considered withdrawn unless an extension is granted.
Determination of application for emergency interim relief
If the President determines that SIAC shall accept the application, an EA must be appointed within 24 hours from either the receipt of the application by the Registrar or the payment of the EA Filing Fee and required deposits, whichever occurs later. The appointed EA is subject to the disclosure obligations outlined in Rule 20, ensuring transparency and impartiality in the proceedings.
A party wishing to challenge the EA’s appointment must file a notice of challenge with the Registrar within 24 hours of receiving the appointment notice or upon discovering justifiable grounds under Rule 26.1. Challenges are not permitted once the tribunal has been constituted. If the other party agrees to the challenge or the arbitrator voluntarily withdraws, the SIAC Court of Arbitration may appoint a replacement without implying acceptance of the challenge’s validity. The process for challenging and replacing an EA follows Rule 27, Rule 28, and Rule 30 of SIAC Rules, though the SIAC Court of Arbitration may choose not to provide reasons for its decision.
If the application for emergency interim relief is accepted, an EA is to be appointed within 01 day
If the parties have agreed on a seat for arbitration, that location will also be the seat for emergency interim relief proceedings. In the absence of such an agreement, Singapore will serve as the default seat. However, this does not restrict the tribunal from later determining a different seat under Rule 36.1 of SIAC Rules.
The EA has the authority to conduct the proceedings as deemed appropriate, considering the urgency of the matter. The EA is vested with all the powers of a tribunal under the SIAC Rules, including the ability to determine its own jurisdiction, subject to the tribunal’s final decision.
Within 24 hours of being appointed, the EA must establish a procedural schedule for considering the application. If a party fails to participate, the proceedings may continue in their absence. Unless both parties agree to a decision based solely on written submissions and supporting documents, the EA must hold a hearing if requested by either party or if deemed necessary. Given the time-sensitive nature of emergency relief, hearings may be conducted in person, in a hybrid format, or through electronic means such as videoconferencing or teleconferencing.
<img decoding="async" loading="lazy" class="aligncenter size-full wp-image-1257" src="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18.jpg" alt="" width="1920" height="1080" srcset="https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18.jpg 1920w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18-300x169.jpg 300w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18-1024x576.jpg 1024w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18-768x432.jpg 768w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18-1536x864.jpg 1536w, https://cms.anhisa.com/wp-content/uploads/2025/04/Thiet-ke-chua-co-ten-18-1568x882.jpg 1568w" sizes="(max-width: 1920px) 100vw, 1920px" />
Issuance of order/award of interim relief within 14 days
Once an EA is appointed, they have the authority to issue preliminary orders even before receiving written submissions or conducting a full review of the application. This ensures that urgent relief can be granted immediately if necessary to prevent irreparable harm. The EA is empowered to order or award any interim relief deemed appropriate to safeguard the interests of the parties involved.
Under the SIAC Rules, the EA must issue an order or award within 14 days from the date of their appointment unless the Registrar extends this period. However, no order or award shall be issued by the EA until it has been approved by the Registrar as to its form in accordance with Rule 53. In particular, the Registrar’s scrutiny of the award only focuses on suggesting modifications to the form of the draft award, without affecting the EA’s liberty to determine the substance of the dispute.
The EA may impose conditions on the order or award, such as requiring the party seeking relief to provide security to mitigate any potential adverse effects. Additionally, before the tribunal is formally constituted, the EA may, either on their own initiative or upon a reasoned request from a party, reconsider, modify, or set aside any prior order or award. The EA also has the power to issue supplementary orders or awards for emergency interim relief claims that were not initially addressed.
The binding nature of an EA’s order or award remains in effect under certain conditions. It ceases to be binding if the parties mutually agree, if the EA or the tribunal determines it should be set aside, or if the arbitration claims are withdrawn or terminated before the final award is issued. Moreover, unless the tribunal is constituted within 90 days from the issuance of the order or award, it automatically ceases to be binding unless an extension is granted by the Registrar. Once the final tribunal is in place, it has full authority to affirm, modify, or vacate the EA’s order/award, including reassessing the EA’s jurisdiction.
An EA is not permitted to serve as an arbitrator in the subsequent tribunal unless all parties agree otherwise. Notably, the parties are bound to comply with the EA’s order or award from the moment it is issued. They also waive any rights to appeal, review, or seek recourse from a court or judicial authority concerning the order or award, to the extent permitted by law. This finality and immediacy reinforce the efficiency and effectiveness of emergency arbitration under the SIAC framework.
Advantages and Challenges of the Emergency Arbitrator Mechanism
Advantages
The EA mechanism offers a valuable tool for parties seeking urgent relief before a full tribunal is constituted. One of its key advantages is speed and efficiency. Unlike traditional arbitration, where setting up a tribunal can take weeks or even months, an Emergency Arbitrator can be appointed within 24 hours, with interim relief often granted within days. This ensures that parties can prevent irreparable harm, such as asset dissipation or contractual breaches, in a timely manner.
Another benefit of the EA mechanism is that it preserves the integrity of the arbitration agreement. By providing a structured process for urgent relief, it prevents parties from resorting to courts, thereby maintaining arbitration as the primary dispute resolution method. Additionally, emergency arbitration offers a higher degree of confidentiality compared to court proceedings. This is particularly important in commercial disputes where sensitive business information or trade secrets may be released, ensuring that such details remain protected.
Disadvantages
Although the EA is considered an innovative mechanism in modern arbitration, the EA mechanism also comes with challenges. A significant limitation is the enforceability of EA orders across different jurisdictions. While many arbitration-friendly countries recognize and enforce such orders, others argue that EA order/award is not the final award, therefore, do not recognize and enforce under the New York Convention 1958. Consequently, parties must take additional legal steps for recognition. This can lead to delays and uncertainty, undermining the very urgency that emergency arbitration is designed to address.
Cost is another important consideration. While emergency arbitration provides a fast and structured approach to urgent disputes, the fees associated with appointing an EA and conducting emergency proceedings can be substantial. For parties with limited financial resources, this cost factor may discourage them from pursuing emergency relief.
Additionally, there is the risk of parallel proceedings. In cases where an EA order is not immediately enforceable in a given jurisdiction, a party may still need to seek court intervention. This can lead to a situation where litigation and arbitration run concurrently, increasing complexity and potential legal costs.
Conclusion
The Emergency Arbitrator mechanism under the SIAC Rules 2025 plays a crucial role in international arbitration, providing a practical solution for urgent interim relief. While it offers significant advantages in terms of speed and procedural efficiency, parties must carefully consider enforceability issues and costs before filing an EA application. As international arbitration continues to evolve, emergency arbitration remains an essential tool for safeguarding parties’ rights and maintaining the integrity of arbitral proceedings.
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ANHISA LLC AND OUR EXPERTISE
ANHISA LLC is a boutique law firm specializing in Dispute Resolution, Shipping and Aviation. Being the leading lawyers in various fields of law, our qualified, experienced, and supportive team of lawyers know how to best proceed with a case against or in relation to Vietnamese parties and are well equipped to provide clients with cost-effective and innovative solutions to their problems.
Regarding dispute resolution, we have represented Vietnamese and foreign clients in the resolution of disputes involving maritime, construction, commercial and civil matters. Our lawyers are well-equipped to offer services on a wide range of disputes and conflicts, whether cross-border or purely domestic, to appear before any Judges or Arbitral Tribunals. The firm is prepared to assist clients in designing the appropriate dispute resolution procedure to help resolve conflicts as efficiently and cost effectively as possible, which may involve combining elements of mediation and other methods such as arbitration.
AUTHORS 
DANG VIET ANH
Managing Partner
Mobile: (+84) 983 467070
Email: anh@anhisa.com
TRUONG CONG HONG
Senior Associate
Mobile: (+84) 909 814090
Email: hong@anhisa.com
NGUYEN THI PHUONG THAO
Associate
Mobile:  (+84) 919 205984
Email: thao@anhisa.com
This article aims to furnish our clients and contacts with general information on the relevant topic for reference purposes only, without creating any duty of care on the part of ANHISA. The information presented herein is not intended to serve, nor should it be considered, as a substitute for legal or other professional advice.

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