COMMERCIAL CONCILIATION – THE BEST SOLUTION OF RESOLVING DISPUTE
Conciliation is one of the ways of resolving civil and commercial disputes. However, the current conciliation is usually done by the parties of dispute. If dispute is resolved at the Court, the reconciliation will become a procedure in the process of solving the case. In fact, the procedure of conciliation at the Court is often unsuccessful and lead to open the trial. It makes the case to be lengthened, causing material damage and decreasing reputation for both parties, especially a third party will afraid if the story is disclosed.
In current diverse commercial relationships, enterprises want to find out the best solution which truly fast, simple, confidential and save the cost. Therefore, State allows individuals and organizations with legal knowledge and experience to act as “arbitrator” or “ neutral party” help both parties find out the mutual solution, avoid solving at the Court. Actually, this method is regulated in Commercial Law but no specific guidance. In 2017, the Vietnam’s government issued Decree 22/2017/ND-CP allowing individuals and organizations to establish the Center of commercial conciliation. The Decree regulated many conditions for applier to become a conciliator, term to establish and register for the center of commercial conciliation. In addition, the Decree regulated the process, procedure to solve the disputes through commercial conciliation as follows:
a) The parties can self-negotiate the process, procedure of conciliation or choose the conciliation principles of the center.
b) If no negotiation above, conciliator will perform feasible process with the consent of both parties.
c) The conciliation can be conducted by one or more conciliators according to the agreement of parties.
d) The conciliator has right to make a proposal to resolve the dispute at any time during conciliation duration.
e) The parties may negotiate about the time, place of the conciliation. If not, the conciliator will make the decision.