Practice and proposal for online arbitration as a dispute resolution bias in Vietnam
1. Practical application of online arbitration model in Vietnam
Currently, the online arbitration model is not well-developed in Vietnam. The Online Dispute Resolution System (ODR) of the Hanoi International Arbitration Center (HIAC) was the first ODR system in Vietnam. HIAC was established on April 18, 2019; after more than one year of establishment, HIAC has just put into operation the online dispute resolution system at www.hiac.vn.
The system provides solutions for identity authentication, information confidentiality, and direct interaction, allowing the parties to resolve disputes online at a convenient time selected by the parties. The disputes resolved on this system include disputes arising from online transactions and disputes arising in the real environment.
2. Some advantages of applying online arbitration model in Vietnam
First, ICT infrastructure meets the requirements of online arbitration.
ICT infrastructure in Vietnam, such as computers, telecommunications network equipment, telecommunications, and internet services, has been increasingly focused on investment and development. Network providers deploy using IPv6 to serve the needs of 4G LTE services... This contributes significantly to the speedy development of services and applications on the network, especially for online transactions.
Second, online arbitration is highly applicable.
Online arbitration has many internal characteristics such as flexibility, transparency, information control, eliminating national border barriers, strengthening neutrality, and cutting costs when resolving disputes. The traits mentioned above may attract businesses and agencies to adopt OA. Besides, businesses use OA to build trust with customers when ready to make transaction information transparent, care, and resolve questions. Simultaneously, matters such as jurisdiction of the court, applicable law, and actual location of dispute settlement will be resolved in the online space.
Third, the OA offloads the handling of disputes to the court system.
In Vietnam, the court system is always faced with overload and consists of many complicated procedures, so OA appears as an alternative. The impact of OA will be even more viable for cross-border e-commerce transactions.
Fourth, OA contributes to the development of Vietnam's economy.
In terms of the pure economy, the internet creates the potentials for Vietnam to grow rapidly and quickly integrate into the world economy. OA fosters confidence in e-commerce, which will increase e-commerce activities, and growth in the digital economy will expand. The growth of the digital economy will directly impact the development of the economy in general. From that perspective, OA is an important aspect that can help promote Vietnam's economy.
3. Difficulties in applying online arbitration model in Vietnam
First, Vietnamese culture is a barrier to OA.
Vietnamese people are often afraid to participate in disputes and often pay little attention to enterprises' responsibilities, so when there is a problem with product dissatisfaction, Vietnamese people often do not initiate a lawsuit.
Second, Vietnamese enterprises are not ready to use the OA model.
Currently, many businesses feel distrustful of using the OA model. They think that this is a new model, not yet guaranteed in Vietnam, so they do not want to use it. On the other hand, procedural rules are a new point that Vietnamese businesses have never contacted. Besides, the necessary infrastructure, such as the stable power supply and the roads allowing for mail delivery and the stable quality of the mobile internet infrastructure in Vietnam, is uneven.
Third, the knowledge and skills of the arbitration centers on ICT in Vietnam are limited.
Arbitration centers wishing to operate an online arbitration system need to meet technical infrastructure requirements, a team of technicians to support OA activities. Since then, many arbitration centers have not been able to resolve disputes with customers through online arbitration.
4. Some recommendations
First, the arbitration centers need to be a pioneer in the application of OA in their operations. In order to be able to resolve disputes with a significant online arbitration model, the centers need to equip themselves with legal knowledge and technological infrastructure altogether; Building OA system from simple with social support and gradually moving towards automation, building a team of technicians, in addition to the Vietnamese language, it is necessary to invest in popular international languages such as Vietnamese, UK, France, Spain,... to enter the online dispute resolution system. At the same time, the arbitrator should proactively approach and learn about the OA.
Second, the State needs to promulgate laws to implement, guide step by step to solve legal problems raised when applying OA, thereby building trust for the parties. These provisions are not meant to negate the traditional dispute settlement mechanism but a supplement, open up many ways for the parties to choose, suitable to each dispute's characteristics.
Third, internet service providers need to synchronize ICT infrastructure across regions across the country, creating conditions for businesses and consumers to access the internet not only on computers but also on mobile devices. Thus, in Vietnam, in the context of rapidly developing e-commerce, which leads to heightened disputes and complaints, OA can be seen as the future for dispute resolution.
Comments
Essay evaluations by e-grader
Grammar and spelling errors:
Line 21, column 23, Rule ID: WHITESPACE_RULE
Message: Possible typo: you repeated a whitespace
Suggestion:
...ne arbitration. 4. Some recommendations First, the arbitration centers need to b...
^^^
Line 22, column 549, Rule ID: COMMA_PARENTHESIS_WHITESPACE
Message: Put a space after the comma
Suggestion: , .
...es such as Vietnamese, UK, France, Spain,... to enter the online dispute resolutio...
^^
Transition Words or Phrases used:
also, besides, but, first, if, may, second, so, then, third, thus, well, in addition, in general, such as, on the other hand
Attributes: Values AverageValues Percentages(Values/AverageValues)% => Comments
Performance on Part of Speech:
To be verbs : 23.0 13.1623246493 175% => OK
Auxiliary verbs: 13.0 7.85571142285 165% => OK
Conjunction : 24.0 10.4138276553 230% => Less conjunction wanted
Relative clauses : 10.0 7.30460921844 137% => OK
Pronoun: 14.0 24.0651302605 58% => OK
Preposition: 114.0 41.998997996 271% => Less preposition wanted.
Nominalization: 47.0 8.3376753507 564% => Less nominalizations (nouns with a suffix like: tion ment ence ance) wanted.
Performance on vocabulary words:
No of characters: 4724.0 1615.20841683 292% => Less number of characters wanted.
No of words: 813.0 315.596192385 258% => Less content wanted.
Chars per words: 5.81057810578 5.12529762239 113% => OK
Fourth root words length: 5.33977104928 4.20363070211 127% => OK
Word Length SD: 3.39972952181 2.80592935109 121% => OK
Unique words: 378.0 176.041082164 215% => Less unique words wanted.
Unique words percentage: 0.464944649446 0.561755894193 83% => More unique words wanted or less content wanted.
syllable_count: 1479.6 506.74238477 292% => syllable counts are too long.
avg_syllables_per_word: 1.8 1.60771543086 112% => OK
A sentence (or a clause, phrase) starts by:
Pronoun: 4.0 5.43587174349 74% => OK
Article: 17.0 2.52805611222 672% => Less articles wanted as sentence beginning.
Subordination: 2.0 2.10420841683 95% => OK
Conjunction: 6.0 0.809619238477 741% => Less conjunction wanted as sentence beginning.
Preposition: 12.0 4.76152304609 252% => Less preposition wanted as sentence beginnings.
Performance on sentences:
How many sentences: 40.0 16.0721442886 249% => Too many sentences.
Sentence length: 20.0 20.2975951904 99% => OK
Sentence length SD: 71.2554559315 49.4020404114 144% => OK
Chars per sentence: 118.1 106.682146367 111% => OK
Words per sentence: 20.325 20.7667163134 98% => OK
Discourse Markers: 3.1 7.06120827912 44% => More transition words/phrases wanted.
Paragraphs: 23.0 4.38176352705 525% => Less paragraphs wanted.
Language errors: 2.0 5.01903807615 40% => OK
Sentences with positive sentiment : 18.0 8.67935871743 207% => Less positive sentences wanted.
Sentences with negative sentiment : 14.0 3.9879759519 351% => Less negative sentences wanted.
Sentences with neutral sentiment: 8.0 3.4128256513 234% => Less facts, knowledge or examples wanted.
What are sentences with positive/Negative/neutral sentiment?
Coherence and Cohesion:
Essay topic to essay body coherence: 0.346425626884 0.244688304435 142% => OK
Sentence topic coherence: 0.0918785624281 0.084324248473 109% => OK
Sentence topic coherence SD: 0.0827294616673 0.0667982634062 124% => OK
Paragraph topic coherence: 0.123201407322 0.151304729494 81% => OK
Paragraph topic coherence SD: 0.094618160717 0.056905535591 166% => OK
Essay readability:
automated_readability_index: 16.1 13.0946893788 123% => OK
flesch_reading_ease: 34.26 50.2224549098 68% => OK
smog_index: 11.2 7.44779559118 150% => OK
flesch_kincaid_grade: 13.5 11.3001002004 119% => OK
coleman_liau_index: 16.42 12.4159519038 132% => OK
dale_chall_readability_score: 9.0 8.58950901804 105% => OK
difficult_words: 225.0 78.4519038076 287% => Less difficult words wanted.
linsear_write_formula: 13.0 9.78957915832 133% => OK
gunning_fog: 10.0 10.1190380762 99% => OK
text_standard: 17.0 10.7795591182 158% => OK
What are above readability scores?
---------------------
Maximum five paragraphs wanted.
Rates: 56.1797752809 out of 100
Scores by essay e-grader: 5.0 Out of 9
---------------------
Note: the e-grader does NOT examine the meaning of words and ideas. VIP users will receive further evaluations by advanced module of e-grader and human graders.
Grammar and spelling errors:
Line 21, column 23, Rule ID: WHITESPACE_RULE
Message: Possible typo: you repeated a whitespace
Suggestion:
...ne arbitration. 4. Some recommendations First, the arbitration centers need to b...
^^^
Line 22, column 549, Rule ID: COMMA_PARENTHESIS_WHITESPACE
Message: Put a space after the comma
Suggestion: , .
...es such as Vietnamese, UK, France, Spain,... to enter the online dispute resolutio...
^^
Transition Words or Phrases used:
also, besides, but, first, if, may, second, so, then, third, thus, well, in addition, in general, such as, on the other hand
Attributes: Values AverageValues Percentages(Values/AverageValues)% => Comments
Performance on Part of Speech:
To be verbs : 23.0 13.1623246493 175% => OK
Auxiliary verbs: 13.0 7.85571142285 165% => OK
Conjunction : 24.0 10.4138276553 230% => Less conjunction wanted
Relative clauses : 10.0 7.30460921844 137% => OK
Pronoun: 14.0 24.0651302605 58% => OK
Preposition: 114.0 41.998997996 271% => Less preposition wanted.
Nominalization: 47.0 8.3376753507 564% => Less nominalizations (nouns with a suffix like: tion ment ence ance) wanted.
Performance on vocabulary words:
No of characters: 4724.0 1615.20841683 292% => Less number of characters wanted.
No of words: 813.0 315.596192385 258% => Less content wanted.
Chars per words: 5.81057810578 5.12529762239 113% => OK
Fourth root words length: 5.33977104928 4.20363070211 127% => OK
Word Length SD: 3.39972952181 2.80592935109 121% => OK
Unique words: 378.0 176.041082164 215% => Less unique words wanted.
Unique words percentage: 0.464944649446 0.561755894193 83% => More unique words wanted or less content wanted.
syllable_count: 1479.6 506.74238477 292% => syllable counts are too long.
avg_syllables_per_word: 1.8 1.60771543086 112% => OK
A sentence (or a clause, phrase) starts by:
Pronoun: 4.0 5.43587174349 74% => OK
Article: 17.0 2.52805611222 672% => Less articles wanted as sentence beginning.
Subordination: 2.0 2.10420841683 95% => OK
Conjunction: 6.0 0.809619238477 741% => Less conjunction wanted as sentence beginning.
Preposition: 12.0 4.76152304609 252% => Less preposition wanted as sentence beginnings.
Performance on sentences:
How many sentences: 40.0 16.0721442886 249% => Too many sentences.
Sentence length: 20.0 20.2975951904 99% => OK
Sentence length SD: 71.2554559315 49.4020404114 144% => OK
Chars per sentence: 118.1 106.682146367 111% => OK
Words per sentence: 20.325 20.7667163134 98% => OK
Discourse Markers: 3.1 7.06120827912 44% => More transition words/phrases wanted.
Paragraphs: 23.0 4.38176352705 525% => Less paragraphs wanted.
Language errors: 2.0 5.01903807615 40% => OK
Sentences with positive sentiment : 18.0 8.67935871743 207% => Less positive sentences wanted.
Sentences with negative sentiment : 14.0 3.9879759519 351% => Less negative sentences wanted.
Sentences with neutral sentiment: 8.0 3.4128256513 234% => Less facts, knowledge or examples wanted.
What are sentences with positive/Negative/neutral sentiment?
Coherence and Cohesion:
Essay topic to essay body coherence: 0.346425626884 0.244688304435 142% => OK
Sentence topic coherence: 0.0918785624281 0.084324248473 109% => OK
Sentence topic coherence SD: 0.0827294616673 0.0667982634062 124% => OK
Paragraph topic coherence: 0.123201407322 0.151304729494 81% => OK
Paragraph topic coherence SD: 0.094618160717 0.056905535591 166% => OK
Essay readability:
automated_readability_index: 16.1 13.0946893788 123% => OK
flesch_reading_ease: 34.26 50.2224549098 68% => OK
smog_index: 11.2 7.44779559118 150% => OK
flesch_kincaid_grade: 13.5 11.3001002004 119% => OK
coleman_liau_index: 16.42 12.4159519038 132% => OK
dale_chall_readability_score: 9.0 8.58950901804 105% => OK
difficult_words: 225.0 78.4519038076 287% => Less difficult words wanted.
linsear_write_formula: 13.0 9.78957915832 133% => OK
gunning_fog: 10.0 10.1190380762 99% => OK
text_standard: 17.0 10.7795591182 158% => OK
What are above readability scores?
---------------------
Maximum five paragraphs wanted.
Rates: 56.1797752809 out of 100
Scores by essay e-grader: 5.0 Out of 9
---------------------
Note: the e-grader does NOT examine the meaning of words and ideas. VIP users will receive further evaluations by advanced module of e-grader and human graders.