Practice and proposal for online arbitration as a dispute resolution bias in Vietnam

III. 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.