By Mr. Nguyen Manh Dzung, MCIArb, Managing Partner of Dzungsrt & Associates LLC and Ms. Dang Vu Minh Ha, Associate at Dzungsrt & Associates LLC
On 24 February 2017, the Government of Vietnam promulgated Decree No.22/2017/ND-CP on Commercial Mediation (the “Decree”). It is the first legislation specifically governing commercial mediation in Vietnam. The Decree is inspired by the UNCITRAL Model Law on International Commercial Conciliation (the “UNCITRAL Model Law”), but includes several local modifications. From the drafting process, the Decree has attracted the attention and comments of experts and practitioners not only from Vietnam but also from the international community.
Continue reading Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward for The International Trend?
By Shigeki Obi, Assistant Legal Counsel at the Permanent Court of Arbitration, The Hague
A deposition is a “witness’s sworn out-of-court testimony” (Legal Information Institute “Wex, Deposition”, https://www.law.cornell.edu/wex/deposition). In U.S.-based litigation, a deposition is available as part of the discovery procedure. In the United States, a deposition is also available in arbitration. Arbitral tribunals seated in the United States may order a deposition of a witness if s/he is under the control of a party (C. SALOMON and S. FRIEDRICH “Obtaining and Submitting Evidence in International Arbitration in the United States”, The American Review of International Arbitration (2013), The American Review of International Arbitration, p. 574).
However, like most civil law countries, Japan does not have pre-trial discovery procedures which allow for depositions to be conducted. This presents an obstacle when conducting depositions in Japan for U.S.-based matters, whether in connection with litigation or arbitration proceedings.
Continue reading Deposition in Japan for U.S.-based International Arbitration