The International Construction Claims and ADR Conference 2023 (ICCADR 2023) was held on September 8 and 9, 2023 entirely on the Zoom platform. This was organized based on inheriting the success of the National Construction Claims and ADR Conference last year in Dubai, with more than 300 online participants and more than 100 face-to-face participants, from many different countries and regions coming together to discuss practices and experiences in construction activities.
ICCADR 2023 was divided into 08 discussion sessions, taking place over 02 days, presented by speakers with experience and expertise in the field.
Our Managing Partner, Mr. Vinh Luu, is honored to be one of the speakers at ICCADR 2023. Within the framework of ICCADR 2023, Mr. Vinh Luu presented the legal framework, dispute resolution, challenges and future prospects of the Dispute Adjudication Board (DAB) under Vietnam jurisdiction.
Accordingly, DAB was not mentioned in the Law on Construction 2003. Instead, it was for the first time mentioned in Circular 02/2005/TT-BXD and applied for construction projects using state capital. However, DAB no longer appeared in subsequent legal documents, specifically Circular 09/2011/TT-BXD detailing Decree 48/2010/ND-CP on construction contract forms, applicable to projects using 30% or more state capital.
After the Law on Construction 2014 was introduced, the Government issued Decree 37/2015/ND-CP detailing construction contracts, and regulations governing DAB. Specifically, Decree 37/2015/ND-CP provisioned the establishment, role, number, conditions, and validity of decision issued by DAB. However, these provisions remain at basic level, and there are no further instructions or guidance.
At this Conference, in addition to his presentation on the history of DAB following the development of Vietnamese construction legislation, Mr. Vinh Luu also shared his practical experiences in successfully resolving a dispute in a large-scale wind power project by DAB mechanism, of which he is a member. This was considered one of the first dispute resolution cases resolved by the DAB mechanism in Vietnam, for a construction project that did not use state budget capital.
ICCADR 2023 closed with a Q&A session. The topics presented at this Conference helped participants better understand regulations related to dispute resolution in the construction area, from a comparative perspective, in different jurisdictions, including Vietnam.
