Amicable Settlements of Investor-State Disputes in Vietnam’s Investment Treaties and Practice

Abstract

Amicable settlements have proved to be promising developments in Vietnam’s investment treaties and its disputes practice. The State systematically gives its consent to Investor-State amicable settlements and includes them in its investment treaties. Such methods are even facilitated by Vietnam’s reforms in domestic regulations. Even though obstacles remain, amicable settlements may be a credible and viable means of investment disputes settlement as far as this State is concerned. The inclusion of Investor-State amicable settlements in Vietnam’s future investment treaties is potentially accepted in that these methods have been increasingly advocated as the preference of this State and its partners. Among amicable settlements, mediation should be carefully designed in a manner in which the future trajectory of mediation provisions adheres to Vietnam’s prime principles.

Keywords: amicable settlements, mediation, investor, States, Vietnam, investment, treaties, practice