Vietnam modernises arbitration framework with new VIAC rules

The VIAC’s new 2026 rules (50-page / 3.7MB PDF), which are designed to modernise the country’s arbitration rules, are the first major update to the regime in nearly a decade.

The changes come as Vietnam records a major boost in foreign direct investment (FDI) into the country, with US$38.4 billion registered in 2025, up half a percentage point year on year.

The 2026 rules, which take effect from 1 July, introduce greater procedural flexibility, reform expedited procedures and modernise case management approaches to bring the regime into closer alignment with current global standards.

The changes come alongside closer collaboration with leading arbitral institutions, including a recent memorandum of understanding between VIAC and the Singapore International Arbitration Centre (SIAC), aimed at strengthening cooperation and promoting the use of arbitration in the region.

Frédéric Gillion, an arbitration expert with Pinsent Masons in Singapore, said the updated rules would put Vietnam’s arbitration regime into the spotlight.

“The 2026 VIAC Rules mark a transition from a relatively traditional, tribunal-led procedural framework toward a modern, institutionally managed arbitration regime, incorporating digitalisation, multi-party tools, enhanced case management, and global best practices on expedited procedure and transparency,” he said.

“By introducing detailed provisions on consolidation, joinder and multi-contract disputes, the 2026 Rules demonstrate that VIAC is now equipped to handle the increasingly complex, multi-party disputes typical of large-scale infrastructure and energy projects.”

The new rules update the 2017 arbitration regime, allowing for a modernised and digital approach to case management, increased transparency around third party funding and more clarity over institutional powers for the VIAC.

Greater procedural flexibility has also been introduced, with enhanced consolidation and joining of legal issues being permitted, and new expedited procedures to allow cases to be resolved quickly.

Economic transformation in Vietnam has seen significant foreign investment in recent years, with disbursed capital reaching US$27.6bn in 2025 – a five-year high and up nine per cent from the previous year.

Manufacturing and processing represented almost 83% of total released FDI into Vietnam, and the largest amount of newly registered investment, with the real estate and energy industries accounting for a further 10 percent of direct investment.

It also comes after the launch of the Vietnam International Financial Centre to handle the increased need for a modern financial infrastructure for the south-east Asian republic – opening the door to increased opportunities in dispute resolution.

Christopher Seaman, a construction disputes expert with Pinsent Masons, said the rule changes would increase transparency for those choosing to seat cases there.

“The introduction of case management mechanisms and an enhanced expedited procedure signals a shift towards a more proactive, efficiency-driven arbitration framework,” he added.

“The express requirements on disclosure of third-party funding and enhanced arbitrator obligations reinforce transparency and align VIAC with evolving international expectations on integrity in arbitration.”