Specialized Court Law at the International Financial Center demonstrates ambitious legal thinking

Delegation of National Assembly deputies of Hanoi city discussed in groups. Photo: media.quochoi.vn

Affirming that the draft Law on Specialized Courts at the International Financial Center is a legal document that demonstrates a very new and ambitious legal mindset, delegate Do Duc Hong Ha (Hanoi Delegation) mentioned the human resources of judges (Article 9).

The delegate said that this is the most daring breakthrough, the draft law has overcome the traditional thinking about civil servants to approach the international arbitration model and commercial courts in major financial centers in the world . Therefore, the draft has allowed the appointment of foreigners as judges, including foreign judges, prestigious international expert lawyers, and at the same time expanded the source of domestic appointments from lawyers, lecturers, experts..., not just limited to the current court system.

This regulation will create absolute confidence for international investors because investors are often afraid of domestic protectionism, the presence of foreign judges is a guarantee for the objectivity, transparency and international class of the judgment.

Delegate Do Duc Hong Ha speaks. Photo: media.quochoi.vn

Regarding the application of procedural language in the draft law, there are also concerns about legal sovereignty , because the nature of an international financial center is a special experimental mechanism. Therefore, the draft law allows the application of foreign law and international commercial practices even when Vietnam is not a member if the parties have an agreement; in particular, if there is no agreement, the law of the country with the closest connection will be applied, instead of rigidly applying Vietnamese law by default.

The accepted language in court is English, this provision contributes to the implementation of the right to respect and the right to self-determination. Because in international trade, the right to choose the law is supreme, forcing the application of Vietnamese law or the Vietnamese language will increase the cost of transactions, translation, interpretation of the law and increase legal risks for investors, causing them to turn their backs on the financial center. This provision shows that Vietnam really "plays" by the world's "playing" rules, accepting international standards and practices to resolve disputes.

Regarding the granting of the right to directly execute judgments to judges - this is a revolutionary judicial administrative reform, solving the biggest bottleneck today, which is the situation of winning a lawsuit but not collecting money due to the lengthy civil judgment execution process. The content of the draft law mentions the issue of judges of specialized courts having the right to issue decisions on judgment execution and organize quick execution, the time limit for making decisions is very fast, only three working days from the date of receiving the request, the judge has the right to immediately apply coercive measures...

Delegate Nguyen Huu Chinh speaks. Photo: media.quochoi.vn

The draft law also stipulates that foreign judges must meet the following conditions and standards: Having prestige, good moral qualities, and appropriate professional knowledge; Having at least 10 years of experience in adjudicating and resolving cases related to investment and business activities; Having English proficiency to resolve cases at specialized courts; Not over 75 years old, and having health to ensure the completion of assigned tasks.

Regarding this content, delegate Nguyen Huu Chinh (Hanoi Delegation) said that in reality, it is very difficult for a judge to meet all four of these conditions and perhaps this regulation is not really suitable in practice. With this concern, the delegate proposed that the regulation should be more flexible, possibly amended in the direction that a foreign judge must fully meet "one of the conditions" mentioned above.

Source: https://hanoimoi.vn/luat-toa-an-chuyen-biet-tai-trung-tam-tai-chinh-quoc-te-the-hien-tu-duy-phap-ly-day-khat-vong-725661.html