Using ODR to Settle Disputes in International Payments by Letter of Credit
1Dr. Nguyen Minh Thao , 2Pham Thanh Nga, LL.M
1Faculty of Finance and Banking, Thuongmai University, Vietnam
2International Arbitration Center & Department of Justice, Hanoi, Vietnam
https://doi.org/10.47191/jefms/v8-i4-34
ABSTRACT:
In this article, the authors will summarize and analyze issues related to the method of payment by letter credit (L/C), disputes that may arise between the parties during the implementation process and legal regulations on resolving such disputes by Online Alternative Disputes Resolution (ODR). The article also points out the advantages and disadvantages of the method of resolving disputes related to L/C by ODR. From there, the authors make assessments and recommendations so that the parties using L/C can resolve disputes effectively by ODR to maintain and develop business relationships in the future.
KEYWORDS:
Dispute resolution, ODR, International payment, L/C.
REFERENCES:
1) International Chamber of Commerce – ICC, (1993, 2007). The Uniform Custom and Practice for Documentary Credit
2) Vietnam National Assembly (2010), Law of State bank
3) Vietnam National Assembly (2024), Law of credit institutions
4) Vietnam National Assembly (2018), E-trading Law.
5) Vietnam National Assembly (2015), Civil Procedure Code.
6) Vietnam National Assembly (2010), Commercial Arbitration Law.
7) Vietnam National Assembly (2023), Law on Electronic Transactions
8) Vietnam Government (2020), Decree No. 158 on Derivative e-trading and derivative e-trading.
9) Vietnam Government (2017), Decree No. 22 on Commercial Mediation
10) Hanoi Law University (2017), Law on international commercial dispute resolution, Publishing House. Justice, Hanoi.
11) Dinh Thi Mai Phuong (2011), Dispute resolution mechanism and handling of violations in the e-trading, Ministerial-level scientific topic, Ministry of Justice.
12) www.hiac.vn (Hanoi International Arbitration Center)
13) www.viac.vn (Vietnam International Arbitration Center)
14) www.wmo.org (World Mediation Organization)