Arbitrator Đặng Diệu Phương: Great Aspirations with Vietnam's Women Arbitrators Community
Arbitration is a method for resolving disputes that arise in business. Similar to the courts, arbitration is a form of adjudication with the authority to review the arguments, records, documents, and evidence of the disputing parties and issue a ruling on the matter. Some key advantages of arbitration include its final and binding awards, which are immediately enforceable, its speed, and the flexibility of the proceedings. Moreover, arbitration awards have international recognition, meaning they can be enforced in over 150 countries and territories that are signatories to the 1958 New York Convention. With the issuance of the Ordinance on Commercial Arbitration in 2003 and the Law on Commercial Arbitration in 2010, commercial arbitration has made significant strides and has gradually become the preferred choice for businesses, especially foreign investors, in resolving disputes.
On the occasion of Vietnam Women's Day, a reporter from Người Lao động newspaper had a conversation with female Arbitrator Đặng Diệu Phương, Vice President of the Vietnam Traders Arbitration Centre (VTA), to discuss "Great Aspirations with Vietnam's Women Arbitrators Community".
Reporter: Hello, Arbitrator Đặng Diệu Phương. On the occasion of Vietnam Women’s Day, first of all, I would like to wish you good health and energy to continue contributing and showcasing the role and position of Vietnamese women. Could you share your thoughts on the role and position of women in the field of commercial arbitration in Vietnam and globally?
Arbitrator Đặng Diệu Phương: Women are playing an increasingly important role in commercial arbitration. In Vietnam, although the number of female arbitrators is still modest compared to men, we are seeing growth in both quantity and quality, with many female arbitrators now handling large-scale economic disputes. Globally, women have made significant contributions at international arbitration centers such as the ICC, SIAC, and LCIA. However, achieving gender balance requires even more effort, not only from the arbitration centers themselves but also from female arbitrators, lawyers, and legal experts.
Reporter: How would you assess the advantages and challenges that women face when becoming arbitrators?
Arbitrator Đặng Diệu Phương: Women possess natural advantages when serving as arbitrators, such as their ability to listen, understand, and manage conflicts skillfully. These qualities are particularly useful in arbitration, where careful consideration of all factors from the disputing parties is essential to deliver a fair ruling. However, women also face significant challenges. Gender bias still exists in certain fields and environments, which can make it difficult for women to gain the trust of the parties involved in disputes. Additionally,
Arbitrator Đặng Diệu Phương served as Chairperson of the Arbitral Tribunal in a dispute case at the Vietnam Traders Arbitration Centre (VTA).
Reporter: What is the current percentage of female arbitrators in Vietnam and globally, and what changes have you observed in recent years?
Arbitrator Đặng Diệu Phương: In Vietnam, the percentage of female arbitrators remains relatively low, unofficially estimated at 15-20% of the total number of arbitrators. At VTA, the proportion of female arbitrators is around 32%. Globally, the figure is higher, ranging from 20-30% at major international arbitration centers like ICC and SIAC. In 2023, 29.7% of arbitrators confirmed or appointed by the ICC were women, reflecting a steady increase from 28.6% in 2022. These figures show continuous efforts toward gender diversity. Of these appointments, 47% were nominated by the parties, 37% were appointed by the ICC Court, and 16% were co-arbitrator nominations. The trend toward greater gender diversity continues, thanks to initiatives from international organizations promoting gender equality.
Reporter: Could you share a memorable experience from your time as an arbitrator?
Arbitrator Đặng Diệu Phương: One of my most memorable experiences was arbitrating a dispute where the respondent was a company I had worked for 10 years prior. I met my former boss again, but this time in a different capacity. These situations can be emotional, but as an arbitrator, it is essential to remain independent and objective throughout the process. Arbitration requires not only legal expertise and practical experience but also strong ethics, emotional intelligence, and the ability to manage personal feelings.
Reporter: What are VTA's plans for supporting and developing female arbitrators in the future?
Arbitrator Đặng Diệu Phương: VTA is focusing on developing female arbitrators through specialized projects, creating opportunities for them to demonstrate their role and capabilities in dispute resolution. We have ambitious plans to lead a project connecting female arbitrators in Asia, fostering a space where female arbitrators, lawyers, and legal experts can network, develop, and support one another. Globally, female arbitration networks have existed for over three decades. An example is ArbitralWomen, an international NGO founded in Paris in 1993, with the goal of connecting and supporting women working in international dispute resolution. Since 2000, this organization has grown significantly, with nearly 1,000 members from over 40 countries.
Arbitrator Đặng Diệu Phương, Vice President of VTA, at an external relations event in Hainan, China
Reporter: How do Vietnamese women stand out in the field of arbitration compared to women from other countries?
Arbitrator Đặng Diệu Phương: Vietnamese women possess unique qualities when it comes to arbitration. They are resilient and quickly adapt to changes in the legal and business environment. Throughout Vietnam’s history, many women have held leadership roles in families, communities, and businesses. This enables them to handle disputes decisively and pragmatically, always seeking solutions that benefit all parties involved. Vietnamese women are also excellent communicators, skillfully combining gentleness with firmness in negotiations and mediations. However, compared to women in countries with more developed arbitration systems, such as Singapore, France, or the UK, Vietnamese women still face challenges in accessing international disputes and improving their professional skills. Therefore, more training and support are needed to help Vietnamese women gain confidence on the global stage.
Reporter: What advice would you give to women who are currently arbitrators or aspiring to become arbitrators?
Arbitrator Đặng Diệu Phương: Confidence and continuous learning are key. Arbitration is a field that demands patience, the ability to listen, and impartiality. Listen to yourself, keep learning to become an arbitrator, and paint your own picture of the arbitration profession. By doing so, you contribute to promoting arbitration as a dispute resolution method and highlight the role of Vietnamese women in this civilized, progressive, and internationally recognized dispute resolution mechanism.
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Arbitrator Đặng Diệu Phương, has held various roles as Chief Legal Counsel and Legal Director at several domestic and international corporations. She holds a Bachelor of Laws from Ho Chi Minh City University of Law and a Master’s degree in International Business Law from BPP Law School, BPP University, United Kingdom.
In both 2023 and 2024, Ms. Phương was honored in the GC Powerlist Vietnam 2023 and 2024 (which recognizes the top General Counsels in Vietnam) by The Legal 500
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-Sơn Nhung_Người Lao động Newspaper-
VTA’s Model Arbitration Clause: “Mọi tranh chấp phát sinh từ hoặc liên quan đến hợp đồng này sẽ được giải quyết bằng trọng tài tại Trung tâm Trọng tài Thương nhân Việt Nam (VTA) theo Quy tắc tố tụng trọng tài của Trung tâm này”. “Any dispute arising out of or in relation with this contract shall be resolved by arbitration at the Vietnam Traders Arbitration Centre (VTA) in accordance with its Rules of Arbitration”.
The Vietnam Trade Arbitration Center (VTA) is responsible for organizing and coordinating the resolution of business disputes through institutional arbitration, with jurisdiction over disputes including: (i) disputes arising from commercial activities between parties; (ii) disputes involving at least one party engaged in commercial activities; and (iii) disputes as prescribed by law to be resolved by arbitration.