Regional Legal Pluralism in Vietnamese Commercial Arbitration: Embracing Diversity, Enhancing Equity
This paper presents the first empirical study of Vietnamese arbitration, revealing significant regional variations that challenge the conventional portrayal of Vietnam as a unitary legal system. Through statistical analysis of original survey data from 146 enterprises, this research documents systematic differences across Vietnam's North, Central, and South regions in dispute resolution preferences, perceptions of institutional efficacy, and attitudes toward judicial intervention. Methodologically, the study combines quantitative survey instruments with follow-up interviews that specifically capture perspectives from previously understudied provincial enterprises, ensuring representation beyond urban centers.
Vietnam's configuration—a single jurisdiction containing regions with distinct colonial, economic, and legal histories—illustrates how formal legal frameworks interact with local norms in ways that directly impact equity and access to justice. This research identifies "intrastate pluralism": multiple legal subcultures coexisting beneath statutory uniformity, creating uneven landscapes for different communities seeking commercial justice.
The findings reveal how marginalized voices and regional perspectives remain underrepresented in Vietnam's legal centralization efforts. Southern enterprises, with stronger international connections, gain disproportionate advantages from internationally aligned arbitration reforms, while Northern businesses, notably smaller domestic firms, face structural barriers in accessing quality dispute resolution. This disparity underscores how seemingly neutral legal transplants can perpetuate existing inequities when implemented without consideration of regional contexts.
This research demonstrates how embracing regional legal diversity, rather than imposing rigid uniformity, can enhance equity in commercial dispute resolution. By recognizing and accommodating Vietnam's internal pluralism, policymakers can develop more inclusive frameworks that ensure justice is accessible to all business communities—regardless of their regional location or historical positioning within Vietnam's complex legal landscape. This case study ultimately contributes to reimagining how Asian legal systems can embrace diversity while enhancing equity in an increasingly interconnected commercial world.