COMPARATIVE STUDY OF ALTERNATIVE DISPUTE RESOLUTION IN INDONESIA AND VIETNAM

Abstrak

Alternative Dispute Resolution (ADR) is a legal mechanism that facilitates case resolution outside the courtroom, offering a more informal and efficient alternative to litigation. With its simplicity, affordability, and speed, ADR is often regarded as a superior method for resolving disputes. This paper explores the application of ADR in Indonesia and Vietnam, highlighting their respective legal frameworks. Indonesia has established ADR within its formal legal system earlier than Vietnam, providing a structured foundation for its use. Meanwhile, Vietnam is showing promising developments in ADR, with expectations of significant advancements, such as updates to its Law on Commercial Arbitration. These changes could position Vietnam as a key player in arbitration within the region. As Vietnam continues to refine its ADR practices, it is likely to become an increasingly attractive destination for businesses in need of reliable and globally recognized dispute resolution solutions. By comparing the progress of ADR in both countries, this study underscores Indonesia's established framework and Vietnam's potential as an emerging hub for arbitration. These findings contribute to understanding how ADR evolves in Southeast Asia, reflecting its importance in fostering effective and accessible dispute resolution