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Commercial Dispute Resolution
The state of Commercial Dispute Resolution in Laos presents an almost overwhelming disincentive against foreign direct investment at any level other than the highest scale, and similarly discourages the growth and diversification of existing domestic businesses. Although a relatively sound framework of laws now supports the resolution of commercial cases – one that, in fact, effectively incorporates the country’s strong tradition in favor of Alternative Dispute Resolution – vast challenges remain.
The desperately needed reforms in the arena of Commercial Dispute Resolution begin with Laos’ system of basic and legal education, where conditions are exceptionally weak. The need for reform further encompasses the courts – in particular, the recently established commercial court “chambers” at the provincial and appellate levels – along with the various executive-branch institutions that have judicial-related functions. Also, the fact that the universe of implementing regulations in Laos is virtually unknown and inaccessible means that courts, executive agencies, and private parties have very limited knowledge of their actual rights and responsibilities.
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