Scenario: two carriers dispute interconnection charges for 2 years — the debtor stalls, the creditor threatens disconnection (and both networks’ users suffer). Inter-carrier disputes: court is slow and exposes trade secrets — mediation and arbitration are usually wiser paths.
Typical inter-carrier telecom disputes
- Interconnection charges, revenue sharing: calculation and reconciliation disputes.
- Infrastructure sharing: pole/duct rents; leasing refusals; shared-infrastructure quality.
- Mobile number portability: process and liability disputes on faulty porting.
- Agreement breaches: violated dealership or interconnection contracts.
Mediation: preserving business relations
Commercial mediation (under Decree 22/2017/ND-CP) helps parties settle with mediator support — fast, confidential, and crucially: preserving cooperation (the carriers must still interconnect post-dispute). Successful settlements bind; parties may seek court recognition for enforcement.
Arbitration: when mediation fails
Commercial arbitration (e.g., VIAC) suits high-value, technically complex telecom disputes: confidentiality (no exposure of trade secrets or network data), flexibility (telecom-savvy arbitrators), final awards. Prerequisite: an arbitration clause in the parties’ contract — otherwise a separate post-dispute arbitration agreement.
The regulator’s role: don’t overlook it
For disputes over interconnection and infrastructure sharing — mandatory legal duties — the telecom regulator can intervene and demand compliance. Administrative complaints to the regulator sometimes beat litigation, especially where one side abuses its position to refuse interconnection.
Frequently asked questions
1. Where are interconnection-charge disputes resolved?
Negotiation and commercial mediation first (Decree 22/2017); then arbitration (with an arbitration clause) or courts; plus complaints to the telecom regulator.
2. What are commercial mediation’s advantages?
Speed, confidentiality, preserved long-term cooperation — vital when parties must keep interconnecting post-dispute.
3. What must contracts include for arbitration?
A clear arbitration clause (institution, tribunal size, governing law, language). Otherwise a separate post-dispute agreement is needed.
4. How does the regulator intervene in telecom disputes?
For interconnection/sharing disputes (legal duties), the regulator can order compliance.
5. What about foreign-element telecom disputes?
Parties may agree on international arbitration; weighing costs, time and enforceability in Vietnam.
This article has been quality-reviewed by the FLAW AI Legal Council.