Kuala Lumpur Forum on International Arbitration 2024

Nov 15, 2024

We’re thrilled to announce that Lê Hoàng Chương (Stephen), our lead litigator, will be speaking at the for Kuala Lumpur Forum on International Arbitration 2024 this Wednesday! Stephen will bring his insights to Session 3, where he’ll dive into one of the most pressing topics today: AI and the Future of Arbitration. From exploring how AI reshapes ethics and integrity to discussing innovative frameworks for integrating AI in commercial disputes, this panel promises to challenge boundaries…

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Asia-Pacific Employment Summit Singapore

Jun 11, 2024

Explore key employment law topics at the Asia-Pacific Employment Summit on 3 & 4 July 2024 in Singapore, organized by International Employment Lawyer (IEL). Among the many in-depth sessions, our Lead Litigator, Stephen Le, will be sharing his insights at the Investigations Masterclass on 4 July from 4:45 – 6:00 PM. This masterclass will focus on the latest trends and best practices for handling workplace investigations, addressing misconduct, discrimination, and harassment. It will be a great…

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Asia-Pacific Regional Summit – 2024 APAC Client Seminar

Apr 10, 2024

To the land of beautiful sakuras – we’re excited to announce that Stephen (include tag) will be representing Le & Tran (include tag) at the upcoming 2024 Employment Law Alliance (ELA) (Include tag) – Asia Pacific Regional Summit, which will be held in Tokyo, Japan from 22 – 24 April 2024. Will you be in Japan then? A key highlight is a client seminar which will bring together experts to share legal insights on “Personal Information…

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Addressing Breaches in Commercial Contracts

Nov 19, 2023

Join our event on “Addressing Breaches in Commercial Contracts” where we delve into the intricate landscape of contract disputes. In this insightful session, we’ll explore the world of contract breaches and typical scenarios leading to them. Discover the legal liabilities faced by the injured party when contracts are violated and explore the range of legal remedies available in such cases. Engage in a lively Q&A session with the Lead Lawyer of Le & Tran, Stephen Le to gain…

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Tax Evasion in Vietnam: Risks, Ramifications, and Remedies

Sep 26, 2023

Join us for an exciting discussion on “Tax Evasion in Vietnam: Risks, Ramifications, and Remedies” to gain valuable insights into the intricate landscape of tax compliance and legal accountability. Our lead lawyer, Stephen Le, will demystify the concept of tax evasion in Vietnam, providing clarity between “administrative” and “criminal” tax evasion. The seminar will also help you to explore who bears responsibility in criminal law when tax evasion occurs. Practical strategies for businesses to minimize risks…

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Q&A on Labor Restructuring and Work Permit

Sep 19, 2023

Join our informative Q&A session focused exclusively on labor restructuring and work permits. Whether you’re an employer navigating workforce changes or an individual seeking to understand work permit requirements, this session is tailored to address all your questions. Our esteemed panelists will offer insights and solutions on various topics such as strategies for optimizing workforce restructuring, legal and ethical considerations during layoffs, and practical alternatives to downsizing. We will also discuss about aspects of work permits…

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Labor Law Discussion (No. 01)

Mar 13, 2023

In order to improve the understanding of Vietnamese labor law as well as the high-class legal culture in the workplace, we will periodically organize a seminar every two to three weeks (no fee) with the topic “Labor Law Discussion” aims to: (i) Exchanging perspectives on labor law; (ii) Sharing experiences in drafting labor contracts, internal labor regulations, collective labor agreements, and democratic regulations in the workplace; and (iii) Providing guidance on handling challenging situations in labor…

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Litigating in Vietnam (Hybrid – English speaking event)

Nov 22, 2022

Need an expert sounding board for your legal challenges at court? You are invited to sit down with Stephen Le, lead litigator at Le & Tran for an insightful coffee break and expect no-holds barred conversations filled with practical advice and creative solutions backed by a decade of experience in the court room. You can discuss with him on any issues or concerns regarding to “Litigating in Vietnam”. Timelines of the court proceedings Formality requirements Evidence…

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Vietnam Labor Contracts – Notable Points for Employers

Nov 22, 2022

A labor contract is a crucial document recording agreement between an employee and employer. The employees most care about clauses regarding job, salary and other benefits. However, from the employers’ view, a labor contract containing mandatory basic clauses is not good enough to address practical issues arising from employment. The seminar will present notable points that employers should take into account when creating and entering into labor contracts with employees. The speakers will also share the…

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Enforcing Foreign Arbitral Awards in Vietnam – Reasons for Refusal

Nov 22, 2022

Did you know? Only 49% of foreign court judgements or arbitral awards were recognized and enforced in Vietnam from 2012 to 2019 (Vietnam Ministry of Justice). This is an alarmingly low figure and a cause of frustration for many commercial parties. Want to understand the underlying issues better? Join us on 31st March as Stephen Le, our Managing Partner and Lead Trial Lawyer, sheds light on the contentions and brings a new measure of clarity through…

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Vietnam Labor Law: Employment Dispute Resolution

Nov 22, 2022

There are always potential conflicts between the employer and the employee in the employment relationship, which may lead to a high possibility of a labor dispute. At first, the conflict may arise from very small personal matters. However, minor issues may culminate in a worker’s strike by a group of employees if the problems are not timely and suitably resolved. In addition, a worker’s strike negatively impacts the production process and the image of the company….

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Using Foreign Employees – Common Legal Risks

Nov 22, 2022

More and more enterprises in Vietnam employ foreigners. However, not all of them have a well knowledge of legal requirements applicable to such employment or are keeping up to date with latest developments of relevant labor law, which leads to signing labor contract without a valid work permit or committing violations to the foreign residence law. In certain circumstances, foreigners may be expelled from Vietnam and the related employers can be fined up to VND150 mil….

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You deserve a break. I hope that by sharing my thoughts on timely and timeless topics, we'll be able to connect in some way over your coffee break. And who knows? Maybe we’ll even get to meet for a proper chat one day.

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Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.

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Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.

The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.

1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.

2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.

3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.

4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.

5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.

Types of Litigation

Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:

1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.

2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.

3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.

The Role of Attorneys in Litigation

Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.

They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.

Conclusion

Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.

Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.

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I am old-school when it comes
to learning. I love traditional books (paper books) because they connect me to the words on the page. I often purchase and make a habit of daily reading, and this is the only way I feel happy after a hard day of work. Books are good friends that brighten my spirit and transport me to my own world.

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QUOTE BY STEPHEN LE

Analytical skills

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