Arbitration
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How International Arbitration Works: A Comprehensive Guide
- 06 December 2024
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- by Stephen Le
International arbitration has become a cornerstone for resolving cross-border commercial disputes. By providing neutrality, flexibility, and enforceability, it addresses many concerns associated with litigation in foreign jurisdictions. Vietnam’s integration into global markets has further highlighted the significance of international arbitration, particularly for businesses in industries like construction, energy, and finance. This article offers a comprehensive overview of how international arbitration works, enhanced with actionable insights to help businesses navigate arbitration effectively. What is International Arbitration? International...
How Generative AI Is Shaping the Future of Arbitration
- 20 November 2024
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- by Stephen Le
Curious about how generative AI is transforming arbitration? From streamlining document reviews to predicting outcomes, our Lead Litigator Lê Hoàng Chương (Stephen) explores the opportunities and challenges AI brings to dispute resolution. Discover how Vietnam is beginning to embrace this technology and what it means for the future of arbitration.
The Role of Mediation and Arbitration in Vietnam’s Commercial Litigation Landscape
- 11 October 2024
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- by Stephen Le
In the complex world of commercial law, disputes are an inevitable byproduct of business growth and cross-border transactions. While traditional litigation remains a staple of legal recourse, many companies are now seeking alternative paths to resolve conflicts more efficiently and discreetly. Mediation and arbitration, two key methods within alternative dispute resolution (ADR), offer a strategic way for businesses to navigate commercial disputes while maintaining control over outcomes, confidentiality, and preserving valuable relationships. As these mechanisms gain...
Arbitration vs Court: Which Should You Pick in a Commercial Dispute?
- 08 October 2024
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- by Stephen Le
Are you familiar with arbitration clauses? We break down the advantages and disadvantages of arbitration proceedings and tell you why it is a go-to for global corporations in the resolution of commercial disputes.
Decision No. 16.2019.QDKDTM-ST. Requirements for Recognition and Enforcement in Vietnam of Foreign Arbitral Awards
- 10 April 2024
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- by Vania Van
Decision No. 16.2019/QDKDTM-ST Claimant: U Company, Philippines. Stakeholders: D Steel Joint Stock Company Regarding: Requirements for recognition and enforcement in Vietnam of Foreign Arbitrators Case Summary On 12/06/2017, U Company in the Philippines and D Steel Joint Stock Company based in Vietnam signed a purchase and sale contract for 6000 tons of high-grade billet steel with a contract value of 2.43 million USD. During the performance of the contract, D Steel Company did not deliver goods...
Decision No. 786/2022/QD-PQTT. Request for Cancellation of Arbitral Award in Dispute over Service Fee Payment
- 10 April 2024
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- by Vania Van
Decision No.: 786/2022/QD-PQTT Requesting Party: F Real Estate Joint Stock Company Party with Related Rights and Obligations: C Limited Liability Company Regarding: Request for an annulment of an arbitral award in a dispute over service fee payment. Facts of the case On January 11, 2020, C Limited Liability Company (C LLC) and F Real Estate Joint Stock Company (F JSC) signed a Letter of Intent for consulting and valuation services for a land area of 52,095.5...
Decision No. 755/QD-PQTT: Request for Annulment of Arbitral Award in Dispute Violating Confidentiality and Non-Compete Agreement
- 10 April 2024
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- by Vania Van
Decision No: 755/2018/QD-PQTT Requesting party: Ms. Do Thi Mai T. Party with related rights and obligations: X LLC Regarding: Request for annulment of arbitral award in dispute violating confidentiality and non-compete agreement Facts of the Case X LLC and Ms. Do Thi Mai T. entered into a fixed-term employment contract for 12 months, from October 10, 2015, to October 31, 2016. The position on offer was Head of the Recruitment Department. On October 21, 2015, X...
Decision No. 06/2018/QĐ- PQTT Requesting Annulment of Arbitral Award in Dispute Arising After Termination of Construction Contract
- 10 April 2024
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- by Vania Van
Decision No: 06/2018/QĐ- PQTT Requesting Party: Limited Liability Company VL Electric Building Related Party: Joint Stock Company Creative and NMT Regarding: Request for annulment of arbitral award in dispute arising after termination of construction contract Facts of the case: On June 16, 2009, VL Electric Building Limited Liability Company and Creative and NMT Joint Stock Company entered into a construction contract, Contract XL 3.2/2009/VLBC, to construct a hotel and office building for lease in Vientiane, Laos....
Decision No. 12.2023. QD-PQTT. Request for Annulment of Arbitral Award Due to Tampering With Evidence
- 03 April 2024
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- by Vania Van
Decision No. 12/2023/QD-PQTT Claimant: AO Water Joint Stock Company and Mr. Do Tat T Stakeholder: WP PTE Regarding: Request to annul arbitral award due to tampered evidence Case Summary On August 9, 2019, WP PTE and Mr. T entered into a share purchase and sale agreement in which Mr. T transferred back to WP PTE 33,986,774 shares, equivalent to 34% of the total issued and voting shares of Surface Water Joint Stock Company. The purchase and...
Decision No. 1024.QD-PQTT. Request for Annulment of Arbitral Award in a Dispute Over Transfer of Contributed Capital
- 21 March 2024
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- by Vania Van
Decision No. 1024/2022/QD-PQTT Claimant: Mrs. N, Mr. D Persons with related rights and obligations: Mr. N Regarding: Request to annul arbitral award in contributed capital transfer dispute Case Summary Ms. N and Mr. N jointly signed the Capital Contribution Transfer Contract No. 01/2020/HDCNVG. According to the contract, Mr. N will transfer the 50% charter capital that Mr. N owns in T Co., Ltd. to Ms. N at a transfer price of VND 25,000,000,000. Ms. N is...
Arbitration’s Jurisdiction Over Non-Disclosure and Non-Compete Agreements
- 24 November 2023
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- by Benjamin Truong
On February 19th, 2018, the Vietnam International Arbitration Center (VIAC) issued Arbitral Award No.75/17 HCM (Arbitral Award 75) concerning a dispute over a Non-Disclosure and Non-Compete Agreement (NDA) between Company X (plaintiff – employer) and Ms. Do Thi Mai T (defendant – employee). According to Arbitral Award 75, VIAC made a judgment in favor of Company X and compelled the employee to compensate Company X for her violation of the signed NDA. The employee did not agree...
International Arbitration – All You Need to Know –
- 12 May 2023
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- by Stephen Le
Are you an in-house counsel, legal executive in a top-tier law firm, or perhaps even a seasoned litigation lawyer? If you’re involved in the global trade of goods and services or cross-border legal disputes, then arbitration must be a crucial part of your toolkit. Understanding the entire process can be the difference between winning, losing or avoiding a lengthy dispute entirely. If you’ve just received a Notice of Arbitration, you don’t have time to waste… We share more tips and insights in the...
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