Arbitration
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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...
Arbitration Law & Rules – a Global Perspective (Part 3)
- 05 May 2023
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- by Jeremy Mark Holt
In the Previous article, we discussed what an Arbitration Agreement or Clause is https://letranlaw.com/insights/arbitration-agreement-key-takeaways-part-2/ In this article we consider what the overarching global rules or Law which governs International Arbitration. Three Pillars of Global Arbitration Rules/Law The universally accepted three branches or pillars of international arbitration are: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration (Model Law)...
Should Parties Mediate a Dispute?
- 05 May 2023
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- by Jeremy Mark Holt
Mediation is a phrase which has gained popularity over the last 20 years inside and outside the courtrooms and arbitral tribunals. Often, it is the case that clients ask the question – should I mediate? This question comes from experience dealing with consumers, small business owners, and also multinational corporations involved in cross-border disputes. There is a universal theme to mediation, no matter the size or complexity of the dispute. It is something which everybody has...
Arbitration Jurisdiction
- 14 April 2023
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- by Jeremy Mark Holt
Recently, in Vietnam, Arbitration dispute settlement has developed alongside the reform of the judicial system of Vietnam which help to achieve a sane and fair judicial system. However, misunderstanding of the jurisdiction between Arbitration and the Courts has resulted in many arbitration agreements being inconsistent with Vietnamese law as well as the judicial practices. This misunderstanding raises numerous issues for the parties and can result in wasted resources, time and money in determining which agencies or...
The Nature of International Arbitration (Part 1)
- 14 April 2023
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- by Jeremy Mark Holt
It’s a topic that at some point or another many people consider, and wonder what it is. Will it effect me, or my business operations at some point? You might be an in-house counsel, legal executive in an international firm, or a litigation lawyer. If you are working within the international sphere of either international sale of goods or services, or cross-border litigation, it is critical to understand the overarching parameters of arbitration. Chances are, at...
Arbitration Agreement – Key Takeaways (Part 2)
- 14 April 2023
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- by Jeremy Mark Holt
In the Previous article, we discussed what the nature of arbitration is https://letranlaw.com/insights/the-nature-of-international-arbitration-part-1/ In this article we consider the nature of an arbitration agreement. Critical Element of Consent One of the key aspects of an arbitration agreement is consent from the parties. Without consent to an existing or future dispute the tribunal would have no jurisdiction or power to hear the dispute. It is possible that parties may agree to arbitrate after a dispute has commenced,...
Arbitration vs Court – Which Should You Pick in a Commercial Dispute?
- 14 October 2022
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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. We share more tips and insights in the PDF below or read the full legal insight here: https://letranlaw.com/insights/vietnam-international-arbitration-center-viac/
