Arbitration
We’ve found 32
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/
Protecting Your Business from Conflict of Interest in Arbitration
- 26 September 2022
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- by Stephen Le
Ensuring impartiality in arbitral proceedings is very important and may be the difference between winning or losing a case. What can you do when a conflict of interest is at play? We share more tips and insights in the PDF below or read the full legal insight here: https://letranlaw.com/insights/replacement-of-an-arbitrator-due-to-conflict-of-interest/
An Essential Guide to Filing a Lawsuit Effectively
- 24 August 2022
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- by Stephen Le
So you find yourself in a scenario where rights have been violated. Turning a blind eye is not an option so filing a lawsuit becomes the natural progression. What is next? We break down the essential steps to filing a lawsuit effectively. Read more here: shorturl.at/efMO3
Vietnam Shareholder Disputes: Shareholder Agreement & Company Charter
- 17 November 2021
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- by Stephen Le
It is common practice for business investors, when setting up a joint venture or establishing a M&A project, to seek to protect their investment via a shareholder agreement and company charter. These documents are often designed with the intention of imposing rules that the shareholders must follow and to allow non-default shareholder(s) to sue for damages (or any other available remedies) if there is a breach. Nevertheless, filing a lawsuit or arbitration claim amid a shareholder...
Electronic Evidence in Commercial Contracts and Dispute Resolution
- 05 October 2021
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- by Stephen Le
Electronic devices are increasingly replacing ‘paper documents’ in commercial transactions in Vietnam. Email, mobile phones, and even messaging apps are increasingly being utilized by enterprises for information exchange, contract execution and implementation. Generally, the trend has been for enterprises to prioritize the use of electronic means over the exchange of ‘paper documents’ as a ‘defensive’ measure in dispute resolution. There are also certain enterprises that completely adopt electronic documentation, abandoning the use of paper records altogether....
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