Arbitration
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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...
Unlocking the Power of Preliminary Injunctive Relief Measures
- 21 March 2024
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- by Stephen Le
In the dynamic world of commerce, disputes can arise unexpectedly, putting business interests at stake. But fear not, understanding the ins and outs of preliminary injunctive relief measures can be your secret weapon in navigating these challenges with confidence. Read more: https://letranlaw.com/insights/enforcement-of-preliminary-injunctive-relief-measures-under-the-provisions-of-the-law-on-commercial-arbitration/
Decision No. 587.2022.QD-PQTT. Request to Annul the Disputed Arbitration Award Late Payment of the Construction Contract
- 16 March 2024
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- by Vania Van
Decision No. 587/2022/QD-PQTT Claimant: V- HCM Investment and Development Company Limited Persons with related interests and obligations: N Consulting Joint Stock Company Regarding: Request to annul the arbitral award in the dispute over late payment of construction contracts Case Summary On 21/12/2016, V-HCM Investment and Development Co., Ltd. (V Company) and N Consulting Joint Stock Company (N Company) jointly signed the Construction Design Contract No. 7/2016/HDKT-N. According to the contract, Company N will design and construct...
Enforcement Of Preliminary Injunctive Relief Measures Under The Provisions Of The Law On Commercial Arbitration
- 14 December 2023
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- by Stephen Le
By the provisions of the Law on Commercial Arbitration (Article 48), parties involved in a legal dispute have the right to request the Arbitral Tribunal or the Court to apply preliminary injunctive relief measures. Requesting the Court to apply Preliminary Injunctive Relief Measures shall not be considered a rejection of the arbitration agreement or a waiver of the right to settle the dispute through arbitration. The preliminary injunctive relief measures stipulated by the Commercial Arbitration Law...
Arbitration’s Jurisdiction Over Non-Disclosure and Non-Compete Agreements
- 24 November 2023
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- by Stephen Le
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,...
