Arbitration
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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
Determining the Jurisdiction Between Arbitration and the Court
- 01 December 2021
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- by Stephen Le
Recently, in Vietnam, Arbitration dispute settlement has been developed solidly alongside the reform of the judicial system of Vietnam in the system of the Courts and the Procuracies which help to achieve a sane and fair judicial system. However, misunderstanding on the jurisdiction between Arbitration and the Court has resulted in many arbitration agreements being inconsistent with Vietnamese law as well as the judicial practices. This misunderstanding indirectly raises numerous issues for the parties and wastes...
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....
Enforcement of Foreign Courts’ Judgements and Arbitral Awards in Vietnam
- 29 August 2021
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- by Stephen Le
Vietnam’s Code of Civil Procedure (CCP) provides that before any judgement, decision or foreign arbitral award of a foreign court or arbitration center (foreign court judgements or arbitral awards) to take effect in Vietnam, it is required to be approved by the Vietnamese Court and must be recognized and enforceable under the laws of Vietnam. However, not all foreign court judgements or arbitral awards of said description will be accepted and considered by the Courts in...
Do ‘Unconditional Bonds’ Perform as Intended? What are the Solutions to Prevent the Bond from Being Dishonored
- 16 August 2021
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- by Stephen Le
Unconditional Bonds are critical to commercial transactions and construction projects. They guarantee the interests of a contractual party in the event of a default such as failure to pay or carry out obligatory performance. Nevertheless, there are many disputes over unconditional bonds involving beneficiaries who could not obtain the payment, either due to the bank dishonoring the bond agreement or litigious actions by the debtors. This Insight explores the effectiveness of Unconditional Bonds in Vietnam and...
Arbitration’s Jurisdiction Over Non-Disclosure Agreement
- 26 June 2019
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- by Hannah Huynh
Early in 2018, i.e. 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, the VIAC made a judgment in favor of Company X and compelled the employee to compensate Company X for her violation of the signed...
Replacement of an Arbitrator Due to Conflict of Interest
- 10 July 2018
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- by Stephen Le
In this Insight, we would like to share a real-life situation regarding the impartiality, independence and objectivity of arbitrators in an arbitral tribunal which we encountered during the process of resolving a commercial dispute at an arbitration center in Vietnam. Although this situation may have been unique to this particular arbitration center, we believe the facts have potential applicability to all arbitration disputes. Arbitration Facts In this case, we represented BS Company in a lawsuit against...
Should you choose Arbitration instead of Court for Dispute Resolution?
- 01 April 2018
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- by Stephen Le
Similar to judicial proceedings in a court, arbitration is a form of dispute resolution. The process involves one or more arbitrator(s) acting as independent, impartial adjudicator(s) who issues a final binding judgment to end the dispute. Arbitration, however, has some unique characteristics that are distinct from adjudication in court: Which cases may the parties resolve a dispute by arbitration? A dispute can be subject to arbitration if it arises from commercial activities and there is a...
Strategies for Effectively Filing a Lawsuit – A Guide to Establishing Efficient and Successful Litigation
- 31 January 2018
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- by Stephen Le
Filing a lawsuit is the initial step in the litigation proceedings to protect the violated rights and benefits. Elaborate preparation for the litigation lays a solid foundation for effectively performing litigation strategies throughout the entire litigation proceedings, and helps you to achieve the purpose of the litigation at minimum costs. Therefore, you should carefully consider the following factors: In order to construct a well-drafted statement of claim, you should carefully consider the following factors. Who should...
