Commercial Arbitration
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Decision No. 04/2020/QD-PQTT regarding: Request for Annulment of Arbitral Award in the Dispute over the Share Purchase Agreement
- 04 June 2024
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- by Vania Van
Decision No. 04/2020/QD-PQTT Requesting Party: Company B Related Party: Company NC Regarding: Request for annulment of Arbitral Award in the dispute over the share purchase agreement Facts of the case: On July 15, 2017, Company B and Company NC entered into a framework agreement for the purchase of shares in a private placement of Company NC’s shares. Company B agreed to purchase 49,875,000 shares of Company NC with a face value of 10,000 VND per...
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. 08.2022.QD-PQTT. A Request for Annulment of the Arbitral Award in a Dispute Concerning the Termination of a Commercial Contract Due to a Breach of the Payment
- 10 April 2024
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- by Vania Van
Decision No. 08/2022/QD-PQTT Claimant: H.I LTD. Stakeholders: B.H Joint Stock Company Regarding: A request to annul the Arbitral Award in a dispute concerning the termination of a commercial contract due to a breach of the payment agreement. Case Summary On 13/5/2020, B.H Joint Stock Company and H.I LTD Company signed a commercial contract with the Pro20/119/VN symbol. On 14/5/2020, B.H Joint Stock Company transferred 10% of the contract value totaling 8,369.98 USD to H.I LTD. On...
Decision No. 08.2019.QD-PQTT. Request to Annul Arbitral Award Due to Violation of Arbitration Guidelines
- 10 April 2024
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- by Vania Van
Decision No. 08.2019/2019/QD-PQTT Plaintiff: Company K – Korea Related party: A Company Limited Regarding: Request to annul the arbitral award due to violation of arbitration principles Case Summary On 21/09/2007, A Company., and K Company signed a contract agreement on the construction of hotels, serviced apartments, offices, and commercial centers. The total contract value is $72 million. The project implementation term is 36 months from the date of signing the contract. The contract also stipulates that...
Decision No. 04.2023.QD-PQTT. Request for Annulment of Arbitral Award in Logistics Lease Dispute
- 10 April 2024
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- by Vania Van
Decision No. 04/2023/QD-PQTT Claimant: Company A Stakeholder: Company D Regarding: Request for annulment of arbitral award in logistics lease dispute Case Summary On 24/4/2019, Company D and Company A entered a lease agreement for premises No. PVMS.0119005, amended for the first time on 22/5/2019, the second amendment on 26/6/2019 (Contract 05), and the Contract for logistics services for yard construction No. PVMS.011900, amended for the first time on 22/5/2019, the second amendment dated 1/7/2019, the third...
Decision No. 02.2023.QD-PQTT. Request to Annul Arbitral Award Due to Violation of Arbitration Agreement Guidelines
- 10 April 2024
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- by Vania Van
Decision No. 02/2023/QD-PQTT Claimant: Entertainment Investment Services Company Limited D. Related party: Joint Stock Company V. Regarding: Request to annul the arbitral award due to violation of the arbitration agreement principle Case Summary On 28/04/2017, D Entertainment Investment Services Co., Ltd. (Company D) and V Joint Stock Company signed Contract No. 01/2017 – BCC cooperates in trading electronic games with prizes for foreigners, trading electronic games with prizes at Hotel I; Address: No. 159 T, V...
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...
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...
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