Commercial Litigation

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The Art of War in Modern Litigation – If Sun Tzu Was a Lawyer

  • 30 March 2023
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  • by Stephen Le

Recently I’ve been thinking: given that litigation can sometimes feel like a battle, what would the ancient Chinese strategist Sun Tzu think of modern litigation? Born as Sun Wu around 544 BC, he is better known for his honorific name, Sun Tzu, which means “master.” Sun Tzu was a Chinese general, military strategist and famed author of The Art of War, which is known as the earliest military treatise and a revolutionary guide to war. Now,...

Corporate Boards Should Gear Up for More Climate Litigation

  • 22 March 2023
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  • by Stephen Le

As climate change effects continue to loom over our world, valid legal claims have been made to accelerate sustainability reforms. Insight Sourcing Group’s Brandon Owens says companies should heed recent climate litigation against multinationals and move the needle on clarity when it comes to ESG strategy and climate impact. We share more tips and insights in the PDF below:

Part 2 – What The SABECO Case Study Tell Us About Initiating Criminal Proceedings Against A Commercial Legal Entity (CLE)

  • 13 December 2022
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  • by Stephen Le

Have you heard about the Saigon Vietnam Beer copycat saga? Case studies like these remind us about the necessity of criminal responsibility for CLEs (we expanded on this in our previous post). In this post, we dive deep into the need to examine the practical applications of this law and why it is so difficult to Initiate Criminal Proceedings against a CLE. Go in-depth here: Analysis of Initiating Criminal Proceedings Against a Suspect That Is a...

Real Estate Dispute in Vietnam: Restoration of Property’s Original Status and Potential Risks

  • 30 December 2021
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  • by Stephen Le

Nowadays, along with the development of the economy, the real estate industry has been developing vibrantly and strongly. This industry brings excellent business opportunities and also lots of potential risks. It is demonstrated by a diverse increase of disputes over property lease contracts. Resolving these disputes becomes more problematic because of transactions’ enormous value and complication, e.g., contractual parties’ leasing and subleasing the property. The signature trait of property is also a burden of dispute resolution....

Vietnam Commercial Law – Legal Regulations Overview

  • 05 December 2021
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  • by Stephen Le

Merchants frequently agree to enter into commercial contracts as the basis for their commercial activities. However, there are numerous merchants who do not fully understand the current Commercial Law resulting in unintentional breaches of the terms of the contract and, ultimately, the payment of avoidable damages. What is Commercial Law? The Commercial Law of 2005 governs all commercial activities taking place in the territory of Vietnam and outside of Vietnam, as well as activities that are...

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...

Late Payment Interest in Commercial Lawsuits

  • 03 April 2020
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  • by Stephen Le

The most concerned issue in commercial lawsuits over late performance of payment obligation for goods, services, return of deposit, advance, etc. is how the Court will determine late payment interest. In practice, the late payment interest is decided based on the first-instance hearing date. Before the First-instance Hearing The interest is pursuant to Article 306, the 2005 Commercial Law, which means the late payment interest rate is the average interest rate applicable to overdue debts in the...

Is the COVID-19 a ‘Force Majeure’ in Commercial Contracts?

  • 24 March 2020
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  • by Stephen Le

The Covid-19 pandemic has caused severe damage to domestic and international commercial business. The authorities’ restrictions on entry and travel, the suspension of social activities and mass gatherings, and the temporary suspension of economic activities in certain areas in order to control the pandemic and protect public health have resulted in commercial business stagnation and decline. Not surprisingly, many companies have raised concerns about the damage caused by the Covid-19 pandemic, especially regarding liability for compensation...

Critical Changes to Vietnam Court Proceedings

  • 27 February 2017
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  • by Stephen Le

With the promulgation of the 2015 Civil Proceedings Code, the 2015 Civil Code and many other important laws, Vietnam has recently gone through many developments in its litigation system.  In this legal insight, we would like to outline some critical developments as follows: Consumer and employee protection Consumer protection Normally, to claim for damages, the plaintiff must prove 04 elements which are (i) there is a violation of the law; (ii) there is damage; (iii) there...