Dispute Resolution
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Can My Whatsapp Messages Be Used as Evidence
- 10 September 2024
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- by Stephen Le
With so much of our lives online, what do we do when things go awry? Do our verbal agreements over messaging platforms like Whatsapp count? Generally speaking, electronic evidence is less conclusive than traditional evidence (mainly paper documents). It is more difficult to prove the integrity of electronic evidence and more challenging to document enough evidence electronically to tell the full story. What do we do then? We share more tips and insights below:
Asset Recovery in Cross-Border Disputes: Navigating International Challenges
- 01 September 2024
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- by Stephen Le
Cross-border disputes involving asset recovery present a complex web of legal, financial, and logistical challenges. Whether assets are tied up in international financial crime or hidden through elaborate offshore schemes, retrieving them often requires navigating multiple jurisdictions and legal systems. Companies and individuals engaged in these disputes face a myriad of hurdles—from differing legal frameworks to the difficulty of tracking assets that have been transferred across borders. In Vietnam and many other regions, the ability to...
3 Strategies to Prevent Disputes in Joint Ventures
- 28 August 2024
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- by Stephen Le
During the early stages of a Joint Venture or Merger & Acquisition agreement, it is all too common to be laser focused on the nitty gritty details and lose peripheral vision on the other things…until it comes back to bite you. Beyond the obvious, we tell you what to look out for in this process.
Judgment No. 677/2022/DS-PT: Dispute Over Compensation For Medical Malpractice
- 22 August 2024
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- by Vania Van
Judgment No: 677/2022/DS-PT Plaintiff: Mrs. Lê Thị B, born in 1985 Defendant: Q Joint Stock Company Regarding: Dispute Over Compensation For Medical Malpractice Case Summary Plaintiff: Mrs. Lê Thị B. On March 8, 2020, Mrs. Lê Thị B visited the specialized dental clinic – V Dental under Q Joint Stock Company (“Dental Clinic”) for dental treatment and cosmetic services. The treatment period was from March 8, 2020, to April 14, 2020, with a total cost...
Case No.: 108/2017/KDTM-ST: Dispute regarding Logistics Service Contract
- 04 June 2024
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- by Stephen Le
Case No.: 108/2017/KDTM-ST: Plaintiff: Distribution and Trading Limited Liability Company T Defendant: Export-Import Limited Liability Company C Regarding: Dispute regarding Logistics service contract Facts of the case: Plaintiff: Distribution and Trading Limited Liability Company T Distribution and Trading Limited Liability Company T (Company T) engaged Export-Import Limited Liability Company C (Company C) to handle the importation of a batch of soybeans valued at 2,700 USD purchased from Company S in Thailand to be sent to...
Case Study – Decision No. 04/2020/QD-PQTT: Annulment of Arbitral Award in Share Purchase Dispute
- 11 April 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 share...
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...
Case Study – Decision No. 1185/2022/QĐ-PQTT: Request for Annulment in Settlement of Construction Contract
- 10 April 2024
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- by Vania Van
Decision No. 1185/2022/QD-PQTT Requesting Party: Limited Liability Company for Construction, Production, and Trade T Party with related Rights and Obligations: Construction Corporation H Joint Stock Company Regarding: Request for the annulment of the arbitral award in the dispute regarding the settlement of the construction contract. Facts of the case: Limited Liability Company for Construction, Production, and Trade T (Company T) acted as the Investor, and Construction Corporation H Joint Stock Company (Company H) acted as the...
