Litigation
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Effective Strategies for Managing Corporate Litigation in Vietnam
- 15 October 2024
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- by Stephen Le
Corporate litigation is an unavoidable challenge for businesses operating in Vietnam. Whether it’s a contractual dispute, a disagreement between shareholders, or a regulatory issue, these conflicts can disrupt business operations and lead to significant financial loss. Vietnam’s evolving legal landscape and increasing international trade complexity mean that companies must be well-prepared to address legal disputes efficiently and strategically. This article provides a comprehensive guide to managing corporate litigation in Vietnam, outlining common types of disputes, proactive...
The Role of Mediation and Arbitration in Vietnam’s Commercial Litigation Landscape
- 11 October 2024
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- by Stephen Le
In the complex world of commercial law, disputes are an inevitable byproduct of business growth and cross-border transactions. While traditional litigation remains a staple of legal recourse, many companies are now seeking alternative paths to resolve conflicts more efficiently and discreetly. Mediation and arbitration, two key methods within alternative dispute resolution (ADR), offer a strategic way for businesses to navigate commercial disputes while maintaining control over outcomes, confidentiality, and preserving valuable relationships. As these mechanisms gain...
Understanding Vietnam’s Pre-Trial Proceedings
- 24 September 2024
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- by Stephen Le
Stay ahead in litigation with expert insights on Vietnam’s pre-trial proceedings from our Lead Litigator, Lê Hoàng Chương (Stephen). Explore how interim applications, motions, and distinctive Vietnamese legal strategies can profoundly impact your case. Gain a deep understanding of critical processes, including provisional measures, cost management, and timeframes.
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:
Initiating a Lawsuit in Vietnam
- 31 July 2024
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- by Stephen Le
Initiating a lawsuit in Vietnam? Understanding the intricate legal framework is half the battle won. From pre-action conduct and statutes of limitation to jurisdictional nuances – tap on the expertise of our Lead Litigator Lê Hoàng Chương (Stephen) through this comprehensive guide and ensure that your legal strategy is solid and compliant.
An Introduction to Vietnam’s Legal System
- 10 July 2024
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- by Stephen Le
Are you new to Vietnam’s legal system? Our Lead Litigator Lê Hoàng Chương (Stephen) shines the light on its intricacies – from Vietnam’s civil law roots to its evolving court structure, the delicate balance between transparency and privacy in court proceedings, and legal representation in Vietnam – learn with us.
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...
Case Study – Decision No. 786/2022/QD-PQTT: Arbitral Award Cancellation in Service Fee Dispute
- 10 April 2024
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- by Vania Van
Decision No.: 786/2022/QD-PQTT Requesting Party: F Real Estate Joint Stock Company Party with Related Rights and Obligations: C Limited Liability Company Regarding: Request for an annulment of an arbitral award in a dispute over service fee payment. Facts of the case On January 11, 2020, C Limited Liability Company (C LLC) and F Real Estate Joint Stock Company (F JSC) signed a Letter of Intent for consulting and valuation services for a land area of 52,095.5...
Case Study – Decision No. 755/QD-PQTT: Annulment of Arbitral Award on Confidentiality & Non-Compete
- 10 April 2024
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- by Vania Van
Decision No: 755/2018/QD-PQTT Requesting party: Ms. Do Thi Mai T. Party with related rights and obligations: X LLC Regarding: Request for annulment of arbitral award in dispute violating confidentiality and non-compete agreement Facts of the Case X LLC and Ms. Do Thi Mai T. entered into a fixed-term employment contract for 12 months, from October 10, 2015, to October 31, 2016. The position on offer was Head of the Recruitment Department. On October 21, 2015, X...
Case Study – Decision No. 06/2018/QĐ-PQTT: Request for Annulment of Arbitral Award After Termination of Construction Contract
- 10 April 2024
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- by Vania Van
Decision No: 06/2018/QĐ- PQTT Requesting Party: Limited Liability Company VL Electric Building Related Party: Joint Stock Company Creative and NMT Regarding: Request for annulment of arbitral award in dispute arising after termination of construction contract Facts of the case: On June 16, 2009, VL Electric Building Limited Liability Company and Creative and NMT Joint Stock Company entered into a construction contract, Contract XL 3.2/2009/VLBC, to construct a hotel and office building for lease in Vientiane, Laos....
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...
