Dispute Resolution / Arbitration

Our team has a proactive approach to dispute resolution based on sound knowledge and experience of local and international litigation and arbitration procedures.

Our team has assisted clients in their litigation strategies and in the management of cross-border disputes, and has solid experience in handling disputes subject to the rules of major arbitration institutions such as the International Chamber of Commerce (ICC) and The United Nations Commission on International Trade Law (UNCITRAL).

  • Our lawyers have notably acted for the Vietnamese government in a major international arbitration proceeding governed by the UNCITRAL Rules; and on behalf of a leading international oil and gas company in a dispute with a top State owned enterprise subject to resolution by arbitration under the ICC Rules.
  • We represented a joint venture between two leading international engineering and construction companies as Contractor in international arbitration proceedings, held under the ICC Rules, against a leading State agency in a construction contract dispute concerning a landmark project in Hanoi.
  • We have also acted for a consortium of international lenders in respect of a US$600 million loan granted to a Vietnamese State owned corporation on the verge of bankruptcy which had defaulted on its repayment obligations. Our role included advising on the validity and enforceability of the dispute resolution clause under the Facility Agreement under Vietnamese law; advising on the recognition and enforcement of foreign court judgments and foreign arbitral awards under Vietnamese law; and advising on bankruptcy proceedings under Vietnamese law.
  • Our team has represented several leather shoe manufacturers in anti-dumping proceedings instituted by the EU.

Our lawyers have also acted for three of the world’s leading commodity traders in applications for the recognition and enforcement of foreign arbitral awards in Vietnam against various State and privately owned Vietnamese entities. The awards were issued by the commodity trade association which governs the global trade of the commodity. The total values of the awards outstanding in favour of our clients is nearly US$30 million. Our team has worked intensively with the commodity trade association and the concerned foreign embassies in Vietnam, including notably the Embassy of the United States of America, the Embassy of Switzerland and the British Embassy to raise awareness with the Vietnamese authorities of the adverse consequences of the failure of the Vietnamese courts to recognize and enforce the outstanding awards and to promote the settlement of the outstanding awards. 

 

In 2014 the Supreme People’s Court issued official guidance (Letter 246/TANDTC-KT dated 25 July 2014) to the chief judges in Vietnam requiring the courts to properly give effect to the provisions of the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards.

They are experts in this area:

Partner based in Hanoi
Partner based in Hanoi
Senior Associate based in Hanoi

Tran Trong Binh

Senior Associate
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