Dispute Resolution
“INDOCHINA LEGAL has been earning instructions for arbitration before VIAC and SIAC, and also advises on potential litigation, in relation to contractor or shareholder disputes.” (Chambers & Partners)
In cooperation with Nguyen Quoc Tuan’s local law firm, the dispute resolution team has the expertise in preventing and solving disputes, and guarantees the necessary assistance in civil, commercial, and criminal litigation:
– before the Vietnamese courts, such as the People’s Courts of Hanoi, Ho Chi Minh City, Ba Ria-Vung Tau, Dong Nai and Binh Duong, as well as national (Vietnam International Arbitration Centre (VIAC))
– and international arbitration (Singapore International Arbitration Centre (SIAC), International Chamber of Commerce (ICC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), Japan Commercial Arbitration Association (JCAA), and French Reinsurance and Insurance Arbitration Centre (Centre Français d’Arbitrage de Réassurance et d’Assurance, CEFAREA) among other arbitral bodies.
The dispute resolution team handles disputes in a broad range of contexts, from unpaid bills or unfulfilled contract terms, family law issues, wills and estate planning, labor and tenancy disputes, infringement of intellectual property rights, shareholder disputes, construction-related claims, debt collection, defective products, etc.
- Advise claimants on whether they have a valid claim, and defendants on whether to settle or proceed with litigation as to claim made against them.
- Gather evidence and witnesses to support client’s position; develop case strategies.
- General assistance, from drafting of the relevant petitions and other documentations to hearing representation to attendance at trials, arbitrations and mediations with clients, at court proceedings (whether at the first instance, appellate or Supreme People’s Court level) or proceed with the alternate dispute resolution process if correspondence with the other party does not produce a satisfactory result.
- General assistance at enforcement proceedings, including advice on feasibility of enforcement of foreign arbitral awards or foreign judgments in Vietnam and exequatur proceedings.
- Appointed as the Vietnam Country Legal Panel of one of the world’s largest multinational banks.
- Advisory services in the arbitral proceedings of a French/Japanese construction consortium’s claim against a Vietnamese State-owned enterprise (VIAC and JCCA).
- Acted as counsel for an animal feed manufacturing company in a dispute against another major French animal feed manufacturing company involving the terms of the parties’ cooperation contract (VIAC).
- Representation in an arbitral proceeding involving an M&A dispute for the sale of a shipyard in Vietnam (SIAC).
- Representing a multinational architectural and engineering firm in several construction-related disputes against an investment fund/ real estate developer relating to property development projects in Siam Reap and Phnom Penh, Cambodia (SIAC and ICC).
- Representation in all stages of the arbitral proceedings involving a shareholder dispute (KLRCA).
- Representing an international consortium of contractors, retained to install an offshore pipeline off the coast of Vietnam, in the initial stages of the arbitral proceedings before the Vietnam International Arbitration Center and the negotiation of an amicable settlement of a multimillion dollar claim.
- Representing a joint venture insurance company registered in Vietnam in an arbitral dispute involving the shareholding therein of a European insurance group under CEFAREA arbitration rules, which are specialized rules recognized in the insurance industry (CEFAREA, France).
