YKVN is widely regarded as “a prominent player in Vietnam, and is considered to be a top choice for dispute resolution work.” We regularly represent clients in cross border commercial dispute resolution, whether the venue is Vietnamese court/arbitration or international arbitration. We handle a diverse range of complex matters, from international trade disputes to oil & gas and construction cases. Lawyers in our dispute resolution practice are well-known and respected litigators in Vietnam, who also often serve as arbitrators in international and domestic arbitrations and sometimes as expert witnesses in foreign arbitrations. Our core competence arises from the ability to offer international quality services with deep expertise in Vietnamese law.
The Firm’s approach to staffing emphasizes the strong integration of its resources so that the best available lawyers in the Firm are deployed on client matters without regard to the matter’s connection with any one office.
Domestic/International Litigation and Arbitration Practice
The Firm’s practice focuses on litigation and arbitration of foreign investment and international commercial disputes. Our litigators are involved in commercial litigation throughout the country and internationally. We are experienced on construction, oil & gas, international trade, shipping and other commercial disputes. Representative litigation and arbitration cases include:
- Advised Vietnam Machinery Installation Corporation (LILAMA) in a claim against the largest state-owned bank in Russia (VTB Bank) regarding enforcement of VTB Bank’s multi-million dollar first demand guarantee;
- Represented a former Minister of Vietnam in a criminal economic case;
- Advised and represented a number of state-owned corporations including the Vietnam National Oil and Gas Group and PetroVietnam Exploration Production Corporation in a number of investment transactions and in the negotiation and settlement of a number of domestic and international disputes;
- Together with a Nigerian firm, acted for the Vietcombank Hai Phong Branch in a Admiralty in Rem case before Lagos High Court of Nigeria;
- Represented a leading Danish construction company in the negotiation and settlement of a dispute with a Vietnamese subcontractor with the Project Management of the People’s Committee of a large centrally-run city in Vietnam;
- Advised a foreign investment company in the negotiation and settlement of more than US $40 million following VIAC arbitration procedures in a dispute over a FIDIC construction contract in relation to a complex of super luxury hotels and apartments;
- Represented Ben Kien Shipbuilding Industry Company in the successful negotiation and settlement of disputes with the Dutch purchaser of the vessel and the sub-contractor over a shipbuilding contract of over €13 million following London arbitration procedures;
- Represented Bachy Soletanche Vietnam before the Supreme People’s Court of Vietnam in a dispute over a FIDIC contract;
- Co-represented/advised Vietnamese state-owned and private corporations in the settlement of multi-million-dollar commercial, construction, and maritime disputes following SIAC, UNCITRAL, GAFTA 125, VIAC arbitration procedures or foreign court procedures;
- Advised a foreign insurance company in settling an insurance dispute over an oil refinery construction contract;
- Advised and/or represented Standard Chartered Bank, the Joint Stock Commercial Bank for Foreign Trade of Vietnam and HSBC in the settlement of credit and financial disputes.
- Advised a foreign-invested company in a US$300 million infra-structure BOT project on a dispute with a municipal government whereby the initially approved invested capital cap was accepted to be increased by more than US$60 million;
- Advised a foreign-invested company to terminate the Construction Contract with Korean contractor involving luxury apartments project in Da Nang;
- Represented Hill International in settling dispute with Vietnamese developer involving project management agreement of Happy Land Project in Long An;
- Advised local developer in the settling disputes with main and subcontractors in construction contracts involving luxury apartments project in Ho Chi Minh City;
- Represented Korean financing company in settling dispute with Vietnamese state-owned in a guarantee agreement of over US$13 million at Ho Chi Minh City’s Court;
- Representeda private equity firm in settling dispute with electronics distributor in convertible loan agreement of over US$6.3 million;
- Advised a foreign-invested company in settling dispute with its shareholder involving loan agreement of over US$2 million in VIAC;
- Advised the foreign owner/operator of a 5-star hotel in Ho Chi Minh City, being charged of tax evasion and involved in a complex dispute with the local BCC partner and tax authority, and helping the investigation be dropped and the BCC transformed into a joint-venture;
- Advised an Australian and New Zealand College on the settlement of the dispute with its partner in a JVC involving the investment process, establishment of an international school in Vietnam worth tens of millions of USD;
- Represented a Vietnam’s largest trading corporation, in a trade dispute worth several million USD;
- Represented a major shareholder of a company operating a large cable-car project worth tens of millions of USD, in winning the lawsuit over a shareholders’ dispute;
- Represented a major foreign fund in Vietnam in an arbitration case at VIAC involving a claw-back valued at tens of millions of USD from a share-subscription agreement with a local joint-stock company;
- Represented a real estate company in a debt recovery case at the Court of District 1, Ho Chi Minh City against a foreign invested company worth US $15 million; and
- Advised an international holdings and investment real estate investor (buyer) on the settlement of the dispute with an international investor (seller) involving a project assignment agreement worth US $22 million.
Singapore Arbitration of Vietnam Disputes: A Growing Area of Practice
As one of Vietnam’s top law firms, we have been involved in a growing number of international arbitrations and has seen dispute resolution clauses providing for Singapore International Arbitration Centre (“SIAC”) or other types of Singapore-based international arbitrations become the norm in cross-border agreements involving Vietnamese parties or having other significant contacts with Vietnam. Based on our experience in recent cases, we believe that we can best serve the interests of Vietnamese and international clients in these arbitrations by teaming up with an international or a regional firm. Our role would be to provide substantive Vietnamese law support and advice and, where the client requires, liaise with international or regional counsel to coordinate the conduct of the arbitration.
With an office in Singapore and offices in Hanoi and Ho Chi Minh City, we are able to bring unparalleled resources to bear on the handling these international arbitrations. Critical among those resources are partners Truong Trong Nghia and Luu Tien Dzung. The co-leaders of our litigation practice are widely recognized as two of the most successful and respected litigators in Vietnam.
Our representative representations include:
- Acted for Petrovietnam Exploration and Production Corporation (PVEP) in a multi-million dollar SIAC arbitration involving a defaulting a foreign oil exploration contractor (co-counsel: Herbert Smith);
- Advised PVEP on a potential arbitration claim under an Iranian oil exploration contract (co-counsels: DLA Piper and Jones Day);
- Advised PVEP in the negotiation and settlement of a claim of more than US$100 million arising from an offshore drilling platform installation contract (co-counsel: DLA Piper);
- Acted for a subsidiary shipyard of Vinashin in a SIAC arbitration against a Japanese maritime equipment supplier (co-counsel: K&L Gates);
- Acted for another subsidiary shipyard of Vinashin in a London arbitration over a shipbuilding contract dispute against a Dutch company (co-counsel: K&L Gates);
- Acted as legal expert witness on Vietnamese law issues in a SIAC arbitration involving Vietnamese joint venture agreement dispute (lead counsel: Rajah & Tann); and
- Acted for Vietnam National Livestock Corporation in a GAFTA arbitration in Singapore against an agriculture products trader (co-counsel: K&L Gates).