News

  • Transshipment risks for steel makers 16/11/2018 15:00

    The escalating trade dispute between the US and China is causing headaches for Vietnam when dealing with the re-routing of goods, and could lead to it becoming a “transshipment hub” for overseas products.

  • Hong Kong court refuses to enforce an arbitral award on the basis of violation of public policy 02/11/2018 09:30

    The Hong Kong Court of First Instance (“CFI”) refused to recognize and enforce an arbitral award (“Award”) of the China Guangzhou Arbitration Commission (“Commission”) on the basis that enforcement under section 95(3)(b) of the Hong Kong Arbitration Ordinance would be contrary to the public policy of Hong Kong

  • Signing of co-operation agreement with CIArb and ICDR/AAA 15/10/2018 11:21

    On October 12th 2018, Vietnam International Arbitration Centre (VIAC) has signed a Memorandum of Understanding (MoU) with the Chartered Institute of Arbitrators, London Branch and a Cooperation Agreement (CA) with the International Centre for Dispute Resolution (ICDR), a division of the American Arbitration Association (AAA) as part of the opening ceremony for the Introduction to International Arbitration Course, hosted by VIAC and CIArb, London and sponsored by ICDR at Deutsche Haus Building, Ho Chi Minh City.

  • Relationship between the Arbitrators and their Law Firm: A case for Dynamic Application of the IBA Guidelines on Conflicts of Interest 04/10/2018 11:14

    Independence and impartiality of an arbitrator form the bedrock of effective and fair legal proceeding. However, there are many requisites to an impartial tribunal such as fair and timely disclosures of potential conflicts by parties and the arbitrators. In this article, I shall explore the critical impact of the professional relationships of an arbitrator’s law firm on the perception of arbitrator’s independence.

  • Practical Tips for Handling Construction Claims and Disputes: Managing Documentary Evidence 04/10/2018 11:08

    Construction projects typically involve complex technical issues and several parties working together over long periods of time.  This results in complex facts, legal issues and most importantly, voluminous documentation.  Contemporaneous documents are the backbone of any construction case because they provide the most accurate and credible evidence to support a party’s claims and defences. For this reason, the proper management of documentary evidence in construction cases is crucial to the success of a party’s case.  Managing the documentary evidence is an ongoing process and should start from the very outset of the arbitration – in fact, even before the dispute arises – and continue until the end of the case.

  • Efficient Arbitration – Part 3: Winning an Efficient Arbitration 17/09/2018 16:11

    Where issues have been fully covered in submissions, counsel should consider whether opening statements are really necessary, and if so, whether they could at least focus only on the issues.

  • Efficient Arbitration – Part 2: Launching an Efficient Arbitration 17/09/2018 15:59

    A range of tools are available to focus the spending of resources. Resources should be invested, not wasted. The selection of the right tools to do so often falls to counsel. 

  • Efficient Arbitration – Part 1: Metrics 17/09/2018 15:54

    This is the first in a series of articles by Schoenherr focusing on efficiency in arbitration. In our series, we will explore various tools which serve to improve the efficiency of any given arbitration and so achieve a favourable outcome without wasting resources.

  • Mitigating investment risk – treaty planning and damages claims against state entities 27/08/2018 10:27

    What do these three scenarios have in common? An investor is negotiating a contract with a state entity in a high-risk jurisdiction. An investor – an individual or a corporate entity – is considering how to structure its holdings in a tax efficient manner. An investor is facing potential asset nationalisation or breach by a state entity of its contractual obligations.

  • Firms suggested using mediation to resolve commercial disputes 23/08/2018 11:50

    Phan Trong Dat, Deputy Secretary General of the Vietnam International Arbitration Centre (VIAC) and Deputy Director of the VMC, said mediation is appropriate for Asian culture since Asians prefer to settle disputes in a peaceful way. According to Dat, mediation is simply a negotiation with the participation of an independent mediator who can help both parties discuss their matter and reach their own agreement.

  • Vietnam Series: Mediator’s Settlement Proposals – A View From Vietnam 01/08/2018 10:43

    In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal

  • Simplified procedure for foundation of standard LLCs 26/07/2018 14:37

    The Austrian Parliament recently passed an amendment to the law on limited liability companies (LLCs) aimed at simplifying the foundation of a special kind of LLC. The purpose of the changes – and the simplifications associated with them ­– have been hotly debated.

  • Taxation of bitcoin and other cryptocurrencies 26/07/2018 14:34

    The meteoric rise and subsequent tailspin in the price of bitcoin has incited rampant investment in cryptocurrencies. Over 1,400 coins or tokens are now in circulation. Often lost in the resplendence and chicness of buying and selling cryptocurrencies are the tax consequences.

  • [HCMC] Ho Chi Minh City Mass Rapid Transit Lines Infrastructure Projects Conference 2018 23/07/2018 14:36

    Currently, the HCMC government plans to build a total of six MRT lines infrastructure, with construction in varying stages of development. Of these, MRT Line 1 is expected to be fully in operational by the end of 2020, however, there is possibility for early partial opening for elevated section at the end of 2018 or in 2019. The opening of MRT Line 2 shall be by the end of 2020. 

  • Launching Ceremony of Vietnam Mediation Centre and the Official Release of VMC Mediation Rules 2018 18/06/2018 16:05

    On 29 May 2018, the Vietnam International Arbitration Centre ran the Launching Ceremony of Vietnam Mediation Centre (“VMC”), a division of Vietnam International Arbitration Centre in Hanoi. VMC is the first unit in Vietnam to provide professional service of commercial mediation under the Decree No. 22/2017/ND-CP dated 24 February 2017 on commercial mediation.

  • Third Party Funding in Asia: whose duty to disclose? 04/06/2018 08:59

    Keen to ensure the new regime works, the Singapore Ministry of Law is already seeking feedback on whether cases are being funded, businesses are benefiting from the liberalisation, and whether 

  • 1st International ADR Conference at the Dusit Thani 30/05/2018 15:52

    In the conference, Mr. Phan Trong Dat (VIAC Vice General Secretary) presented about the enforcement of Mediated Settlement Agreement in Vietnam. Dat supposed that the enforceability of mediated settlement agreements is maybe the most important factor contributing to the success of mediation.

  • Vietnam launches mediation centre for trade-related issues 30/05/2018 15:31

    According to Tran Huu Huynh, President of the VIAC, Vietnam is considered a country with high and stable economic growth in the region and in the world. The Vietnamese Government has made a number of strong commitments and actions to reform in a more facilitative fashion, aiming to build a favourable business climate for investors, including the finalisation of a legal framework for the methods of settling trade disputes.

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