News

  • 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.

  • Many FDI firms choose commercial arbitration in resolving disputes 22/05/2018 14:11

    Phan Trong Dat, Deputy Secretary General of the Vietnam International Arbitration Centre (VIAC) said at a recent seminar that the rate of disputes in Vietnam has increased in the last three years with over a half of commercial arbitration cases at VIAC being resolved in foreign languages (mainly English).

  • The 6th FDI Moot Asia-Pacific Regional Rounds 10/04/2018 09:47

    The 2018 FDI Moot case considers how a new government has suspended the extraction of a rare earth, for which a foreign investor held the sole mining concession. The suspension was based on a study showing increased health risk in the nearby population. The suspension, confiscation of rare earths already prepared for export and customers’ contract terminations led the investor to shut down its operations, only then to discover government plans to license extraction by another investor.

  • Message from the Secretary General 2018 03/04/2018 16:22

    The Government enacted Resolution No. 19/2017/NQ-CP on continuing to implement main duties and solutions for improving business environment and enhancing national competitiveness in 2017 and orientation towards 2020. Consequently, according to the rating report issued by the World Bank, Vietnam has increased 14 levels in terms of business environment index and ranked 68th out of 190 economies in the world.

  • VIAC and THAC signed the Co-operation Agreement 03/04/2018 14:47

    On 15 March 2018, Vietnam International Arbitration Centre (VIAC) welcomed a visit from Thailand Arbitration Centre (THAC) delegates. Mr. Tran Huu Huynh (President of VIAC) and Mr. Pasit Asawawattanaporn (Director of THAC) together with other members of VIAC and THAC attended the meeting and witnessed the signing of the Co-operation Agreement between the two centres.

  • Commercial Arbitration in the ASEAN Region Poised to Increase Confidence in Foreign Investment 21/03/2018 10:19

    ASEAN, the Association of Southeast Asian Nations, has been progressing toward achieving its height- ened goal of an integrated AEC.

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