YKVN is able to bring unparalleled resources to bear on complex, local and international arbitrations arising from doing business in Vietnam. Our team fields a diverse mix of internationally trained and domestically qualified lawyers supported by a very strong international and domestic corporate team, thus allowing us to comfortably suggest superior strategies and solutions for cross-border disputes involving foreign parties doing business in Vietnam or with Vietnamese parties or Vietnamese parties doing business internationally, whether through VIAC arbitration in Vietnam, SIAC or other foreign arbitration.
Our partners have extensive experience in commercial arbitration matters in Vietnam, especially arbitrations conducted under the auspices of the Vietnam International Arbitration Center (VIAC). In addition to their work as counsel in commercial arbitrations, our partners are frequently tapped by parties to sit as arbitrators. We have handled the arbitration of significant infrastructure disputes, construction disputes and shareholder disputes.
Singapore Arbitration of Vietnam Disputes
As dispute resolution clauses providing for 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, our international arbitration practice, based in Singapore, has grown substantially. For complex arbitrations, we often partner with leading global or regional firms.
The practice has gained global recognition in recent years and is currently involved with the largest and most complex arbitrations in Vietnam.
“The first VIetnamese firm to receive our stamp of approval.” (GAR 100)
“[…] the standout firm in Vietnam, for its quality, depth and knowledge.”
The team is able to offer “nuanced, sophisticated advice” to foreign clients with investments in Vietnam.
” […] also engaged in the handling of complex shareholding, joint venture and ICC disputes arising from major corporate transactions. Well placed to handle white-collar crime and fraud-related matters.
“[…] very responsive, smooth in communication and always addressing the topics. They have produced outstanding results.”
” […] is in the premier league of Vietnamese law firms and practices commercial law at the highest level. Their combination of responsiveness, commercial nous, and strategic guile is unparalleled within Vietnam.”
” […] has a track record of handling high-value and complex litigation.”
“A diverse mix of internationally-qualified talent enables the practice to advise on cross-border disputes, a speciality likely to grow given Vietnam’s economic liberalisation.”
“Responsive”, “good and reliable”, YKVN represents clients at all levels of the Vietnamese court system and in the Vietnam International Arbitration Centre
- Advised a Vietnamese big construction company in a claim against the largest state-owned bank in Russia regarding enforcement of the 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 large local petroleum corporations 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 local bank’s 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 a shipbuilding 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 a foreign construction contractor 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 several foreign banks and local commercial banks 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 an international consultant in settling dispute with Vietnamese developer involving project management agreement of a large recreational 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;
- Represented a 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 international education institution 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.
- Acted for a local petroleum exploration company in a multi-million dollar SIAC arbitration involving a defaulting a foreign oil exploration contractor (co-counsel: Herbert Smith);
- Advised a local petroleum exploration company on a potential arbitration claim under an Iranian oil exploration contract (co-counsels: DLA Piper and Jones Day);
- Advised local petroleum exploration company 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 the local largest shipping corporation in a SIAC arbitration against a Japanese maritime equipment supplier (co-counsel: K&L Gates);
- Acted for another subsidiary shipyard of the local largest shipping corporation 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 a large local livestock corporation in a GAFTA arbitration in Singapore against an agriculture products trader (co-counsel: K&L Gates).