Do Khoi Nguyen

Construction contracts review & negotiation

• Tư Advised Trung Thuy Group and its subsidiaries in reviewing and negotiating construction contracts (FIDIC based);
• Advised Vietnamese fertilizer company as a project owner in a dispute involving a NPK plant construction;
• Advised Ho Chi Minh City Management Authority for Urban Railways in the review and negotiation of construction contracts over several metro lines.

Hydropower plant

• Represented a publicly traded company in a VIAC arbitration against a Chinese consortium in relation to hydropower plant in central highlands of Vietnam with total disputes value of more than 200 million USD.

Oil & Gas

• Representing a Vietnamese leading oil and gas corporation in an ICC arbitration in relation to a 142 million USD Value-Added-Tax refund claim and a 168 million USD abandonment costs counterclaim (Co-counsel: Wilmer Cutler Pickering Hale and Dorr);
• Represented Vietnam Oil and Gas Group (PVN) in a Singapore seated ICC arbitration involving a 100 million USD tax indemnity dispute arising out of a production sharing contract (Co-counsel: Shearman & Sterling LLP).

Infrastructure and commercial project disputes

• Represented a foreign E&C contractor in an ICC arbitration over payment disputes relating to a highway construction work in Northern Vietnam;
• Represented Bachy Soletanche Vietnam against a Vietnamese real estate developer in a dispute over piling work in Hanoi;
• Represented MT Hojgaard A/S in a dispute against a Vietnamese subcontractor and the Hai Phong Bridge Projects Management Department (employer) involving the construction of Cau Rao II Bridge in Hai Phong City.

Debt restructuring

• Representing for a Vietnamese real estate company in its debt restructuring involving potential SIAC arbitrations and court proceedings in Vietnam. This is probably the first debt restructuring case under the fundamental change in circumstances doctrine in Vietnam.

Shareholder disputes

• Represented Vietnamese shareholders in a Vietnamese pharmaceutical manufacturer against a global pharmaceutical manufacturer, listed on New York Stock Exchange, in an SIAC arbitration and related Vietnamese litigation arising from shareholder disputes.

Investment disputes

• Advised a major Vietnamese telecommunications group on disputes relating to an investment project in West Africa (Co-counsel: Gaillard Banifatemi Shelbaya Disputes).

Professional malpractice & negligence

• Representing a major auditing firm in a VIAC arbitration against a malpractice claim alleged by a subsidiary of a Filipino conglomerate (Co-counsel: Gaillard Banifatemi Shelbaya Disputes)

• Co-editor-in-chief, Vietnamese version, FIDIC 2017 Second Edition suite (Red, Yellow and Silver books)
• Co-author, the International Arbitration Review, Vietnam Chapter, 2018-2021
• Co-author, the International Comparative Legal Guide to International Arbitration, Vietnam Chapter, 2018-2020
• Co-author, GAR Know how – Commercial Arbitration – Vietnam, 2017-2019
• Co-author, Morgan Lewis & Bockius LLP’s “An Introductory Guide to Arbitration in Asia”, Vietnam Chapter, 2018
• An Introduction Guide to Arbitration in Asia – Vietnam Chapter – Second Edition, 2018
• Speaker, Seminar on Claim Management in Construction Sector, Vietnam, 2017 & 2018
• Speaker, Dispute Settlement in APEC Economies – Towards Efficiency and Fairness, IPBA Regional Conference, November 2017
• Speaker, Conference on Arbitration in Vietnam, organized by Young ICCA, September 2016