Do Khoi Nguyen

Construction Contracts Review & Negotiation

• 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; and
• 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

• Represented 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); and
• 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

• Representing a foreign contractor consortium in disputes relating to a wastewater treatment project in Vietnam;
• 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; and
• 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

Represented 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

Represented 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-author, Exclusive Jurisdiction of Courts in Relation to Rights over Real Properties in Vietnam, the Supreme People’s Court Journal, No. 17/2023;
• Co-author, Interpreting and Applying the Delay Damages Provisions of the FIDIC Red Book standard form contract in accordance with Vietnamese Law, the Supreme People’s Court Journal, No. 14/2023;
• Author, Vietnam ADR Week Recap: Comparison of the Interplay of the Separability Doctrine and Questions Relating to Formation and Validity of Arbitration Agreements across Various Jurisdictions, Kluwer Arbitration Blog (2023);
• Co-author, Post-award Interest in the Asia Pacific, Vietnam Chapter, Kluwer Law International (2023);
• Co-editor-in-chief, Vietnamese version, FIDIC 2017 Second Edition suite (Red, Yellow and Silver books) (2019-2020);
• Co-author, the International Arbitration Review, Vietnam Chapter (2018-2021);
• Co-author, the International Comparative Legal Guide to International Arbitration, Vietnam Chapter (2018-2020); and
• Co-author, GAR Know how – Commercial Arbitration – Vietnam (2017-2019).

• Construction Arbitration Conference HICAC, organized by Vietnam Society of Construction Law, panelist on “Inquisitorial Style and Adversarial Style in International Arbitration and Best Practices” panel (2024);
• Symposium on “Completing the Third Parties’ Mechanisms for Facilitating the Arbitral Proceedings”, organized by Vietnam International Arbitration Centre (VIAC) and Ho Chi Minh City Law University (ULAW), panelist on “Improving the Mechanisms on Third Parties to Improve the Arbitral Proceeding” panel (2024);
• Conference on Construction contract dispute resolution procedures, from Dispute Adjudication Board (DAB) to arbitration, organized by Vietnam Engineering Consultant Association (VECAS), panelist on “Noteworthy considerations when applying DAB mechanism for dispute resolution” panel (2023);
• VAS Crossover, Talkshow series on amendments of Vietnamese Law on Commercial Arbitration, organized by VIAC, moderator of panel on “Arbitration Procedures” (2023);
• Vietnam ADR Week, Adapting to a Vibrant Asia, organized by VIAC and Vietnam Business Lawyers Club (VBLC), moderator of panel on “the Interplay of the Separability Doctrine and Questions Relating to Formation and Validity of Arbitration Agreements across Various Jurisdictions” (2023);
• Construction Arbitration Conference HICAC, organized by Vietnam Society of Construction Law, panelist on “Saving Time and Costs in Construction Arbitration” panel (2023); and
• Conference on “Claim management in construction”, organized by Vietnam Engineering Consultant Association (VECAS), panelist on “Arbitration Strategy” (2018, 2019).