VieON users in mire after exit of MoMo
Oct 12, 2020Even as major e-wallet platforms enhance partnerships with businesses to gain a foothold in the local market, locally-invested MoMo has suddenly cancelled its contract with an over-the-top platform, raising concerns over whether the e-wallet platform is strong enough without the alliance.
Lessons about invalid contract, inspection and Incoterms over a lawsuit
Oct 06, 2020The contract might be invalidated for reasons unexpected by the parties; careless selection of an inspection company resulted in losing legal evidence; and inadequate understanding of the right to claim under the CFR Incoterms rule leading to an unacceptable request were some of the summaries of the lawsuit below for your reference.
Controversial draft decree may make banks lose potential foreign investors
Sep 24, 2020Recently, some commercial banks have curbed foreign ownership limits in their capital to below the bar of 30 per cent set by the State Bank of Việt Nam (SBV).
A dispute on new for old insurance
Sep 10, 2020The damaged property could be replaced under the insurance contract, but the method was not as simple as the thought of the insured in the dispute below, resulting in the loss of hundreds of millions of VND, which was a lesson learned for the enterprise participating in insurance and let readers refer to their practical activities.
What was "Insurance profiteering"?
Aug 12, 2020What was insurance profiteering? It was an illegal act to seek profits from insurance enterprises. Here were some acts of insurance profiteering for readers’ reference.
Force Majeure
July 15, 2020Never the term "force majeure" has been as much concerned as since Covid-19 through a number of cases, such as, (1) The tenant did not pay the rent, returned the house, reclaimed the deposit for the reason of force majeure. Was that right? (2) Logistics service companies, trading companies could not deliver, receive goods or violate delivery deadlines because of a shortage of workers due to concentrated isolation, even companies had to close due to Covid-19. Could they refuse to pay damages? (3) Could we claim insurance companies for damages caused by Covid-19? (4) For flights canceled by a government order due to Covid-19, had the travel company to return the airfares or deposits to its travellers immediately? (5) Borrowing money from banks to buy and sell goods or services but not being able to do business, was it allowed to refuse or delay the payment of interest or late payment of principal due to Covid-19? (6) Bank was unable to collect debts due to Covid-19. Was it a force majeure event?
Notes on the time-bar, negotiation, and interest from a dispute
May 06, 2020In commercial activities, it is common to negotiate in resolving disputes. However, how does negotiation affect the time limit for requesting an arbitration or a court lawsuit (time-bar)? Is it legal if the negotiation result is contrary to the contract? And how to solve the matter of no agreement on the interest due to late payment? The following case at an arbitration centre is for readers’ reference of the above issues in their practical activities.
Consolidating protection for intellectual property rights
Mar 16, 2020As Vietnam strives to forge a digital economy, there is a growing need to protect intellectual property rights. Tran Manh Hung, managing partner of law firm BMVN, a member of Baker McKenzie, an arbitrator of VIAC, writes about the relations between protection and social media, and the challenges to go digital.
A dispute on VLA's Standard Trading Conditions (STC)
Mar 06, 2020"Arbitration agreement is an agreement between the parties to settle by arbitration a dispute which may arise or has arisen". Such provisions in Clause 1, Article 3 of the Law on Commercial Arbitration 2010 ("LCA") seem to be too clear but there are still disputes. So, I would like to introduce the case below for readers’ reference.
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