View Of Arbitrators

Force Majeure

July 15, 2020

Never 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, 2020

In 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, 2020

As 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.

Heeding the implications of force majeure in Vietnam

Mar 04, 2020

Much of the globe has been rocked by the novel coronavirus epidemic, which is affecting trade and investment flows. Nguyen Trung Nam, founder and senior partner of legal consultancy firm EPLegal, provides analysis on how the epidemic will impact trade in Vietnam.

Pros of sandbox regulation for fintech

Oct 26, 2019

The activities of P2P lending and blockchain are currently not governed by any regulations in the Vietnamese legal system. In practice, fintech companies operating P2P lending or blockchain platforms are only obliged to obtain an enterprise registration certificate.

Vietnam: Infrastructure Criteria For Sustainable Infrastructure Development And Rapid Growth – How The CPTPP And The EUVN Free Trade Agreement And Investment Protection Agreement Can Contribute

Oct 26, 2019

Most infrastructure investment has been through PPP agreements. PPP is the cornerstone for infrastructure development and has been utilized in the past in Vietnam with varying degrees of success. Those agreements were often legally cumbersome and were put together largely on faith that both the government and investor would live up to their end of the agreement.

EU-Vietnam pact to deliver trade and investment bonanzas

Oct 26, 2019

The EVFTA was split into two separate agreements in June 2018, one on trade and one on investment. The deals, signed in Hanoi last Sunday after nine years of negotiations, are the first comprehensive and ambitious trade and investment agreement that the EU has ever concluded with a developing country. It is the second agreement in the ASEAN region after Singapore.