Vietnam

With offices in Hanoi and Ho Chi Minh City, Bizconsult celebrates its 20^th anniversary this year. It offers dispute resolution services with a particular focus on commercial, construction, energy and intellectual property.

Managing partner Viet Nguyen Dang is responsible for the disputes team that includes partners Nghia Nguyen Trong, Phong Le Hong and Huyen Nguyen Thu.

The team is currently defending a domestic client in a contract related dispute against a Vietnamese construction company. The firm recently represented a Vietnamese bank as a claimant in a $23.5 million dispute with another bank over a guarantee contract. A Danish company is using the team for its battle with a local company in relation to payment obligations.

Bross & Partners’ dispute resolution practice covers a range of practice areas including commercial, construction and energy, but it is particularly well regarded for its strength in contentious intellectual property matters. The firm has three offices located in Hanoi, Ho Chi Minh City and Danang.

Key litigation partners include Anh Hung Tran, Le Quang Vinh, Youngdae Kim, Van Dzung Hoang and Van Thai Nguyen.

A highlight for the team is acting for a Chinese consortium of PowerChina and CR18G on a $90 million Vietnam International Arbitration Centre (VIAC) case against Vinh Son-Song Hinh Hydropower. Another notable matter saw the firm representing Tenma Vietnam against bribery allegations and helping with the criminal investigation. The authorities have decided to temporarily suspend the investigation due to lack of decisive evidence. The firm is also acting for ZTE HK on debt recovery and arbitration proceedings in Vietnam related to sales contract disputes.

On the intellectual property front, a notable case for the firm this year was representing a well-known local restaurant in an unfair trademark competition matter against a Korean company. Dairy exporter Vinamilk enlisted the team to assist in its 3D trademark infringement dispute with Yakult. Internationally, the firm is acting for domestic F&B group Masan Consumer Corporation in an unfair competition matter in the Japanese court against another food company in relation to the selling of a fish sauce.

The firm has a long roster of key clients including Quoine Vietnam, PowerChina Huadong Corporation, SinoHydro Corporation, Tenma Vietnam, Vietnam Expressway Corporation and Vifidi.

As DIMAC law firm enters its seventh year since its establishment in 2015, the firm’s reputation continues to grow for complex dispute matters. The firm has offices in Ho Chi Minh City, Hanoi and Danang. The disputes practice has experience at all levels of courts and covers contentious issues in , among others, the commercial, projects, contact, trade and employment areas. It boosted its supporting ranks last year with the addition of three disputes-focused associates.

The litigation group is headed by managing partners Tuan Pham and Thanh Duong.

A highlight for the team saw it acting for a Japanese technology conglomerate in its dispute settlement with Maeda Vietnam. A domestic trading company has enlisted the firm for its litigation against Trading One Member Company. The firm assisted a domestic land company in arbitration proceedings against An Hung Corporation.

Client feedback

“I am super impressed with DIMAC, particularly its communication, diligence, thoroughness, commitment and determination to get a result.” – Commercial and transactions

“The team maintained good communications and informed us swiftly about any issues incurred. They provided reliable advice for each case.” – Commercial and transactions

Le Thanh Tung

“He maintained good communications and provided reliable legal advice.”

“He communicates extremely professionally. He always does what he says he will do. He seems extremely knowledgeable and is committed to finding the best path towards winning the case.”

DL & Partners formally changed its name from Victory at the beginning of 2022. Its dispute offering is known for commercial litigation and arbitration, with experienced litigators including a vice-chair of the Quang Nam Province Bar Association and an arbitrator at the VIAC and Pacific International Arbitration Centre (PIAC). Recently, the firm has been active in various energy and construction, consumer goods and real estate disputes. The team is experienced at all court levels and dispute resolution forums.

Four partners lead the dispute resolution team: Viet Dung Tran, Tuyet Dung Le Thi, Van Hiep Trinh and Van Vinh Hoang.

The firm represented SBV in arbitration proceedings at the VIAC in relation to a dispute with Dai Hung Construction. The team acted for VietsovPetro, an oil and gas joint venture between Russia and Vietnam, in a dispute over an oil well demolishing service. In another construction-related matter, the firm represented Astrocon as the respondent in an arbitration at the Singapore International Arbitration Centre (SIAC). The complainant, a German investor, had requested the client to pay a penalty for not completing the construction of a plant in accordance with the contract.

Conmin and Mena Food were recent, publishable clients.

Client feedback

“The firm always keeps clients up to date on legal paperwork or on any changes needed. Also, the lawyers tell it like it is, nothing is ‘sugar coated’ but straightforward on what needs to be done. The lawyer we worked with explained the law in clear language articulately every step of the way.” – Commercial and transactions

“The team helped to resolve workers' wage claims after we implemented the policy of reducing the staff and cutting down the welfare due to the impacts of the Covid-19 pandemic. Our lawyers negotiated very efficiently with the labour union and each group of employees; and explained to them the legality of the company's decision. The lawyers also proposed solutions for the employees to return to work and withdraw the claims.” – Labour and employment

Dung Le

“She has successfully advised foreign investors and domestic companies in Vietnam. She is very punctual and attentive to client's requests, and always provides innovative solutions to overcome the problems.”

Dzungsrt & Associates offers well-rounded dispute resolution services, with extensive and deep expertise in arbitration and other forms of alternative dispute resolution (ADR). The firm capitalises on its boutique and independent status, which means it is largely free of engagement conflicts that often face full-service firms.

Many peers acknowledge the firm’s prominence in domestic and international arbitration matters. For example, Dzungsrt lawyers were directly involved in drafting the current law on commercial arbitration and contributed significantly to the 2017 Rules of Arbitration of the Vietnamese International Arbitration Centre. Senior partner Manh Dzung Nguyen is the only Vietnamese member at the ICC International Court of Arbitration and is a highly-respected figure in local arbitration.

Five senior lawyers guide the firm’s disputes and arbitration practice: senior partner and arbitration specialist Dzung Nguyen, partner Minh Nguyen, special arbitration counsel Trang Nguyen, ADR partner Ha Dang and shipping expert Han Tran.

Apart from multiple recent instructions for arbitration representations at the International Chamber of Commerce (ICC), the team successfully protected an offshore client’s interests in a VIAC arbitration against a domestic party. The matter is related to a vessel collision in Vietnamese waters and is notable as the first maritime arbitration administered by the VIAC in Vietnam. The firm’s caseload in the past year was dominated by various arbitrations in different forums across Asia.

The firm’s dispute resolution practitioners have international study and practice experience, ensuring a more cosmopolitan and nuanced approach to its representation. Firm founder Manh Dzung Nguyen is currently serving his third term as the only Vietnamese ICC Court member to date.

Client feedback

“The firm provides reliable advice on local law and practice in Vietnam. It is also very responsive, unlike other competitors in the market.” – Infrastructure

Ngoc Minh Nguyen

“Well-versed in local court proceedings and arbitrations. He has good English communication, and is very hard working and responsive.”

“He provides commercial and practical advice. Excellent command of Vietnamese commercial and contract law.”

EPLegal moves into the top tier this year for its contentious energy and construction expertise. Peers laud the firm’s ubiquitous presence on key international project-related arbitrations. It is a leading energy law firm, deeply entrenched in the industry and highly visible in major Vietnam power projects. Apart from the firm’s energy and construction specialisation, it also provides its diverse clientele with strong commercial dispute representation in both domestic and international matters. Commercial arbitration is also a strength, with a number of its lawyers serving as arbitrators of the Vietnam International Arbitration Centre.

Key dispute resolution contacts are founding partner, and international arbitration and construction specialist, Tony Nguyen and managing partner Annie Ngo.

The firm saw brisk activity in acting for regional clients in arbitral award enforcements and breach of contract disputes across a range of industry sectors from technology to shipping. It also recently acted for two Vietnamese respondents in a dispute case regarding fiduciary duties stipulated in a shareholder agreement. The team is representing a client in initiating an administrative lawsuit against local customs authorities for an illegal tax decision.

The dispute resolution group at Frasers Law Company has been busy over the last year on a wide range of contentious matters in the commercial, property, shareholder, employment and intellectual property practice areas. It also saw an uptick in its corporate investigation instructions, which has spurred on the creation of a new investigations practice group that handles regulatory and internal investigations for multinational corporations and other foreign inbound investors.

The firm has a number of international trade experts in its dispute resolution team who specialise in classic trade cases such as anti-dumping, countervailing duties and export control. The team’s international arbitration depth was boosted last year with the arrival of experienced specialist Earl Rivera-Dolera from the Arbitration Chambers in Singapore. Two senior associates were hired at the same time from Hogan Lovells and Ho Tram Development Company.

Managing partner Mark Fraser and Rivera-Dolera lead the disputes practice.

Last year, the firm acted for a Japanese client in a complex dispute related to the ongoing construction of the metro line in Ho Chi Minh City. Soleman Services enlisted the team for a dispute relating to the ownership and control rights over a subsidiary. This case was unique since the underlying dispute was one between foreign parties in Russia relating to a financial arrangement.

Other clients the firm has worked with are Keaz, MPP Global Solutions and Smilegate Entertainment.

Boutique dispute resolution firm Le &Tran is wholly dedicated to successfully resolving conflicts for clients. Its expertise spans from complex commercial, intellectual property and labour disputes to construction arbitrations. On the commercial side, the firm has an excellent track record in disputes relating to breaches of commercial agreements, and sale and purchase transactions. The firm’s steadily increasing caseload and profile were reflected in its hiring of three senior associates last year.

Managing partner Stephen Le and partner Katherine Tran helm the firm and are the main contacts.

A highlight matter for the team is its representation in the largest shareholder dispute ever in the country. The firm’s client is locked in a $50 million battle with its Vietnam joint venture partner which also involves the individual interests of three different entities. In the rapidly evolving tech space, the firm acted for a domestic player in a copyright infringement suit against a multinational social media behemoth. This is a test case and its client’s success will set a precedent for other tech companies facing similar challenges.

The firm also defended a Fortune Global 500 client against multiple labour claims from a former employee, who has been dragging the dispute out for a decade.

The dispute resolution offering at Lexcomm pairs well with its market-leading corporate and transactions practice. The team, based across two offices in Hanoi and Ho Chi Minh City, is well-versed in various forums of dispute resolution management, and includes experienced litigators and arbitrators. The practice covers a host of areas such as financial services, domestic and international arbitration, investment, energy, insurance, post-M&A and tax disputes, and even product liability claims.

A triumvirate of partners lead the disputes team as practice heads: Trung Luong Van, Ha Nguyen Viet and Hai Nguyen Hong.

A key matter for the team was its role advising two Vietnamese respondents in a SIAC-seated dispute over an alleged breach of a share purchase agreement, shareholders’ agreement and company manager’s duty. The team successfully persuaded the tribunal to accept less than 30% of the indemnity claim, which was equivalent to less than 3% of the original total claim value. This was a landmark case that set precedent in an international tribunal by recognising that Vietnamese laws have similarities with the Common Law regarding certain rules, principles and damage calculations.

In another seminal case that is currently at the appellate stage, the firm represented rideshare giant Uber in the first-ever economic concentration case that has gone to trial in Vietnam. Upon the outcome of this case, the government will have to introduce the new antitrust law to tighten up its competition rules.  

LNT & Partners has a top-tier commercial disputes practice with extensive experience in arbitration. The firm, keen on exploring and promoting alternative forms of dispute resolution, also boasts four certified mediators. Over the past year, the team has been busy on a broad spectrum of matters involving employment, tax and contractual issues as well as numerous arbitration proceedings in construction, infrastructure and commercial cases. The group was bolstered by the hiring of two former judges.

LNT was the first firm to do a mediation case at the Vietnam Mediation Centre in 2018. Arbitration head Net Le is one of only two Vietnamese arbitrators on the panel of the SIAC. The firm has an office in Singapore to assist clients with SIAC arbitration and support its international arbitration practice.

Firm managing partner Le Net is an international arbitration specialist, but his practice also focuses on banking and finance, infrastructure, construction and energy disputes. He and partners Minh Vu, Phu Nguyen, Binh Tran, Tuan Nguyen and Thuy Nguyen are the key contacts for disputes work.

A recent highlight for the firm was successfully representing a dairy cooperative in a tax dispute, the only case the tax department has said it lost. In another commercial matter, it acted for a China-based consumer electronics manufacturer in a litigation against its distributor. On the construction front, the firm is working with one of the leading domestic power enterprises in a dispute arising from the procurement bidding process for imported coal. The firm also acted for a local oil and gas company in its arbitration before the VIAC over an engineering, procurement and construction contract for the construction of an oil pipeline section.

A food and beverage multinational has instructed the firm for its labour proceedings in a disciplinary case regarding a violation of the labour order. The team was also instrumental for a Japanese multinational personal care company in a dispute with a managerial employee over termination.

Partner Phu Nguyen joined the firm at the end of 2020 from the Economic Court of Ho Chi Minh City People’s Court.

Client feedback

“They have an excellent command of case material and never shy from the technical aspects of the case. They have got a strong grasp of matters from the broad commercial picture to technical details, and are overall a very committed team. They also know the arbitration procedures under different rules very well and provide us with detailed guidance throughout the process, which we found very helpful.” – Commercial and transactions

Vu Thanh Minh

“She stood out amongst peers for her professionalism, excellent technical knowledge and commercial sense. We are especially impressed by her ability to get through prodigious quantities of materials and to deliver clear and concise advice from them.”

With an established presence in Hanoi and Ho Chi Minh City since 1995, Mayer Brown offers dispute resolution services with a focus on international arbitration. The firm regularly handles contentious matters for energy, infrastructure and natural resources clients, and has a heavy concentration of renewable energy sector and gas price review disputes. Cases managed by the firm include price review arbitration, restructuring-related disputes, M&A-related disputes, shareholder disputes and investment arbitration disputes.

The Mayer Brown team has seen an increase in disputes work involving investment into Vietnam and its specialists work closely with the firm’s pan-Asia team across the region. The firm has a recognised Vietnam-related international trade practice, frequently acting for domestic clients in relation to anti-dumping issues and defending them against dumping allegations in foreign markets. The team has an established track record of working with Vietnamese seafood exporters in these antidumping cases. When the VIAC conducts road shows around the region, they frequently invite the firm’s head of regional international arbitration, Yu-Jin Tay, to participate. He is only one of two Singaporean lawyers with senior VIAC arbitrator experience to be asked to join.

Key contacts include Ho Chi Minh City-based David Harrison and partner Tay in Singapore. In October 2020, international arbitration specialist Paul Teo joined the team in Singapore from Baker McKenzie

The Vietnam branch of Tilleke & Gibbins has a well-regarded contentious intellectual property practice, which has handled nearly 85% of all invention patent litigation cases in Vietnam so far and argued in some of the first patent infringement cases heard by the Vietnamese courts. The firm has also been a pioneer in domain name disputes in Vietnam and is a go-to name for big pharma. Electronics and biotechnology clients are also increasingly relying on the firm for contentious patent matters. In other areas, the firm remains active in labour and commercial litigation. In the wake of the Covid-19 pandemic, its labour and employment disputes work has seen a marked upturn in activity.

The firm bolstered its contentious labour capacity with the hiring of senior foreign attorney and counsel Sarah Galeski from KPMG Legal. The firm pairs with a local firm, T&G Law Firm, allowing it to handle local litigation in the country.

Managing partner and intellectual property expert Thomas Treutler leads the disputes team that includes partner and head of IP enforcement, Loc Xuan Le, and partners Vinh Quoc Nguyen and Kien Trung Trinh for employment-related matters.

The Tilleke team successfully represented a health products multinational in a four-year long labour dispute involving the dismissal of its former Vietnamese subsidiary’s managing director. It also acted for a regional oilfield company on its SIAC arbitration to resolve a contract performance dispute. On the intellectual property side, Treutler and his team are working for a leading pharma company on its ongoing patent dispute over a diabetes drug. They are also representing Merck Sharp & Dohme in its six-year long battle against patent-infringing generic drugs and in a separate case that is thought to be the first-ever patent case to be heard by the Supreme Court

Full-service firm VCI Legal has an active dispute resolution practice. The firm regularly works with foreign investors, small and medium-sized enterprises, multinational corporations, Fortune 500 companies, private equity funds, banks, investment funds and other major financial institutions.

The lead contacts for dispute resolution are managing partner and investment arbitration specialist Tuan Phung and partner Kent Wong.

The team is currently acting for MAR6 Company in a court dispute related to capital payment and profit distribution. Earlier, it represented Sportlife Brands to help recoup its payment from its local partner as outlined in their sale and purchase agreement. Swiss Med Supply has instructed the team for representation at the VIAC in a deposit dispute with its local personal protective equipment supplier, Taglink. Other highlights include the firm acting for Dat Phuong Nam Joint Stock Company and Dat Viet VAC Media Entertainment Group in separate shareholder disputes.

Client feedback

“They were very diligent.” – Commercial and transactions

As one of the premier law firms in Vietnam, VILAF continues to impress clients with its dispute resolution capabilities. It is experienced in domestic litigation and arbitration across a variety of industries including maritime, finance and investment, construction, projects, energy, real estate and hospitality. Core work includes disputes over insurance claims, employment termination, product liability and recall, deposits claims, logistics and automobile manufacturing. Partners at VILAF are often requested to act as local law experts in international litigation and arbitration by state agencies and at the VIAC and SIAC.

Key partners for contentious work include Ho Chi Minh City managing partner Tung Ngo, Linh Nguyen, Quynh Pham and Hien Tran.

A notable case for the firm was its successful representation of Jones Lang LaSalle Property Consultants at all stages of pre-arbitration negotiations and arbitration proceedings it initiated against Hoang Thang Joint Stock Company before the VIAC over a contractual claim. Pilmico Vietnam Company has instructed the firm in an embezzlement case against its former chief accountant. The team is representing Lucky Communication Equipment on contentious issues arising from the termination of a distribution agreement with Nokia. Additionally, it is acting for Keangnam Enterprises in a dispute on loan agreements and electricity fees with AON Vina

The firm has assisted Power Machines in an engineering, procurement and construction contract dispute with Vietnam Oil and Gas Group and PetroVietnam Technical Services Corporation. It is advising Schneider Electric in a dispute with its former employee relating to the implantation of his labour contract. Novus International has hired the labour team for representation in the termination of its country manager for gross negligence.

The firm’s client list includes 3A Nutrition, ANZ, Mitsubishi Corporation, Posco E&C, SK E&C and Taihan Industrial Systems.

Vision & Associates maintains a strong position in the disputes arena among local firms. Its domestic intellectual property practice remains one of the best in the country with over 56 fee earners. In addition to court representation for clients, the firm also provides mediation, negotiation, enforcement and arbitration services.

The core partners involved in commercial dispute resolution and litigation are Trong Hieu Dang and Tuan Anh Le. Managing partner Nghiem Xuan Bac Pham and executive partner Quynh anh Le also play vital roles. The key partners for intellectual property litigation are Quang Hung Do and Thi Thu Ha Nguyen.

One highlight saw the team acting for MXP in resolving its trademark and copyright disputes with others. RCMA Group has instructed the firm for the recognition and enforcement of a foreign arbitration award.

In a rare IP battle in Vietnam, the firm is defending DS Communication in a dispute related to the origin of creating a work.

Active clients of the firm include Hyundai RNC Hatay, Kei Sei, LG Electronics Vietnam, Obayashi Vietnam and Turkish Airlines.

YKVN is recognised by peers and clients as having one of the most formidable and largest dispute resolution teams in the country. Domestically, the firm captures a sizable share of complex and high-stakes litigation and arbitration matters in the market. Its international arbitration practice is well-established and continues to grow steadily across borders. It has a Singapore office housing highly qualified and experienced lawyers to service its local and regional clients. YKVN’s consistent track record of acting as lead counsel on international arbitrations has resulted in its placement as the sole firm in the highest band of the new international arbitration table. The firm’s Vietnam-based litigation team comprises 15 lawyers including six partners and a counsel, while the Singapore office is staffed by eight lawyers, four of whom are partners that regularly engage in international arbitration matters at the SIAC.

Partners Nghia Truong Trong and Dzung Luu Tien are the key disputes contacts in Vietnam, while international arbitration specialists K Minh Dang, K Nguyen Do and Thang Pham are based in the firm’s Singapore office.

One current highlight for the firm is acting for Buhler Asia Vietnam in a dispute against Phung Hoang Rice Import Export Joint Stock Company and the Bank for Investment and Development of Vietnam. This may be the first case in the history of the country when the court has to consider in detail the legal effect of the ‘reservation of title’ clause in a sale contract and the registration of a mortgage contract so it can be effective against a third party. The court must carefully consider the identification of bona fide third parties in these secured transactions. The case is being adjudicated under the appellate procedure.

In another publishable case of note, the team is representing Tasco Joint Stock Company in a contractual dispute against the Housing and Urban Development Corporation relating to the development of an urban complex project in Hanoi. This case focuses on two significant risks facing inbound investors: the problem of providing equitable remedy for housing developers when a change in state policy occurs and the question of balance between the state’s interest and protection of private-sector investors. This case presents a rare opportunity to examine a Vietnamese court’s standing on these issues and has the potential to set precedents for future judgments.

Former partner Phuong Tran left the firm for a new role as deputy head of legal at Masan Group in Ho Chi Minh City.

Recent publishable clients of the disputes team include Bachy Soletanche Vietnam and Posco VST.

Client feedback

“The team provides thorough and user-friendly advice on legal matters. They conduct investigations of the facts underlying the dispute and analysis of same. They always consider and advise on proposed defence strategies.” – Commercial and transactions

K Minh Dang

“Minh consistently provides tailor-made and practical advice. He combines sharp legal knowledge with acute awareness of the commercial realities of the matter, which makes him extremely reliable.”