VCL LEGAL MANAGING PARTNER TAKES PART IN THE ABA CONFERENCE 2020

Dear Sirs/Madams

The annual virtual conference on Dispute Resolution held by ABA (American Bar Association) is taking place throughout this week.

Attorney Phung Anh Tuan, VCI Legal Managing Partner, and Dr. Vu Thanh Ca, Head of International Cooperation Department, General Department of Sea Islands, Ministry of Natural Resources and Environment, have just delivered a presentation on “ISDS […]

DECISION 14 ON COOPERATION IN INTERNATIONAL INVESTMENT DISPUTE RESOLUTION

Introduction:

On April 8th, 2020, the Prime Minister issued Decision No.14/2020/QD-TTg promulgating the Regulation on cooperation in international investment dispute resolution (“Decision 14”), which replaces the previous Decision No.04/2014/QD-TTg.

The content of Decision 14 includes the provisions on principles, tasks, jurisdiction and coordination processes between state agencies, relevant organizations and individuals involving in the international investment dispute […]

PRECEDENT 35 ALLOCATION OF AGRICULTURAL LAND TO DOMESTIC PERSON BEFORE OVERSEAS RESIDING

Source of the precedent

Cassation Decision No. 65/2018/GDT-DS dated 06 August 2018 of the High People’s Court of Danang on the civil case “Dispute over enforceable property” in Dak Lak province between the plaintiff Mrs Nguyen Thi K and the defendant Mrs Nguyen Thi T.

Factual Background

Mr Nguyen C (Mr C) and Mrs […]

AUCTION OF MORTGAGED PROPERTY BY THE BANK

Overview

The practice of mortgaging property to secure the lending of money from the bank is very common among enterprises as well as individuals. However, there are many cases where the bank conducts the auction of mortgaged property without the owner’s approval leading to the latter objecting, which remains as one of the big issues […]

2019 ICSID CASE STATISTICS

The International Center for Settlement of Investment Disputes (ICSID) is the world leading institution devoted to international investment dispute settlement under the ICSID Convention. More than 160 countries across the globe are contracting states to the ICSID Convention.

ICSID offers services for the resolution of international disputes, primarily between investors and Sates, but also in State-to-State […]

THE CIVIL AIRCRAFT DISPUTES BETWEEN THE US AND THE EU: A NEW INTENSE TRADE WAR AND THE EXPERIENCES FOR VIETNAM

I. Introduction

On October 2, 2019, the World Trade Organization (WTO) issued an award agreeing that the US had suffered significant loss of nearly USD 7.5 billion per year from the preferential loans granted by the EU Governments to Airbus A350 and A380 aircraft.  Accordingly, the WTO “turned on the green light” to allow the U.S. to impose additional […]

PRECEDENT 25: DEPOSITARY MAY NOT FORCED TO PAY A FINE FOR THE DEPOSIT DUE TO OBJECTIVE REASONS

Source of the Case: Precedent 25 – Case No. 79/2012/DS-GDT

Overview:

For a contract to be formed which includes a deposit agreement the depositary has to perform its obligations for a period of time. Otherwise, if the depositary fails to perform its obligations, it must pay a fine. Under some certain circumstances, where the depositary is unable […]

PRECEDENT NO. 21/2018/AL ON FAULT AND DAMAGE IN THE EVENT OF UNILATERAL TERMINATION OF A LEASE CONTRACT

Source of the case: Cassation Decision No. 08/2016/KDTM-DGT dated May 20, 2016 of the Judicial Council of the Supreme Court with regards to the commercial case concerning “Dispute on the asset lease contract” in Quang Ninh Province between Company D (“Company D”) Ltd, as the plaintiff and Joint-Stock Company C as defendant (“Company C”).

Overview of […]

DETERMINATION OF THE CASE THAT THE COURT POSTPONED THE TRIAL SESSION WHERE THE FAULTS NOT DUE TO INVOLVED PARTIES

Source of the Case: Precedent No. 12 – Case No. 14/2017/KDTM-GDT

Overview:

After postponing the first session which was not due to the fault of the involved parties, for the second time duly summoned by the Court, if any of the involved parties are absent, the trial panel shall postpone the Court session again and determine that […]

PRECEDENT 09 UNDERSTANDING THE METHOD OF CALCULATING OVERDUE INTEREST RATES APPLYING TO COMMERCIAL CONTRACT

Source of the Case: Precedent No. 9 – Case No. 07/2013/KDTM-GDT

Overview:

Overdue interest rates applying to commercial contracts must be calculated by the average overdue interest rate of at least three local banks at the time of payment, unless otherwise agreed or provided for by law; however, this is not applicable to the fine for breach […]