Litigation & Arbitration
In today's production and trade activities, especially in the textile, footwear, electronics, furniture or food industries, the outsourcing model has become an important part of the supply chain of enterprises. Instead of investing in the entire factory, labor and production line themselves, many businesses choose to assign part or all of the production stage to outsourcing partners to optimize costs and improve flexibility.
The Appellate Judgment No. 68/2019/KDTM-PT of the People's Court of Hanoi (the Ngoc Son ship case) shows a very valuable lesson for businesses buying property insurance and marine insurance: there are contracts, there are insurance events, even if the insurer does not deny the risks covered by insurance, but the enterprise may still not receive the full amount of money it expects if the claim dossier, the interpretation of the contract terms and the chain of evidence on the value of assets are not strictly prepared.
Margin trading is a popular financial service that allows investors to buy securities with loans from securities companies, with the purchased shares and assets on the account as collateral. This service helps to increase purchasing power and amplify profits for investors, but at the same time amplifies risks. When the market fluctuates adversely, the value of collateral declines rapidly can lead to disputes over escrow contracts between investors and securities companies over the performance of obligations, handling of collateral, interest rates and compensation for damages.
The plaintiff argued that the bank had arbitrarily revalued the assets and extended the security obligation beyond the original agreement, while the bank invoked the provision on security for future obligations to affirm the validity of the mortgage contract. The appellate civil case No. 109/2024/DS-PT between Mr. Ha Anh D, Ms. Pham Thi Thanh T and K3 Commercial Joint Stock Bank related to the dispute over the mortgage contract for a third-party loan raises many important legal issues . In this article, we will clarify the role of the principles of transparency, voluntariness, and equality in contracting, especially clarifying the legality and limitation of the scope of the mortgage contract when performing the contract.
Dispute resolution by commercial arbitration has long been considered an effective method, in line with international trade practices. The parties can actively select arbitrators with expertise, confidentiality of information and ensure the expediency of dispute resolution. However, despite reaching a favorable arbitral award, the winning party's journey is not over. Practice shows that the judgment enforcement stage is the most important and difficult "bottleneck", especially in Vietnam – where the competent authorities still have many inconsistent interpretations of the legal position and enforcement effect of arbitral awards.
Commercial Arbitration is a widely recognized dispute resolution method, valued for its efficiency, confidentiality, and finality. However, in some cases, the Arbitration Award may be annulled in accordance with Article 68 of the Law on Commercial Arbitration 2010. When this occurs, enterprises need to clearly understand the subsequent steps to take to protect their legitimate rights. This article will delve into the process and outline the actions that enterprises should take when dealing with the annulment of an Arbitration Award.
A contract is a form of expression for a civil transaction, therefore it is a document that expresses the agreement between the parties. In the course of its business, a company may need to enter into contracts with various parties, including employees, suppliers, customers, partners and other entities. For each contract, the legal value of the contract is always a concern for many businesses, as the voidability of the contract for any reason will cause the business some inconvenience and even legal liability. However, in order to protect their rights, businesses often need to ask the court to declare the contract void. This article discusses some considerations for businesses when asking the court to set aside a contract and the legal consequences that businesses need to be aware of if the contract is set aside.
During the arbitration proceedings, the request for interim measures by the dispute resolution body is an option that the parties may use if necessary. Although this request does not significantly affect the arbitral proceedings and the proceedings continue as usual, the question arises as to whether the jurisdiction of the court limits the jurisdiction of the arbitral tribunal when both dispute resolution mechanisms have concurrent jurisdiction to resolve the party's request for interim measures. This article will focus on the concurrent jurisdiction of courts and arbitration in the application of interim measure.
One issue the parties must also pay attention to is whether share transfer contracts signed before receiving approval from the competent authority take effect in accordance with the law? In this article, we will express some perspectives from multiple angles to clarify this issue.
The current trend is for an increasing number of companies to choose arbitration as an alternative method of dispute resolution to litigation. Arbitration has become the preferred choice of many companies because of its speed, confidentiality and efficiency. However, not all cases should be resolved through arbitration, and in some cases arbitration may not be the best option
In this article, HM&P intends to limit the scope of analysis to cases settled by institutional arbitration, i.e. the establishment of an arbitral tribunal through an arbitration center.
In this article, HM&P will discuss some outstanding issues that have not been resolved under the current arbitration law and require early supplementation and adjustment in the coming period.
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