Lexcomm has a market-leading dispute resolution practice in Vietnam. Our team, based across two offices in Hanoi and Ho Chi Minh City, consists of seasoned litigators and arbitrators who have profound and comprehensive knowledge of various forms of dispute resolution including litigation, arbitration and alternative dispute resolutions.
As a trusted advocate to clients, we champion their interest in the most complex, fact-intensive, high value and high-stakes contentious matters. Our team is adept at representing local companies and international corporates in domestic courts, major international arbitration centers both in Vietnam and overseas, and regulatory agencies (the Ministry of Information and Communication, the Ministry of Industry and Trade, the Ministry of Transport, etc,…).
At Lexcomm, we combine in-depth legal and genuine sector knowledge, commercial awareness and long-standing experience to offer complete and practical advice and identify appropriate case management strategies which help our clients confidently navigate the most challenging stages of the proceedings and reach an equitable and cost-effective resolution.
Our dispute resolution practice covers a host of areas:
· antitrust and competition
· financial services
· domestic and international arbitration
· construction and infrastructure
· commercial disputes
· corporate and M&A
· employment
· energy
· investment
· insurance
· restructuring and insolvency
· telecoms, media and technology (TMT).
Luong Van Trung, Nguyen Viet Ha and Nguyen Hong Hai, our key partners in this practice, are the best known name in the industry and recognized by the prestigious legal directories, namely the Legal 500 Asia Pacific, Chambers Asia Pacific and Benchmark Litigation Asia Pacific.
Particularly, partner and practice head Luong Van Trung specialises in investment, finance, real estate and construction, corporate, commercial and energy-related disputes. He is an arbitrator at the Vietnam International Arbitration Centre (VIAC) where he has acted as arbitrator in over seventy (70) cases, Singapore International Arbitration Centre (SIAC) and China International Economic and Trade Arbitration Commission (CIETAC).
Meanwhile, partner Nguyen Viet Ha frequently repesents clients in the mega energy, TMT and competition-related disputes. Ha is known for his strong negotiation skills and frequently appears before regulatory agencies and large-scale Vietnamese State-owned groups.
Partner Nguyen Hong Hai primarily focuses on labour, cross-border investment and shareholders’ disputes, involving in litigation at Vietnamese courts, arbitration at SIAC and VIAC as well as other alternative dispute resolution proceedings.
Our credentials in the dispute resolution include:
· Advising and acting as counsel for claimant (Thailand) in a dispute related to put option in M&A at VIAC with the value of nearly US$800 million;
· Advising and acting as counsel for respondents in a dispute related to M&A and company management at SIAC with the value of over US$38 million;
· Advising and acting as counsel for respondents in a dispute related to M&A in solar energy project at SIAC;
· Advising and acting as counsel for respondent being the coal-fired power plant owner in 2 disputes related to coal quality and security guarantee at VIAC with the total value of at over US$20 million;
· Advising and acting as counsel for respondent in 3 cases related to contracts for off-shore oil & gas works at VIAC with the total value of over US$4 million;
· Advising and acting as counsel for respondent in a dispute related to real estate project transfer at VIAC with the value of over US$2.5 million;
· Advising and acting as counsel for respondent in a dispute related to joint venture at VIAC with the value of over US$38 million;
· Advising and acting as counsel for respondent (Singapore) in a dispute related to a commercial lease agreement at the Court with the value of over US$ 3.5 million;
· Advising and acting as counsel for respondent in a dispute related to a share purchase agreement, company charter, and shareholder’s agreement between shareholders of a petroleum export and import trading company at VIAC with the value of over US$ 11.8 million and non-monetary requests;
· Advising and acting as counsel for claimant in a dispute related to a share purchase agreement, company charter, and shareholder’s agreement between shareholders of a company at VIAC with the value of over US$ 23.8 million and non-monetary requests;
· Advising and acting as litigation lawyer for Uber in the economic concentration investigation related to transactions between Uber and Grab. This is the only lawsuit at the National Competition Council on economic concentration in Vietnam to date. The case in Vietnam is the only case with a "winning" result for Uber/Grab in the 6 markets in Southeast Asia where Uber/Grab has concentrated economic activities;
· Advising and acting as counsel for a seller (Vietnam) in relation to a dispute concerning the closing of a transaction to sell 4-star chain hotels in Vietnam;
· Advising and acting as counsel for a foreign client (Europe) in a shareholder-dispute with the local partner at the Supreme Court of Vietnam;
· Advising foreign corporate clients in negotiating and conciliating with their business partners in Vietnam to restructure and recover bad debts;
· Advising and acting as counsel for a foreign client (Australia) in a dispute with its local distributor pertaining to the non-performance and late payment of a cross-border service contract;
· Advising a leading international construction contractor (Germany) in numerous disputes with the local investors/owners and subcontractors on a number of very large- scale property development projects in Vietnam;
· Advising and acting as counsel for a foreign mining company in a dispute with provincial authorities over land access entitlements;
· Advising and acting as counsel for a foreign mining company (Australia) in an administrative dispute with tax authorities concerning different interpretation of tax treatment;
· Advising foreign-invested companies on their employment matters and handling labor disputes in Vietnam.