Whether documents in arbitral proceedings shall be undergone consular legalization or not is a debated issue in Vietnamese Courts’ practice. This issue causes the concerns and risks to the relevant parties, especially who are foreign parties.
On 10 and 11 May 2024, CNC is honored to host a training course on FIDIC Contracts for one of the most prominent construction contractors in Vietnam – Coteccons Construction Joint Stock Company
Under the invitation from Legal Plus and L2 i-CON International, Mr. Tran Pham Hoang Tung has shared the perspective of Vietnam on Construction Market and Alternative Dispute Resolution (ADR) at ADR Conference Marathon 2024.
“Variation” is a prevalent issue, as at the time of signing, it is challenging for the parties to foresee potential changes or adjustments that are necessary for the works, especially for high-valued and complicated works. Currently, the Vietnamese laws on construction, in particular, Law on Construction 2014, amended, supplemented in 2020 (hereafter referred to as…
DAB UNDER THE FIDIC CONTRACT 1999 – IS IT MANDATORY OR OPTIONAL? Abstract In the field of construction, barring dispute resolution by Arbitration, the Dispute Adjudication Board (hereinafter referred to as “DAB”) is a common dispute mechanism chosen by the contractual parties. The provisions stipulating DAB have been explicitly recognized by the International Federation of …
Unclear Arbitration Agreements are agreements – established by the parties – in which the content is insufficiently transparent, do not specify a format, do not identify a particular arbitration organization, or may be interpreted in multiple ways.
Aside from the commonly seen dispute resolution methods in other Conventions such as mediation and ad hoc arbitration, the EU – Vietnam Investment Protection Agreement (EVIPA) has one more notable method of dispute resolution, namely, the Investment Court System (ITS or ICS). EVIPA and Investment Dispute Resolution Mechanism EU-Vietnam Free Trade Agreement (EVFTA) is a…
Arbitration Agreements Law on Commercial Arbitration of 2010 specifies in clause 2 Article 3 that “Arbitration agreement means an agreement between the parties to settle by arbitration a dispute which may arise or has arisen”. The New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards to which Vietnam is a…
09 NEW POINTS OF THE LAW ON TENDERING 2023 On 17 July 2023, the Office of the President officially announced the President’s Order on the Law on Tendering No. 22/2023/QH15 passed by the 15th National Assembly at the fifth Session (“Law on Tendering 2023”). Accordingly, the Law on Tendering 2023 contains adjustments to the scope…
