“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…
New Approach of Vietnam’s Courts on Liquidated Damages Liquidated Damages have become a debated topic in Vietnamese jurisdiction. For a long time, many Vietnamese Courts have argued that such damages were unacceptable. However, is there any change recently? To answer this question, CNC shall introduce to readers this article undertaken by Mr. Tran Pham Hoang…
On October 1st, 2023, the Chief Justice of the People’s Supreme Court issued Decision No. 364/QD-CA on the promulgation of precedents, with the total number of new precedents being 7, and the effective date being November 1st, 2023. This Decision has increased the number of available precedents in Vietnam to 70. Among these 7 new…
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…
Variations and Changes in Construction Contracts have always been a matter of great concern not only for Employers, Contractors, and Engineers but also Lawyers, Judges, and Arbitrators. For each party, depending on the degree of involvement, the perspective toward Variations and Changes in Construction Contracts may vary.
Thus, in order to adopt an objective and complete view of the issues of Variations and Changes in Construction Contracts, CNC was honored to accompany the Society of Construction Law – Viet Nam (SCLVN) and participate in the organization of the Conference highlighting the “Variations and Changes in Construction Contracts” on October 13, 2023 at the Ho Chi Minh City University of Law.
