CNC has a dedicated commercial disputes team which has the experience and depth of resources to provide a range of advice, litigation and dispute resolution services for a very broad spectrum of legal issues.
Our practice is based on the fundamental understanding that commercial disputes do not form part of our clients’ core business.
We astutely assess the strengths and weaknesses of our clients’ cases and advise on how best to resolve them, whether by way of a negotiated settlement or a formal procedure, such as mediation or adjudication.
Where disputes are not resolved we are experienced litigators, experts in court procedures and proud of our successful impressive track records.
Our approach is to help our clients to find the best and most cost-effective solution and pursue the outcome in a manner that make sene to achieve our clients’ commercial objective. That explains why we focus on result, not billable hours.
Emphasise early, commercial resolutions to disputes, rather than prolonged and costly litigation.
Carefully consider and discuss with our clients the costs and benefits of pursuing or contesting issues.
Whenever possible, and if appropriate, focus on maintaining relationships with other parties in order to keep our clients’ commercial options open for when the dispute is resolved.
Continue to advise our clients on their strategic options throughout any dispute resolution process.
Seek to work constructively with the other party to the dispute and their lawyers.
Above all, we pride ourselves on our ability to go beyond ‘black letter’ legal advice to give our clients commercial solutions to their problems.
Some of recognised complex disputes CNC has been engaged include:
Advised and represented Water and Environment Corporation (Waco) against Kenh Dong Water Supply J.S.C in the negotiation and settlement of more than VND30 billion following VIAC arbitration procedures in a dispute over a FIDIC construction contract in relation to an EPC/Turnkey Contract for the design, engineering, procurement, installation of equipment for DB1, DB3 and DB4 packages of the entire Kenh Dong Water Supply project.
Advised and represented Water and Environment Corporation (Waco) against Binh Dinh Water Supply Company in the negotiation and settlement of more than VND30 billion following VIAC arbitration procedures in a dispute over a construction contract in relation to extension of time claim (EOT Claims), price adjustment, and wrongfully termination of the contract.
Together with a leading firm in Vietnam, acted for the Urban-Civil Works Construction Investment Management Authority of Ho Chi Minh City (UCCI) against Obayashi, a leading Japanese contractor, constructing the Construction and Completion of the Saigon East-West Highway Construction Project - Package 2 - Construction of Tunnel Corssing Saigon River and Construction and New Thu Thiem Road. This is the first US $ 40 million lawsuit being advised and represented by a local law firm at International arbitration center (ICC) for a diversity of claims, ranging from extension of time, payment of associated cost thereof, to price adjustment for both local and foreign elements.
Together with a leading firm in Vietnam, advised the Urban-Civil Works Construction Investment Management Authority of Ho Chi Minh City against Extension of Time Claims (EOT Claims) of the package A - Improving Tau Hu canal - Ben Nghe built by TOA, Package C – constructing of sewer line, sewage pumping stations and equipment procurement constructed by the contractor consortium Nishimatsu - Ebara - Shimizu (NES joint venture), and package D - constructing sewers conveyance and improving existing public sewer system constructed by Shimizu, under the City’s Water Environment project - Phase 1.
Co-represented/advised a Vietnamese state-owned enterprise in the settlement of multi-million-dollar construction disputes following ICC arbitration procedures against leading Korean construction company for a dispute under an EPC/Turnkey Contract for the first large-scale textile fiber plant in the North of Vietnam. The lawsuit is over is US $ 60 millions.
Co-represented/advised a Vietnamese state-owned company in the settlement of 5 million-dollar claims against a leading Korean construction company under the Ho Chi Minh City - Long Thanh - Dau Giay Expressway - Contract Package No.3 at VIAC arbitration procedures.