Vietnam has been attracting more than USD 10 billion in foreign direct investment each year for the past 5 years. That being said, international investment dispute resolution did not receive much attention from the government until recently. Subject to many claims and complaints raised by foreign investors, Vietnam has concluded some remarkable new-generation free trade agreements and advanced its national legislations and dispute resolution practices and is coming toward a pro-arbitration regime. However, the system is still far from flawless and much progress from the government is inevitable.
Recognizing such troublesome reality, the article on “International Investment Dispute Resolution in Vietnam: Opportunities and Challenges” (Chapter 9) written by Mr Nguyen Manh Dzung (Senior Partner) and Ms Nguyen Thi Thu Trang (Special Arbitration Council) attempts to demonstrate developments in international investment agreements and statutes in respect of investor-state dispute settlement (ISDS) in parallel with the illustration of some of the most noteworthy public cases in hope of providing helpful insights and recommendations for its government as well as investors.
With 21 chapters, the book brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. By reading this book, you are one step closer to understanding the ISDS mechanism in Vietnam and Asia.
The contents of the book could be viewed here
The book is available both in e-book version and physical form and Chapter 9 could be accessed here
On 4 September 2020, a global project “Does a Right to a Physical Hearing Exist in International Arbitration?” was launched by the ICCA attracting around 85 New York Convention contracting States, including Vietnam. Among the first four national reports chosen by the organizers to be published was Vietnam report attributed to Mr Hew Dundas, Ms Nguyen Thi Thu Trang (Special Arbitration Counsel), and Ms Nguyen Thi Mai Anh (Associate). Three other national reports are: Australia, Italia, and the United States.
With profound understanding and years of extensive experience, our people have created one of the “models for posting on the ICCA website”, taking one step further to get Vietnam to “the very top of the Premier League.” This recognition has put us “at the highest level in this aspect of legal activity” and demonstrated “that we are at least the equal of jurisdictions with far longer traditions of international arbitration,” said our beloved Mr. Dundas. The report comprises a series of in-depth legal questions and answers concerning the disputing parties’ right to a physical hearing under the current statutes on arbitration.
To read Vietnam report, go to: https://cdn.arbitration-icca.org/s3fs-public/document/media_document/Vietnam-Right-to-a-Physical-Hearing-Report-0.pdf
Other reports can be found here: https://www.arbitration-icca.org/right-to-a-physical-hearing-international-arbitration“
The remaining reports shall be posted in three batches in the first quarter of 2021.
It’s the very first time Vietnam – Jurisdiction Analysis has been included in GAP. Our Dispute Resolution Group (Mr. Nguyen Ngoc Minh – Partner, Ms. Nguyen Thi Thu Trang – Special Arbitration Counsel and Ms. Nguyen Thi Mai Anh – Associate) is proud to prepare for the chapter which has been available and can be downloaded here
The GAP is designed to assist in-house counsel, corporate lawyers and arbitration practitioners with efficiently accessing key insights into a large range of jurisdictions, including for the purposes of negotiating the choice of arbitral seats and conducting arbitral proceedings in over 60 jurisdictions.
For futher information, please visit: https://delosdr.org/index.php/gap/
APEC Workshop on the United Nations Commission on International Trade Law (UNCITRAL) Instruments and the Ease of Doing Business (EoDB) Initiative take place on February 3, 2015 in Clark, Philippines
This activity aims to support APEC’s work on EoDB by exploring in greater detail and sharing experiences on how UNCITRAL texts can support APEC economies implementing EoDB reforms, particularly in the areas of enforcing contracts, getting credit and trading across borders. It will also provide a space to discuss options to incorporate UNCITRAL instruments in APEC EoDB and structural reform agenda in the future.
Our managing partner, Mr Nguyen Manh Dzung, has been speaker for the Session of “Enforcing Contracts” which discussed mainly UNCITRAL Model Law on International Commercial Arbitration, the New York Convention and UNCITRAL arbitration rules, and how they can contribute to implement legal reforms in APEC economies to improve the business environment.
Participants for the event include representative of IFC – World Bank, government officials from Justice Department, Ministries of Trade and Industry, National Development Agencies, Foreign Affairs Ministries, Investment Agencies from some Asia countries …
Click here to view and download our presentations at conferences & seminars.
Our managing partner – Mr. Nguyen Manh Dzung has been invited to participate in the 3rd Asia-Pacific ADR Conference which will be held in Seoul, Republic of Korea on 17-18 November 2014. United Nations Commission on International Trade Law (UNCITRAL), the Ministry of Justice of ROK and the Korean Commercial Arbitration Board jointly host the conference.
The themes of this conference are particularly designed to explore the new trends and challenges of ADR both of the region and of the world. The five conference tracks are expected to cover practice of UNCITRAL Arbitration Rules, interim measures in arbitration, transparency in investment arbitration, new trends and legal challenges of arbitration in the Asia-Pacific region and other ADR measures.
This conference is expected to attract experts, officials, researchers, scholars, and practitioners from the region and from around the world to share their insightful opinions and research findings related to the conference theme.
Dzungsrt & Associates LLC has been recommended as a TOP-TIER FIRM in 1 practice area:
Dzungsrt & Associates LLC has also been recommended in the following practice area:
– Dispute resolution
1 lawyer is listed in elite “Leading lawyers” list. The Legal 500 Asia Pacific 2015’s guide to outstanding lawyers in Asia Pacific.
Dispute resolution – Leading individuals
– Nguyen Manh Dzung
2 lawyers are recommended in The Asia Pacific Legal 500 2015 editorial (listed below)
– Nguyen Manh Dzung
– Vu Phuong Trang
Mr Nguyen Manh Dzung – Managing Partner has attended arbitration section and Mr Dang Viet Anh – Partner & Head of Shipping Practice has attended Maritime and Transport Section – IBA Annual Conference in Tokyo, Japan from 19 Oct to 24 Oct 2014
DZUNGSRT & ASSOCIATES has converted to DZUNGSRT & ASSOCIATES LLC. with effect from 1stJanuary 2012. DZUNGSRT & ASSOCIATES LLC. is a limited liability law company with limited liability under Circular No. 17/2011/TT-BTP of the Ministry of Justice of Vietnam, effective on 1st December 2011.