Dang Vu Minh Ha
LL.M – International Commercial Law - University of Leicester (United Kingdom),
Admitted to Hanoi Bar, Vietnam,
Certificate for participating in the PIDA training on international commercial arbitration of ICC, Ho Chi Minh, Vietnam (April 2019),
Member of the Young ICCA [under the auspices of the International Council for Commercial Arbitration (ICCA)],
Member of the Young SIAC [under the auspices of the Singapore International Arbitration Centre (SIAC)].
Dang Vu Minh Ha is a Partner at Dzungsrt & Associates’s Hanoi Office. Her expertise specialises in all areas of Commercial and Maritime law, including:
- Commercial and Maritime Arbitration,
- Maritime Insurance,
- All types of Shipping – dry and wet:
- Cargo Claims,
- Disputes in respect of Bills of Lading,
- Seaway Bills and Charterparties,
- Bunker Disputes,
- Exercise of Liens,
- Ship Arrests,
- Insurance Policy Disputes.
Minh Ha is academically well trained on on the carriage of goods by sea, and has actively worked with the Ministry of Transport and the Vinamarine in improving the Vietnaese legislation related to ship arrests. Thus, with Minh Ha’s substantial expertise, she can provide valuable advice and practical support to her clients, such as:
- Leading international shipping law firms,
- P&I and H&M underwriters,
- Foreign shipowners,
- Top multinational shipping lines.
Additionally, Minh Ha also specialises in International Commerical Law and has participated in both Shipping, Arbitration and ADR groups at Dzungsrt & Associates. Furthermore, she has dealt with domestic and international arbitration at various institutions locally (E.g., VIAC), and internationally (E.g., ICC, SIAC, SCMA), whilst also assisting foreign clients in recognition and enforcement of several foreign instiutional and ad-hoc arbitral awards in Vietnam. Minh Ha’s outstanding experience extends to:
- Infrastructure Projects,
- Maritime and Insurance.
Minh Ha was ranked among the Top 10 graduates during her completion of her degree in law from the Diplomatic Academy of Vietnam and subsequently went on to get her LL.M in International Commercial Law at the School of Law, University of Leicester.
Since then, she has contribued to improving the Vietnamese legal landscape by taking part in the drafting process of sections of the 2015 Civil Procedure Code of Vietnam in regards to arbitration, mediation and the Decree No. 22/2017/ND-CP on Commercial Mediation.
International Commercial Arbitration involving Construction, Energy, Retailers, Maritime, Aviation and International Sale Disputes
- An ICC arbitration of under USD 500 million involving an oil and gas contract,
- A VIAC arbitration of more than USD 7 million related to a maritime dispute arising from a collision in Vietnam,
- A VIAC arbitration of over USD 100 million involving the construction of one of the tallest skyscrapers in Vietnam,
- A VIAC arbitration of a USD 10 million dispute between a Korean contractor and its employer – one of the largest state-owned banks in Vietnam
- A VIAC arbitration related to a construction sub-contract between a Vietnamese corporation and a Malaysian company,
- A VIAC arbitration related to a sale and purchase contract of steel scraps between a Vietnamese corporation and a Hong Kong company,
- Several VIAC arbitrations regarding a number of sale and purchase contracts of steel scraps between a British company and several Vietnamese companies,
- A VIAC arbitration related to an aviation re-insurance contract between two Vietnamese insurers,
- An SIAC arbitration between a Korean company and a Vietnamese company, regarding a share sale-purchase agreement,
- An SIAC arbitration between a Vietnamese trading company and an international seller in a sale contract,
- An SIAC arbitration between a Korean trading company and a Vietnamese buyer, arising from a contract for sale and purchase of scrap,
- An SCMA arbitration between a Korean charterer and a Hong Kong shipowner in regards to a charter party.
Recognition and Enforcement
- Participated in proceedings regarding recognition and enforcement in Vietnam, for a number of English arbitral awards rendered by the International Cotton Association in favour of a Swiss trading group,
- Contributed to proceedings on recognition and enforcement in Vietnam of English arbitral awards rendered by the International Cotton Association in favour of a US corporation,
- Partook in proceedings on recognition and enforcement in Vietnam of arbitral awards rendered by the Singapore International Arbitration Centre (SIAC) in favour of a Korean-US Partnership,
- Involved in proceedings on recognition and enforcement in Vietnam of an arbitral award rendered by the Singapore International Arbitration Centre (SIAC) in favour of the corporation of the British Virgin Island (BVI).
- Assisted Clubs under IG (such as JPI, NoE, WoE, Shipowners, Standards, etc.,) and their Members in lifting a number of Arrest Orders at the Vietnamese courts,
- Advised a client on the possibility to arrest a luxury yatch in Vietnam,
- Advised clients on the possibility to arrest a vessel in order to secure a maritime claim in Vietnam,
- Assisted Vietnamese shipowners in lifting the Arrest Orders against their vessels in other jurisdictions such as, India or Indonesia,
- Aided foreign clients in arresting foreign vessels that were calling at Vietnamese ports to secure their maritime claims.
- Assisted a Slovakian freight forwarder in the resolution of cargo stuck in Vietnamese ports due to the local restrictions on importing scrap,
- Helped a Korean trading company, dealing with a Vietnamese buyer, in resolving the issue of cargo stuck on board a vessel due to local restriction on importing of scrap,
- Advised and assisted a number of top leading shipping lines in the resolution of cargo abandoned at Vietnamese ports due to the local restrictions on importing scrap.
- Advised and supported an international company, negotiating with a local coal buyer, in an amicable settlement for the claims on demurrage charges,
- Supported a Vietnamese shipowner in claiming against foreign charterers for demurrage charges arising from the charter parties,
- Advised on the possibility to exercise a lien on cargo to recover the debt arising from demurrage charges.
Collision and Allision
- Assisted a Japanese leading underwriter (P&I) and a Korean underwriter (H&M) to settle the claims from local barge owners over the collision of a vessel and a local barge,
- Aided a P&I underwriter and H&M underwriter and the shipowner to settle the claims arising from a collision between a Korean and a Vietnamese vessel near Ho Chi Minh city,
- Supported the recovery of a local underwriter from a foreign underwriter, in regards to the claims arising from a collision between a river cruise and a vessel,
- Assisted an IG Club and the shipowner in a negotiation with a local buoy owner to settle their claims and release the vessel, after it contacted a buoy in Go Gia river, Ho Chi Minh City,
- Aided a P&I Club and the shipowner in dealing with the salvage of a sunken vessel near Ha Tinh Province, Vietnam,
- Supported a local underwriter, its re-insurer and the shipowners in dealing with the cargo and non-cargo claims arising from the sinking of a local cargo vessel,
- Assisted a Club and its Member in claims raised by the local fishermen in regards to an alledged collision.
- Vietnam Chapter in International Handbook on Commercial Arbitration, 2020 (ICCA & Kluwer Law International – co-author),
- Vietnam Chapter on Recognition and Enforcement of Judgments in Civil and Commercial Matters, Anselmo Reyes (ed.), 2019 (Bloomsbury – co-author),
- Vietnam Chapter in The Asia-Pacific Arbitration Review 2017 of the Global Arbitration Review (Law Business Research LTD (UK) – co-author),
- Vietnam Chapter in Getting the Deal Through – Arbitration 2014 (Global Arbitration Review, Law Business Research LTD (UK) – co-author),
- Vietnam Chapter in IBA Arbitration (Country Guides – co-author),
- Vietnam Chapter in Loukas Mistelis and Laurence Shore, Editors (World Arbitration Reporter 2nd edn (WAR) – co – author),
- New Supreme Court’s Guidance of Law on Commercial Arbitration of Vietnam – A Pro-arbitration Perspective (published on Arbitration Watch – co- author),
- The application of liquidated damage in arbitration at the Vietnam International Arbitration Center (VIAC) (Co-author),
- Conflict of interests of arbitrator in arbitral proceedings (Co-author),
- “Vietnam – An Arbitration – Friendly Seat” (Young Arbitration Review, Year 4 – Ed.19 – co-author),
- “ISDS Reform & The EU–Vietnam Free Trade Agreement: Challenge Accepted!” in Mandev Mohan & Chester Brown, Regulation & Investment Disputes: Asian Perspectives (Cambridge University Press – co-author),
- “Enforcement of Mediated Settlement Agreements in Vietnam: A Step Forward the International Trend?” (published on Young ICCA Blog – co-author),
- “Mediation: An Ideal Solution for International Business Dispute in Vietnam?, January 2019 (Issue of Financier Worldwide – co-author),
- Commenting on the Drafts of the Decree on Commercial Mediation,
- Commenting on the Draft of the Amendment of the Code of Civil Procedure of Vietnam,
- Commenting on the Draft of the Mediation Rules of the Vietnam Mediation Centre (VMC).