Our Team

Nguyen Thi Kim Yen is an Associate in Ho Chi Minh City Office and a member of the Dispute Resolution team. Yen has assisted many international and domestic clients in resolving disputes by negotiation, arbitration and litigation at courts involving a wide range of applicable laws and venues including:

• Commerce
• Construction
• Insurance
• Employment
• Corporate
• Shipping and etc.

Yen has experienced representing clients in arbitrations conducted under the rules of VIAC, TRACENT, ICC, SIAC as well as acting as co-counsel advising clients in LMAA and LCIA arbitrations.

She also handles debt recovery, provides advice on different legal issues as per clients’ demand and work (drafting, reviewing and negotiating contractual terms) with various types of contracts, e.g. contracts on international trade of goods, transportation, offshore loan facility, shares sale and purchase, educational association, engineering, procurement and construction (EPC), e-commerce flatform service, franchise, securities margin trading, aeronautical service and so on.

In every case Yen handles, she is praised for her diligence, activeness and ability to pay attention in detail.

Arbitration

• VIAC case arising from subsea rectification contract between Singaporean company and Vietnamese company;
• Two VIAC cases of arising from lump-sum construction sub-contract between contractor and its sub-contractor;
• ICC case arising from production line sale contract between Chinese company and Vietnamese company;
• SIAC case arising from an international coal trading agreement between a Singaporean company and Malaysian company versus Vietnamese company;
• VIAC case arising from an international coal trading agreement between a Singaporean company and Vietnamese company;
• VIAC case arising from a construction design service contract between a Hong Kong technical design service provider and a Singaporean investor;
• VIAC case arising from an e-commerce flatform service contract between an e-commerce service provider and a trader;
• VIAC case arising from a medicine supply contract between two medical companies;
• TRACENT case on an insurance claim arising from a fire of a warehouse.

Litigation at Courts

• A lawsuit of more than USD 10 millions arising from a FIDIC construction contract between a reputed Vietnamese project owner and an EPC contractor at a district Court in Hanoi City;
• Two lawsuits of around USD 1,5 millions arising from securities margin trading contracts between a foreign-invested security company and several individual investors at a district Court in Ho Chi Minh City;
• A lawsuit of around USD 2 millions concerning a building lease contract between a medical company and a real estate developer at the Court of Hue City (the first-instance Court) and the Court of Thua Thien Hue Province (the appellate Court);
• A lawsuit of around USD 2 millions arising from a ship allision between Japanese company and Vietnamese company;
• A lawsuit concerning the request to return documents between a Malaysian company and a Vietnamese company;
• A lawsuit of around USD 500,000 on cargo loss claim arising from an inland water transport service contract at the Court of Ho Chi Minh City;
• A lawsuit of around USD 500,000 on cargo mis-declaration issue arising from some sea waybills at the Court of Ho Chi Minh City;
• A lawsuit on an overdue debt arising from tripartite payment guarantee agreement at a court in Ho Chi Minh City;
• A lawsuit on a claim for compensation due to false denunciation between a Japanese investor and a Vietnamese individual in a district Court of Da Nang City.

Advice

• Advising a foreign construction company on legal matters governed by Vietnamese law in a SIAC arbitration case of USD 200 millions against a State-owned company;
• Advising a BVI investor on legal matters governed by Vietnamese law in a SIAC arbitration case against a Vietnamese investor related to a shares sale and purchase agreement;
• Advising a company in Norway on issues concerned Vietnamese law in a LMAA arbitration;
• Advising a real estate investor on terms of a contract on construction of an USD 100 million-worth wind power plant in Vietnam;
• Advising a Chinese bank on an offshore loan facility agreement valued USD 50 millions;
• Advising a Hong Kong investor on dealing with the State authorities in relation to the effect of the enforcement of a judgment on the investor’s asset in Vietnam worth nearly USD 90 millions;
• Advising a Malaysian re-insurer on an insurance claim of USD 60 millions in relation to a incident caused to a thermal power plant in Vietnam;
• Advising a real estate corporation on the validity of a real estate project transfer transaction worth USD 20 millions;
• Advising a Japanese contractor on arising legal matters from time to time during the implementation of an urban railway construction contract worth USD 10 millions;
• Advising a Vietnamese bank on an insurance claim of USD 2 millions arising from a sank vessel;
• Advising a Singaporean re-insurer on settling a collision involved the insured vessel with the involvement of insurer, the insured, the insured vessel interests and the opponent vessel interests, with the claim amount of around USD 4 millions;
• Advising a Japanese company on insurance claims arising from a allision and a weather incident under construction all risks insurance contracts.

• “Subrogated Recoveries – Asia Pacific – Vietnam”, RPC Premier Law, 2022 (co-author)
• “Arbitration proceedings in the United Kingdom and experiences for Vietnam”, Vietnam Integration Magazine, Chapter 261, August 2022 (co-author)
• “International transaction on medical equipment sale and purchase conducted through intermediaries – legal issues for buyers”, CFO Vietnam News, October 2020 (co-author)
• “Warranty period for apartment buildings: The effect of the construction contract between the investor and the contractor and the law”, CFO Vietnam News, June 2020 (co-author)
• “Regulations on social enterprises in Vietnam” (graduation thesis), June 2018, University of Economics and Laws
• “Regulations on consumer protection in B2C e-commerce transactions” (undergraduate scientific research project), October 2016, University of Economics and Laws